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HomeMy WebLinkAbout2952 OrdinanceORDINANCE NO. a:A5c AN ORDINANCE concerning adult entertainment businesses, and, establishing new Chapter 5 26 of the Pasco Municipal Code THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: §1 New Chapter 5 26 title "Adult Entertainment Business Licenses" is hereby added to the Pasco Municipal Code, which chapter shall read as follows CHAPTER 526 ADULT ENTERTAINMENT BUSINESS LICENSES Sections 5 26 010 Purpose 5 26 020 Definitions 5 26 030 Application of other provisions 5 26 040 License required—Adult entertainment business 5 26 050 License required—Manager, waitperson and entertainer 5 26 060 License—Posting and display 5 26 070 License—Unlawful to advertise without license 5 26 080 License—Fees and requirements 5 26 090 License—Term 5 26 100 License—Procedure for renewing 5 26 110 Application for license—Adult entertainment business 5 26 120 Application for license—Manager, waitperson and entertainer 5 26 130 Applicant investigation—Adult entertainment business 5 26 140 Applicant investigation—Manager, waitperson and entertainer 5 26 150 Application—Approval or denial—Notice 5 26 160 Procedure for appealing a license denial 5 26 170 Employee conduct—Standards and prohibitions 5 26 180 Certain conduct prohibited 5 26 190 Premises requirements 5 26 200 Manager on premises required—Duties 5 26 210 Age restrictions 5 26 220 Exemptions 5 26 230 Penalties 5 26 010 PURPOSE This chapter is intended to regulate adult businesses in the City of Pasco consistent with state and federal statutory law and constitutional requirements It is not the purpose of this chapter to discriminate or allow any other improper or 1 unlawful action to prohibit or restrict adult entertainment businesses 5 26 020 DEFINITIONS Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter A Adult entertainment business means any of the following businesses Any business establishment, including without limitation any theater, cabaret, dance or modeling studio, playhouse or club, that engages in, provides, promotes or permits adult entertainment on any portion of its premises B Adult entertainment means any display, presentation, exhibition, performance or dance of any type conducted in a business establishment and involving a person who- 1 is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or 2 touches, caresses or fondles any specified anatomical area of themselves or another person, or 3 permits the touching, caressing or fondling of any of their own specified anatomical areas C Business day means the normal business hours of the adult business within a twenty-four hour period D Business establishment means any business that excludes any person by virtue of age from all or any part of the premises and which engages in adult entertainment business on any portion of the premises E Employee means any and all persons, including managers, waitpersons, entertainers and independent contractors, who work for or work at or render any services directly related to the operation of an adult entertainment business F Entertainer means any person who on any occasion provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for such entertainment, and whether or not the entertainer is paid G Manager means any person who manages, directs, administers, or is in charge of the affairs or conduct of any portion of an adult - 2 - entertainment business H Operator means any person operating, conducting or maintaining an adult entertainment business I Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized J Public place means any area generally visible or open to the general public and includes streets, sidewalks, bndges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not K Specified anatomical ai eas means less than completely or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely or opaquely covered L Specified sexual activities means acts of human masturbation, sexual intercourse, sodomy, bestiality, or oral copulation M Wattperson means any person who on any occasion greets or waits on patrons or serves food or drink within an adult entertainment business 5 26 030 APPLICATION OF OTHER PROVISIONS The licenses required by this chapter are subject to the general provisions of the Pasco Municipal Code set forth in Chapter 5 04—Licenses Generally, as now or hereafter amended In the event of a conflict between the provisions of Chapter 5 04 and this chapter in their application to an adult entertainment business, the provisions of this chapter shall control 5 26 040 LICENSE REQUIRED—ADULT ENTERTAINMENT BUSINESS A It shall be unlawful for any person to operate or maintain an adult entertainment business in the city unless the owner or operator thereof has obtained from the city manager a license to do so Such license shall be designated an "adult entertainment business license" and shall be issued on an annual basis This license is not intended to be exclusive of other applicable licenses, i e, an arcade license (PMC 5 64), and the general city business license (PMC 5 04) - 3 - B It is unlawful for any entertainer, waitperson, employee or manager, knowingly to perform any service or entertainment directly related to the operation of an unlicensed adult entertainment business C It is unlawful for any owner, operator, manager, or employee of a licensed adult entertainment business, knowingly to permit any violation of this chapter 5 26 050 LICENSE REQUIRED—MANAGER, WAITPERSON AND ENTERTAINER A It shall be unlawful for any person on any occasion to work or perform as an entertainer, waitperson or manager at an adult entertainment business without having first obtained from the city manager a license to do so Such license shall be designated an "adult entertainer's license," an "adult waitperson's license," or an "adult business manager's license," respectively, and shall be issued on an annual basis B A person performing the function of entertainer, waitperson or manager shall have a separate license for each function 5 26 060 LICENSE—POSTING AND DISPLAY A Every adult entertainer shall post his or her license in his or her work area so it is readily available for inspection by city authorities responsible for enforcement of this chapter B Every person licensed under this chapter as an adult business, waitperson or manager, shall post such license in a conspicuous place and manner on the premises of the adult business 5 26 070 LICENSE—UNLAWFUL TO ADVERTISE WITHOUT LICENSE It is unlawful to advertise the services of any adult entertainment business or adult entertainer that is not licensed according to the provisions of this chapter 5 26 080 LICENSE—FEES AND REQUIREMENTS A The fees for each license and renewal of any license required by this chapter shall be as follows Adult Entertainment Business License $ 1,300 00 Adult Entertainer's License $ 35 00 Adult Waitperson's License $ 35 00 Adult Business Manager's License $ 35 00 4 - B All persons required to obtain or renew licenses under this chapter shall obtain or renew the same and pay all fees required on or before December 31 of the prior license year Any person who fails to obtain or renew and pay the license fees by December 31 of the pnor license year shall, in addition to any other penalties provided in this chapter or the Pasco Municipal Code, be assessed an amount equal to fifty percent (50%) of the license fee for such year as a penalty for such late application or payment, PROVIDED that this penalty shall not apply to an application submitted by any person who was not previously licensed under this chapter C No license shall be issued or renewed except upon written application made to the city manager in accordance with this chapter A nonrefundable application fee in an amount equal to the license fee for the license sought shall accompany the application If the license is granted, the application fee shall be credited to payment of the first annual license fee D If the applicant is a partnership, the application must be made and signed by one of the general partners, if a corporation, by one of the officers thereof In addition, if the applicant is a non-Washington (i e, non-resident individual, foreign) corporation, partnership, it shall be signed by the resident agent or or local manager of the foreign corporation, partnership or individual E Neither the filing of an original or renewal application for license, nor the payment of any application or renewal fee, shall authorize a person to engage in or conduct an adult business until such license has been granted or renewed 5 26 090 LICENSE—TERM All licenses issued pursuant to this chapter shall be valid until December 31 of the year for which they are issued, and all renewals thereafter shall be for a period of one calendar year commencing January 1 of the year for which the license is issued and expiring December 31 of the same year 526 100 LICENSE—PROCEDURE FOR RENEWING All licenses to be issued pursuant to this chapter shall be renewed by following the same procedure as required for an original application 526 110 APPLICATION FOR LICENSE—ADULT ENTERTAIN- MENT BUSINESS A All applications for an adult business license shall be submitted in the name of the person(s) proposing to own and/or operate such adult business, signed by the person(s) specified in §5 26 080, and notarized or certified as true under penalty of perjury All - 5 - applications shall be submitted on forms supplied by the city manager, and shall contain the following information 1 The name, residence address, residence telephone number, date and place of birth, and social security or tax identification number of each applicant 2 The business name, street and mailing address and telephone number of the adult business premises 3 The names, residence addresses, residence telephone numbers, social security numbers and dates of birth of all general partners, corporate officers and directors of the applicant(s) 4 Addresses of the applicant, and the general partners, corporate officers and directors of the applicant(s), for the five (5) years immediately prior to the date of application 5 A detailed description and operational plan of the adult business proposed to be conducted by the applicant(s), including but not limited to hours of operation, location, names and addresses of managers, interior furnishings and layout of stage(s), and number of type of employees 6 A description of the adult entertainment business history of the applicant(s), including the issuing jurisdiction and identification number of any prior adult entertainment business licenses, including whether, in previously operating an adult entertainment business in this or another city, county or state, such person has had an adult entertainment business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation 7 A description of the business, occupation, or employment of the applicant(s), and the general partners, corporate officers and directors of the applicant, for the three (3) years immediately preceding the date of application 8 Copies of any ownership documents, sale or purchase documents, or lease documents, pertaining to the proposed adult business premises sufficient to allow the city to identify everyone with a property interest in the premises 9 Authorization for the city, its agents and employees, to see any other relevant information or to confirm any statements set forth in the application -6 _ B An application that does not provide all of the information or documents required by this section is incomplete and shall not be processed until all required information is provided 5 26 120 APPLICATION FOR LICENSE—MANAGER, WAIT- PERSON OR ENTERTAINER A All applications for an adult entertainment business manager's license, adult waitperson's license, or adult entertainer's license shall be signed by the applicant and notarized or certified as true under penalty of perjury All applications shall be submitted on forms supplied by the city manager, and shall contain the following information 1 The applicant's name, residence address, residence telephone number, date and place of birth, social security number and any stage names, nicknames or aliases used 2 The name and address of each adult entertainment business at which the applicant intends to work as a manager, waitperson, or entertainer, and the issuing jurisdiction and identification number of all other similar licenses held by the applicant within the three (3) years immediately preceding 3 Documentation verifying that the applicant has attained the age of eighteen (18) years Any of the following shall be accepted as documentation of age a A valid motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth b A valid identification card issued by any state bearing the applicant's photograph and date of birth c A valid official passport issued by the United States of America d A valid immigration card issued by the United States of America e Any other valid picture identification bearing the applicant's date of birth issued by a state or federal governmental entity 4 Two (2) two-inch by two-inch black and white photographs of the applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant The photographs shall be provided at the applicant's expense The license, when issued, shall - 7 - have affixed to it one such photograph of the applicant 5 A legible photocopy of a valid food and beverage service worker's permit, s prescribed by the Washington State Board of Health, issued pursuant to Chapter 69 06 RCW, if otherwise required B An application that does not provide all of the information or documents required by this section is incomplete and shall not be processed until all required information is provided 526 130 APPLICANT INVESTIGATION—ADULT ENTERTAIN- MENT BUSINESS A Upon filing of an application for an adult business license, the city manager shall forward copies of the application for the police chief, the planning director, and building official, and 1 Within thirty (30) days of the date of the application for an adult entertainment business license, the police chief shall investigate the statements set forth in the application and report to the city manager whether the information received by the police chief confirms the information in the application 2 Within thirty (30) days of the date of an application for an adult entertainment business license, the planning director shall inspect the pioposed premises of the adult business and report the city manager whether the location of the proposed adult business complies with the zoning regulations of the Pasco Municipal Code 3 Within thirty (30) days of the date of the application for an adult business license, the building official shall inspect the proposed premises of the adult entertainment business and report to the city manager whether the premises complies with the fire, safety and building code regulations of the Pasco Municipal Code 5 26 140 APPLICANT INVESTIGATION—MANAGER, WAIT- PERSON AND ENTERTAINER Upon filing of an application for an adult entertainer's license, adult waitperson's license or adult business manager's license, the city manager shall forward copies of the application to the police chief Within three (3) working days of the date of the application, the police chief shall investigate the statements set forth in the application and report to the city manager whether the information received by the police chief conforms the information in the application 5 26 150 APPLICATION—APPROVAL OR DENIAL—NOTICE A The city manager shall, within seven (7) days after completion - 8 - of the investigation of an adult entertainment business license, but in no event no more than thirty-seven (37) days from the date of receipt of the application, issue an adult business license if the city manager finds 1 That the adult entertainment business for which a license is required will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws of the city, as well as the requirements of this chapter, 2 That the applicant, or any of its general partners, corporate officers or directors, employees, agents, or managers, has not made any false, misleading or fraudulent statement of material fact in the application for any license, or in any report or record required to be filed with the city, and 3 That the applicant and all or any of its general partners, corporate officers or directors, employees, agents, or managers of the applicant, have attained the age of eighteen (18) years B The city manager shall, within three (3) working days after the receipt of an application for an adult business manager's license, adult waitperson's license or an adult entertainer's license, issue the applicable license unless the city manager finds 1 That the applicant has made any false, misleading or fraudulent statement of material fact in the application for any license, or in any report or record required to be filed with the city, or 2 That the applicant has not attained the age of eighteen (18) years C When a license is issued or denied by the city manager it shall be mailed to the applicant, postage prepaid, to the address shown on the license application 5 26 160 PROCEDURE FOR APPEALING A LICENSE DENIAL A When the city manager refuses to grant a license, he or she shall notify the applicant in writing of the same, describing the reasons therefore, and shall inform the applicant of his or her right to appeal to the city council within ten (10) days of the date of the wntten nonce by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested - 9 _ B Within ten (10) days of receiving a timely appeal, the city manager shall forward the administrative record of the licensing decision to the city clerk C When an applicant has timely appealed the city manager's licensing decision, the city council shall review the administrative record at the next regularly scheduled meeting for which proper notice can be given Written notice of the date and time of the scheduled meeting will be given to the applicant by the city clerk by mailing the same, postage prepaid, to the applicant at the address shown on the license application D The applicant and city manager shall be given an opportunity to argue the merits of the appeal before the city council Oral argument by each party shall not exceed ten (10) minutes and shall be limited to the administrative record before the council New evidence shall not be presented by the parties or accepted by the council E The city council shall uphold the city manager's decision unless it finds the decision is not supported by substantial evidence in the administrative record The applicant shall bear the burden of proof F The city council shall issue a written decision within ten (10) days of hearing the appeal The council may uphold the city manager's decision and deny the permit, overrule the city manager's decision and grant the permit, or remand the matter to the city manager for further review and action The city manager shall complete further action or review within thirty (30) days of receiving the remand G Either party may seek review of a final decision of the city council by commencing an action fore review in the Franklin County Superior Court within ten (10) days of the issue of the city council's written decision 5 26 170 EMPLOYEE CONDUCT—STANDARDS AND PROHIBITIONS The following standards of conduct upon the premises of any adult business shall be adhered to by employees of any adult entertainment business A All adult entertainment shall occur upon a stage at least eighteen inches (18") above the immediate floor level and be removed at least six feet (6') from the nearest patron B No employee or enteitamer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of a specified anatomical area, whether or not the - 10 - specified anatomical area is painted, decorated or covered with less than opaque material, except upon a stage at least eighteen inches (18") above the immediate floor level and be removed at least six feet (6') from the nearest patron C Except as provided in subsections (A) and (B) of this section, no employee or entertainer shall perform acts of or acts which simulate 1 Adult entertainment, 2 Specified sexual activities, or 3 The touching, caressing or fondling of any specified anatomical area D No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (B) of this section E No employee or entertainer shall knowingly permit any person upon the premises to engage in a specified sexual activity or touch, caress or fondle any specified anatomical area of any other person F No employee or entertainer shall touch, caress or fondle any specified anatomical area of any other person G No employee or entertainer shall wear or use any device or covering exposed to view which simulates any portion of a specified anatomical area H No employee or entertainer shall use artificial devices or inanimate objects to depict any specified sexual activity I No entertainer shall be visible from any public place while providing adult entertainment on the premises of such adult business J No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter K No entertainer shall solicit or collect any payment or gratuity directly from any patron nor shall any patron pay or give any gratuity directly to any entertainer Nothing in this section prohibits payment of a gratuity or payment to a manager on behalf of the entertainer L No waitperson shall, while acting as a waitperson, provide adult entertainment or be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area 5 26 180 CERTAIN CONDUCT PROHIBITED A It is unlawful for any patron of an adult entertainment business to enter upon any stage during any time an entertainer is performing B It is unlawful for any patron of an adult business to hand, pay, or give any gratuity or payment directly to an entertainer C It is unlawful for any entertainer, manager or wauperson to perform more than one such function at an adult business on the same business day D Except as permitted in §5 26 170, no person shall touch, caress or fondle any specified anatomical area while on the premises of an adult business 5 26 190 PREMISES REQUIREMENTS The following are required at the premises of any adult entertainment business A Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation displaying any portion of any specified anatomical area may be visible outside of the adult business premises B Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times, and so that on any part of the premises which are open to and used by patrons a program, menu, or list printed in 8 point type will be readable C A sign not less than two feet by two feet, with bold face print not less than 24 point, shall be conspicuously displayed in the area of the premises open to and used by the patrons, visible from the main entry, and shall read as follows "THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF PASCO ENTERTAINERS ARE 1 Not permitted to engage in any type of sexual conduct 2 Not permitted to be unclothed or in such less than opaque and - 12 - , r - complete attire, costume or clothing so as to expose to view any portion of the breast below the top of the areola, any portion of the pubic region, buttocks, genitals or vulva and/or anus except upon a stage at least eighteen inches (18") above the immediate floor level and be removed at least six feet (6') from the nearest patron 3 Not permitted to solicit or collect any payment or gratuity directly from any patron Any gratuity shall be paid to the manager on behalf of an entertainer" D No alcoholic beverages may be served at any adult entertainment business required to be licensed under this chapter Any premises which has received a license to sell alcoholic beverages from the Washington State Liquor Control Board shall be ineligible for an adult business license under this chapter while such license to sell alcoholic beverages is in effect 5 26 200 MANAGER ON PREMISES REQUIRED—DUTIES A A licensed adult entertainment business manager shall be on duty at an adult business during all times the adult entertainment business is open for business The name of the manager on duty shall be prominently posted during business hours B Upon request, the manager shall provide a roster of all adult entertainers and waitpersons on duty for or working during a specified business day C It shall be the responsibility of the manager to verify that any person who provides adult entertainment or acts as a waitperson within the adult entertainment business premises (a) possesses a current and valid adult entertainer's or adult waitperson's license posted in the manner required by this chapter, and (b) is not performing more than one such function during a business day / 5 26 210 AGE RESTRICTIONS A It is unlawful for any person under the age of eighteen (18) years to be in or upon any premises for which an adult entertainment business license is required B It is unlawful for any owners, operator, manager, or other person in charge of an adult entertainment business to knowingly permit or allow any person under the age or eighteen (18) years to be in or on the premises of such adult business - 13 - 5 26 220 EXEMPTIONS A This chapter shall not be construed to prohibit or regulate 1 Plays, operas, musicals, or other dramatic works that are not obscene 2 Classes, seminars and lectures held for scientific or educational purposes that are not obscene 3 Athletic games or contests traditionally conducted so as to expose to view any portion of the male breast below the top of the areola (e g boxing or wrestling matches) B For purposes of this section, an activity is obscene if 1 Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex, and 2 The activity depicts patently offensive representations, as measured against community standards, of a Ultimate sexual acts, normal or perverted, actual or simulated, or b Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area, or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture, and 3 The activity taken as a whole lacks serious literary, artistic, political or scientific value 5 26 230 PENALTIES A Any violation of this chapter shall be a gross misdemeanor, and shall be subject to a fine not to exceed Five Thousand Dollars ($5,000), or to imprisonment for a term not to exceed one (1) year, or both such fine and imprisonment Each day or portion thereof such violation continues or occurs shall be considered an additional and separate offense B Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation of set forth in PMC 5 04 110 - 14 - JO E V) eFELICE M • , or ATTEST CATHERINE D S AMAN Deputy City Clerk APPROVED AS TO FORM A RUB STELLO tor ney GR Ca §2. This ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at its regular City Council meeting of July 19, 1993 - 15 - AUG 0 019g3 1::INANCE. DEPT. SUBSCRIBE DAY 012--- SWORN BEFOR 0 t ox.'r 15 19c3co OS A ‘SSION NOTA,9k WA SI-0 1WP BOX 608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LE L VE TM§ INVOICE SOLD TO FASCO, CITY OF LEGALS F.O. BOX 29: FASCO NA 9:J -01 DATE 07 /(25 ' c17 LEGAL NO ACCOUNT NO 50550 LEGAL #1200/ORD #27Y52 LINes 374 TOTAL „ DESCRIPTION TIMES "01 NOTOCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment - FFWA VET F PUSE,fiCL .rry COUNTY OF BENTON SS STATE OF WASHINGTON Rosemar v E_vei t , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a LEGAL 1*1200/ORD *12.352 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 03-12-9/' , and ending on Q 7 / 25 3 , and that said newspaper was regulary distributed to its subscribers during all of this period ) Notary him in and for the State of Wash- ington, residing at Fasc u COMMISSION EXPIRES 40 i LEGALS specified anatomical area while on the premises of an adult business 5 26 190 PREMISES RE QUIREMENTS The following are required at the premises of any adult entertainment bust ness A Neither the performance nor any photograph drawing sketch or other pictonal or graphic representation dis- playing any portion of any specified anatomical area may be visible outside of the adult business premises B Sufficient lighting shall be provided an equally distnbuted in and about the parts of the premises which are open to and used by patrons so that all objections are plainly visible at all times and so that on any part of the premises which are open to and used by patrons a program menu or list printed in 8 point type will be readable C A sign not less than two feet by two feet with bold face pnnt not less than 24 point shall be conspicuously displayed in the area of the premises open to and used by the patrons visi- ble from the main entry and shall read as follows THfS ADULT ENTERTAIN MENT BUSINESS IS REGU- LATED BY THE CITY OF PASCO ENTERTAINERS ARE 1 Not permitted to engage in any type of seXual conduct 2 Not permitted to be un- clothed or in such less than opaque and complete attire costume or clothing so as to expose to view any portion of the breast below the top of the areola any portion of the pubic region buttocks genitals or vulva and/or anus except up on a stage at least eighteen inches (18") above the imme diate floor level and be re moved at least six feet (6) from the nearest patron 3 Not permitted to solicit or collect any payment or gratuity directly from any patron Any gratuity shall be paid to the manager on behalf of an en- tertainer D No alcoholic beverages may be served at any adult en- tertainment business required to be licensed under this chap- ter Any premises which has received a license to sell alco- holic beverages from the Washington State Liquor Con- trol Board shall be ineligible for an adult business license un- der this chapter while such li- cense to sell alcoholic bever- ages is in effect 5 26 200 MANAGER ON PREMISES REQUIRED DU- TIES A A licensed adult entertain- ment business manager shall be on duty at an adult busi- ness during all times the adult entertainment business is open for business The name of the manager on duty shall be prominently posted during business hours B Upon request the manager shall provide a roster of all adult entertainers and waitper sons on duty for or working dunng a specified business day C It shall be the responsibility of the manager to verify that any person who provides adult entertainment or acts as a waftperson within the adult en- tertainment business premis- es (a) possesses a current and valid adult entertainer's or adult waitperson s license posted in the manner required by this chapter and (b) is not performing more than one such function during a busi- ness day 5 26 210 AGE RESTRIC TIONS A It is unlawful for any person under the age of eighteen (18) years to be in or upon any premises for which an adult entertainment business Ii cense is required B It is unlawful for any owners operator manager or other person in charge of an adult entertainment business to knowingly permit or allow any person under the age or eigh- teen (18) years to be in or on the premises of such adult business _ 5 26 220 EXEMPTIONS A This chapter shall not be construed to prohibit or regu late 1 Plays operas musicals or , other dramatic works that are not obscene 2 Classes seminars and lec- tures held for scientific or edu- cational purposes that are not obscene 3 Athletic games or contests traditionally conducted so as to expose to view any portion of the male breast below the top of the areola (e g boxing ; or wrestling matches) B For purposes of this sec .4 bon an activity is obscene if 1 Taken as a whole by an av erage person applying con ft temporary community stan- I dards to activity appeals to a d prunent interest in sex and 2 The activity depicts patent ly offensive representations as measured against commu nity standards of a Ultimate sexual acts nor- mal or perverted actual or simulated or b Masturbation fellatio cun- nilingus bestiality excretory functions or lewd exhibition of the genitals or genital area or violent or destructive sexual acts including but not limited to human or animal mutilation dismemberment rape or tor ture and _3 __The_actantv_taken_as_a 40 j LEGALS manner on the premises of the adult business 5 26 070 LICENSE - UNLAW- FUL TO ADVERTISE WITH- OUT LICENSE It is unlawful to advertise the services of any adult entertainment busi- ness or adult entertainer that is not licensed according to the provisions of this chapter 5 26 080 LICENSE FEES AND REQUIREMENTS A The fees for each license and renewal of any license re- quired by this chapter shall be as follows Adult Entertainment Business License $1 300 00 Adult Entertainers License $3500 Adult Waitperson License $3500 Adult Business Managers Li- cense $3500 B All persons required to ob- tain or renew licenses under this chapter shall obtain or re- new the same and pay all fees required on or before Decem- ber 31 of the pnor licerse Year Any person who fails to obtain or renew and pay the license fees by December 31 of the pnor license year shall in addi- tion to any other penalties pro- vided in this chapter or the Pasco Municipal Code be as- sessed an amount equal to fifty percent (50%) of the li- cense fee for such year as a penalty for such late applica- tion or payment PROVIDED that this penalty shall not apply to an application submitted by any person who was not previ- ously licensed under this chapter C No license shall be issued or renewed except upon writ ten application made to the city manager in accordance with this chapter A nonrefund able application fee in an amount equal to the license fee for the license sougllt shall accompany the application If the license is granted the ap plication fee shall be credited to payment of the first annual license fee D If the applicant is a partner ship the application must be made and signed by one of the general partners if a cor- poration by one of the officers thereof In addition if the appli- cant is a non-Washington e foreign) corporation partner- ship or non-resident individ- ual it shall be signed by the resident agent or local manag- er of the foreign corporation partnership or individual E Neither the filing of an ongi- nal or renewal application for li- cense nor the payment of any application or renewal fee shall authonze a person to en- gage in ro conduct an adult business until such license has been granted or renewed 5 26 090 LICENSE TERM All licenses issued pursuant to this chapter shall be valid until December 31 of the year for which they are issued and all renewals thereafter shall be for a period of one calendar year commencing January 1 of the year for which the li- cense is issued and expinng December 31 of the same year 5 26 100 LICENSE - PROCE- DURE FOR RENEWING All licenses to be issued pursuant to this chapter shall be re newed by following the same procedure as required for an onginal application 5 26 110 APPLICATION FOR LICENSE - ADULT ENTER TAINMENT BUSINESS A All applications for an adult business license shall be sub milled in the name of the per- son(s) proposing to own and/or operate such adult business signed by the per- sons(s) specified in §5 26 080 and notarized or certified as true under penalty of perjury All applications shall be sub mated on forms supplied by the city manager and shall contain the following infer -ma- ton 1 The name residence ad- dress residence telephone number date and place of birth and social security or tax identification number of each applicant 2 The business name street and mailing address and tele- phone number of the adult business premises 3 The names residence ad- dresses residence telephone numbers social security num- bers and dates of birth of all general partners corporate of- ficers and directors of the ap- plicant(s) 4 Addresses of the applicant and the general partners cor- porate officers and directors of the applicant(s) for the five (5) years immediately pnor to the date of application 5 A detailed descnption and operational plan of the adult business proposed to be con- ducted by the applicant(s) in- cluding but not limited to hours of operation location names and addresses of managers interior furnishings and layout of stage(s) and number of type of employees 6 A descnption of the adult en- tertainment business history of the applicant(s) including the issuing junsdiction and identifi- cation number of any pnor adult entertainment business licenses including whether in previously operating an adult entertainment business in this or another city county or state such person has has an adult entertainment business li- cense revoked or suspended the reason therefor and the activity or occupation subject- 401 LEGALS or similar licenses held by the applicant within the three (3) years immediately preceding 3 Documentation venfying that the applicant has attained the age of eighteen (18) years Any of the following shall be accepted as documentation of age a A valid motor vehicle opera tors license issued by any state beanng the applicant s photograph and date of birth b A valid identification card is sued by any state beanng the applicant s photograph and date of birth c A valid official passport is sued by the United States of America d A valid immigration card is sued by the United States of Amenca e Any other valid picture iden- tification beanng the appli cant's date of birth issued by a state or federal governmental entity <,,4 Two (2) two inch by two- inch black and white pho- tographs of the applicant tak en within six (6) months of the date of the application show- ing only the full face of the ap- plicant The photographs shall be provided at the applicant s expense The license when issued shall have affixed to it one such photograph of the applicant 5 A legible photocopy of a valid food and beverage ser- vice worker's permit as pro- scribed by the Washington State Board of Health issued pursuant to Chapter 69 06 RCW if otherwise required B An application that does not provide all of the information or documents required by this section Is incomplete and shall not be processed until all re quired information is provided 5 26 130 APPLICANT IN VESTIGATION - ADULT EN TERTAINMENT BUSINESS A Upon filing of an application for an adult business license the city manager shall forward copies of the application for the police chief the planning director and building official and 1 Within thirty (30) days of the date of the application for an adult entertainment business license the police chief shall investigate the statements set forth in the application and re- port to the city manager whether the information re ceived by the police chief con firms the information in the ap- plication 2 Within thirty (30) days of the date of an application for an adult entertainment business license the planning director shall inspect the proposed premises of the adult business and report the city manager whether the location of the proposed adult business com- plies with the zoning regula- tions of the Pasco Municipal Code 3 Within thirty (30) days of the date of the application for an adult business license the building official shall inspect the proposed premises of the adult entertainment business and report to the city manager whether the premises com- plies with the fire safety and building code regulations of the Pasco Municipal Code 5 26 140 APPLICANT IN- VESTIGATION MANAGER WAITPERSON AND EN- TERTAINER Upon filing of an application for an adult enter- tainers license adult waitper- son s license or adult business manager's license the city manager shall forward copies of the application to the police chief Within three (3) working days of the date of the applica- tion the police chief shall in vestigate the statements set forth in the application and re port to the city manager whether the information re- ceived by the police chief con- forms the information in the application 5 26 150 APPLICATION AP- PROVAL OR DENIAL -NO- TICE A The city manager shall within seven (7) days after completion of the investigation of an adult entertainment busi- ness license but in no event no more than thirty seven (37) days from the date of receipt of the application issue an adult business license if the city manager finds 1 That the adult entertainment business for which a license is required will be conducted in a building structure and location which complies with the re- quirements and meets the standards of the applicable health zoning building fire and safety laws of the city as well as the requirements of this chapter 2 That the applicant or any of its general partners corporate officers or directors employ- ees agents or managers has not made any false mislead- ing or fraudulent statement of matenal fact in the application for any license or in any report or record required to be filed with the city and 3 That the applicant and all or any of its general partners corporate officers or directors employees agents or man- agers of the applicant have at- tained the age of eighteen (18) years & The city manager shall within three (3) working days after the receipt of an applica ton for an adult business man agers license adult waitper- son s license or an adult enter- tamer's license_taeue.thia_ae.._ 40 11 LEGALS the reasons therefore and shall inform the applicant of his or her nght to appeal to the city council within ten (10) days of the date of the wntten notice by filing a written notice of ap- peal with the city clerk contain ing a statement of the specific reasons for the appeal and a statement of the relief request- ed B Within ten (10) days of re- ceiving a timely appeal the city manager shall forward the administrative record of the li- censing decision to the city clerk C When an applicant has timely appealed the city man agers s licensing decision the city council shall review the ad- ministrative record at the next regularly scheduled meeting for which proper notice can be given Wntten notice of the date and time of the scheduled meeting will be given to the ap- plicant by the city clerk by mail- ing the same postage pre- paid to the applicant at the ad- dress shown on the license application D The applicant and city man- ager shall be given an oppor- tunity to argue the merits of the appeal before the city council Oral argument by each party shall not exceed ten (10) min- utes and shall be limited to the administrative record before the council New evidence shall not be presented by the parties or accepted by the council E The city council shall uphold the city manager s decision unless it finds the decision is not supported by substantial evidence in the administrative record The applicant shall bear the burden of proof F The city council shall issue a wntten decision within ten (10) days of hearing the appeal The council may uphold the city manager's decision and deny the permit overrule the city manager's decision and grant the permit or remand the matter to the city manager for further review and action The city manager shall com- plete further action or review within thirty (30) days of re- ceiving the remand G Either party may seek re- view of a final decision of the city council by commencing an action fore review in the Franklin County Superior Court within ten (10) days of the issue of the city council s wntten decision 5 26 170 EMPLOYEE CON- DUCT STANDARDS AND PROHIBITIONS The follow- ing standards of conduct upon the premises of any adult busi- ness shall be adhered to by employees of any adult enter- tainment business A All adult entertainment shall occur upon a stage at least eighteen inches (18 ) above the immediate floor level and be removed at least six feet (6 ) from the nearest patron B No employee or entertainer shall be unclothed or in less than opaque and complete at- tire costume or clothing so as to expose to view any portion of a specified anatomical area whether or not the specified anatomical area is painted decorated or covered with less than opaque matenal except upon a stage at least eighteen inches (18' ) above the imme- diate floor level and be re- moved at least six feet (6) from the nearest patron C Except as provided in sub sections (A) and (B) of this section no employee or enter tamer shall perform acts of or acts which simulate 1 Adult entertainment 0 2 Specified sexual activities Or 3 The touching caressing or fondling of any specified anatomical area D No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire costume or clothing as de scribed in subsection (B) of this section E No employee or entertainer shall knowingly permit any person upon the premises to engage In-a-specified sexual activity or touch caress or fon- dle any specified anatomical area of any other person F No employee or entertainer shall touch caress or fondle any specified anatomical area of any other person G No employee or entertainer shall wear or use any devise or covenng exposed to view which simulates any portion of a specified anatomical area H No employee or entertainer shall use artificial devices or inanimate objects to depict any specified sexual activity I No entertainer shall be visi- ble from any public place while providing adult entertainment on the premises of such adult business J No entertainer shall solicit demand or receive any pay- ment or gratuity from any pa- tron of any act prohibited by this chapter K No entertainer shall solicit or collect any payment or gratuity directly from any patron nor shall any patron pay or give any gratuity directly to any en- tertainer Nothing in this sec- tion prohibits payment of a gratuity or payment to a mart- ager on behalf of the entertain- er L No waitperson shall while acting as a waitperson pro- vide adult entertainment or be ready ii set Call Classified 86-1 1 Ort-Ctitu r lb ;Clei-diTiOO-tiOn number Of each applicant 2 The business name street and mailing address and tele- phone number of the adult business premises 3 The names residence ad- dresses residence telephone numbers social security num- bers and dates of birth of all general partners corporate of- ficers and directors of the ap- plicant(s) 4 Addresses of the applicant and the general partners cor- porate officers and directors of the applicant(s) for the five (5) years immediately pnor to the date of application 5 A detailed descnption and operational plan of the adult business proposed to be con- ducted by the applicant(s) in cluding but not limited to hours of operation location names and addresses of managers intenor furnishings and layout of stage(s) and number of type of employees 6 A descnphon of the adult en- tertainment business history of the applicant(s) including the issuing junsdiction and identifi- cation number of any pnor adult entertainment business licenses including whether in previously operating an adult entertainment business in this or another city county or state such person has has an adult entertainment business li- cense revoked or suspended the reason therefor and the activity or occupation subject- ed to such action suspension or revocation 7 A descnption of the bust ness occupation or employ- ment of the applicant(s) and the general partners corpo- rate officers and directors of the applicant for the three (3) years immediately preceding the date of application 8 Copies of any ownership documents sale or purchase documents or lease docu- ments pertaining to the pro- posed adult business premis- es sufficient to allow the city to identify everyone with a prop erty interest in the premises 9 Authonzation for the city its agents and employees to see any other relevant information or to confirm any statements set forth in the application B An application that does not provide all of the information or documents required by this section is incomplete and shall not be processed until all re- quired information is provided 5 26 120 APPLICATION FOR LICENSE - MANAGER WAITPERSON OR ENTER TAINER A All applications for an adult entertainment business man ager s license adult waitper- son s license or adult enter- tainer's license shall be signed by the applicant and notanzed or certified as true under penalty of penury All applica- tions shall be submitted on forms supplied by the city manager and shall contain the following information 1 The applicants name resi- dence address residence telephone number date and place of birth social security number and any stage names nicknames or aliases unsed 2 The name and address of each adult entertainment busi- ness at which the applicant in- tends to work as a manager wartperson or entertainer and the issuing junsdiction and identification number of all oth- 425 LOST & FOUND Found 7/19 Black nine male Lhapso A so at Two rivers riding arena in Burbank Recently clipped & wearing choke chain Is at Benton Franklin Humane Society Found Border Collie or Brittany Spaniel or mix female black & white un- der 1 yr vic of Sylvester' & Rd 28 Call 545-9794 Found Dog w/collarl Male Springer mix In W Richland near fire stakonl on 7/18/93 967 5853 within seven (7) days after completion of the investigation of an adult antartainmant busi- ness license but in no event no more than thirty-seven (37) days from the date of receipt of the application issue an adult business license if the city manager finds 1 That the adult entertainment business for which a license is required will be conducted in a building structure and location which complies with the re- quirements and meets the standards of the applicable health zoning building fire and safety laws of the city as well as the requirements of this chapter 2 That the applicant or any of its general partners corporate officers or directors employ- ees agents or managers has not made any false mislead ing or fraudulent statement of material fact in the application for any license or in any report or record required to be filed with the city and 3 That the applicant and all or any of its general partners corporate officers or directors employees agents or man- agers of the applicant have at tamed the age of eighteen (18) years Er The city manager shall within three (3) working days after the receipt of an applica Son for an adult business man- ager s license adult waitper son s license or an adult enter- tainer's license issue the ap- plicable license unless the city manager finds 1 That the applicant has made any false misleading or fraudulent statement of mate- rial fact in the application for any license or in any report or record required to be filed with the city or 2 That the applicant has not attained the age of eighteen (18) years C When a license is issued or denied by the city manager it shall be mailed to the awl, cant postage prepaid to the address shown on the license application 5 26 160 PROCEDURE FOR APPEALING A LICENSE DE NIAL A When the city manager re fuses to grant a license he or she shall notify the applicant in wnting of the same descnbing shall knowingly permit any person upon the premises to engage In-a—specified sexual activity or touch caress or fon- dle any specified anatomical area of any other person F No employee or entertainer shall touch caress or fondle any specified anatomical area of any other person G No employee or entertainer shall wear or use any devise or covering exposed to view which simulates any portion of a specified anatomical area H No employee or entertainer shall use artificial devices or inanimate objects to depict any specified sexual activity I No entertainer shall be vim ble from any public place while providing adult entertainment on the premises of such adult business J No entertainer shall solicit demand or receive any pay ment or gratuity from any pa- tron of any act prohibited by this chapter K No entertainer shall solicit or collect any payment or gratuity directly from any patron nor shall any patron pay or give any gratuity directly to any en tertainer Nothing in this sec ton prohibits payment of a gratuity or payment to a map ager on behalf of the entertain er L No waitperson shall while acting as a waitperson pro vide adult entertainment or be premises of such adult business 5 26 220 EXEMPTIONS A This chapter shall not be construed to prohibit or regu late 1 Plays operas musicals or other dramatic works that are not obscene 2 Classes seminars and lec- tures held for scientific or edu- cational purposes that are not obscene 3 Athletic games or contests traditionally conducted so as to expose to view any portion of the male breast below the top of the areola (e g boxing or wrestling matches) B For purposes of this sec- tion an activity is obscene if 1 Taken as a whole by an av erage person applying con temporary community stan- dards to activity appeals to a prunent interest in sex and 2 The activity depicts patent- ly offensive representations as measured against commu- nity standards of a Ultimate sexual acts nor mal or perverted actual or simulated or b Masturbation fellatio cun nilingus bestiality excretory functions or lewd exhibition of the gsnitals or genital area or violent or destructive sexual acts including but not limited to human or animal mutilation dismemberment rape or tor ture and unclothed or in less than 3 The activity taken as a opaque and complete attire whole lacks serious literary costume or clothing so as to artistic political or scientific val- expose to view any specified ue anatomical area 5 26 230 PENALTIES 5 26 180 CERTAIN CON A Any violation of this chapter DUCT PROHIBITED shall be a gross misde- A It is unlawful for any patrtm mean& and shall be subject of an adult entertainment busi to a fine not to exceed Five ness to enter upon any stage Thousand Dollars ($5 00) or dunng any time an entertainer to imprisonment for a term not is performing to exceed one (1) year or both B It is unlawful for any patron such fine and impnsonment of an adult business to hand Each day or portion thereof pay or give any gratuity or such violation continues or oc payment directly to an enter- curs shall be considered an tamer additional and separate of- C It is unlawful for any enter fense tamer manager or wattperson B Any person violating any of to perform more than one the provisions of this chapter such function at an adult bust shall also be subject to license ness on the same business suspension or revocation' of day set forth in PMC 5 04 110 ID Except as permitted in §2 This ordinance shall take §5 26 170 no person shall effect five (5) days after pas touch caress or fondle any sage and publication Passed by the City Council of the City of Pasco at its regular City Council meeting of July 19 1993 -s- Joyce DeFelice Mayor Attest -s Cathenne D Seaman Deputy City Clerk Approved As To Form -s- Greg A Rubstello City Attomey #1200 7/25/P3 •Free ads apply when selling items $50 or under No commercial advertising Private individuals only 4 Day Run Monday Thl 401 LEGALS Block 1 Owens Addition to the City of Pasco WHEREAS a petition signed by more than two thirds of the owners of the property abutting the alley right of way dedicated to the City of Pasco in Block 1 Owens Addition to the City of Pasco has been submitted to the City Coun oWHEREAS following pub on and tic hearing the City Counci has determined that vaca- tion of the alley is in the public interest but that the continued maintenance of a public utility easement in the alley is appropriate and essential due to the exist- ing sewer line and manhole in the alley and that the City s continued access thereto for maintenance repair and construction must remain unimpaired Now Therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DOES ORDAIN AS FOLLOWS §1 That certain north/ south alley right of way dedicated to the City of Pasco in Block 1 Owens Addition to the City of Pasco according to the plat thereof recorded in the office of the Auditor Franklin County Washing ton and as generally shown in Exht 1 hereto is hereby vacated subject to the easement retained by the City of Pasco de- scribed in §2 hereof §2 The City of Pasco shall retain an easement and the right to exercise and grant easements over under and across the above descibed vacated right-of way for the purpose of the con- struction repair and main- tenance of public utilities andservices which ease- ment shall not be interfered with by the placement of any structure on over or ' across the vacated right of- way without a right-of-way use permit from the City of \ §3 A certified copy of this Pasco ordinance shall be re- corded by the City Clerk in the office of the Auditor of Franklin County §4 This ordinance shall take effect five (5) days after passage and publics- Passed by the City Council tion of the City of Pasco at its regular meeting of July 6 s- Joyce DeFelice Mayor 199 3 ATT ES Cat ID e D Seaman y City Clerk proved As To Form reg A Rubstello City Attorney #1204 - 7/25/93 ,i INANDE NO 2952 AN ,- KIANCE concern ing rutt en c,rtainment businesses and establish \ in new Chapter 5 2 qf the Pasco Municipal Co e 101 LEGALS motes or permits adult means acts of hurnan mastur- ehnotnertoa f iintsmgernetmoinseasny por bation sexual intercourse B Adult entertainment ulabon means any display presen- M Wattperson means any union exhibition perform- person who on any occasion ance or dance of any type greets or waits on patrons or conducted in a business serves food or dnnk within an establishment and involv- adult entertainment business ing a person who- 5 26 030 APPLICATION OF - I is unclothed or in such OTHER PROVISIONS The attire costume or clothing licenses nsquired by this chap as to expose to view any ter are subject to the general I \ specified anatomical area provisions of the Pasco Mu or ‘\ 2 touches caresses or ter 5 04 -Licenses Generally fondles any specified ana- as now or hereafter amended I tomical area of themselves In the event of a conflict be or another person or 3 permits the touching ter 5 04 and this chapter in caressing or fondling of any their application to an adult en of their own specified ana- tertainment business the pro tomical areas - C Business day means the control normal business hours of 5 26 040 LICENSE RE the adult business within a OUIRED ADULT ENTER- twenty-f our hour period TAINMENT BUSINESS D Business establishment A It shall be unlawful for any means any business that person to operate or maintain excludes any person by vit.- an adult entertainment busi tue of age from all or any ness in the city unless the part of the premises and owner or operator thereof has which engages in adult en obtained from the city manag- tiese rtsarnment business on er a license to do so S uatsueicnoheasslin- any portion of the pram caeonusie t esnhtaelrtal bendmeesni E Employee means any license and shall be issued on and all persons including an annual basis This license managers waitpersons is not intended to be exclusive entertainers and indepen of other applicable licenses dent contractors who work I e an arcade license (PMC for or work at or render any 5 64) and the general city services directly related to business license TPMC 5 0 4) the operation of an adult B It is unlawful for any enter entertainment business tamer waitperson employee F Entertainer means any or managerknowingly to per person who on any occa fomi any service or entertain sionprovides adult enter- ment directly related to the op- tainment within an adult en eration of an unlicensed adult t e rt a i n m e nt b u s I n e s s entertainment business whether or not a fee is C It is unlawful for any owner charged or accepted for operator manager or em - such entertainMent andployee of a licensed adult en whether or not the enter- tertainment business know tamer is paid - GpersMo directs administers or is in OUIRED - MANAGER WAIT- charge of the affairs or con- PERSON AND ENTERTAIN duct of any portion of an ER \ adult entertainment bust- A It shall be unlawfu for ness H Operator means any per- work or perform as an enter \ son operating conducting or tamer waltperson or manager , mmaeinnttabiuns iningsreadutt entertain- at an adult entertainment busi I Person means any indivtd tainedfrom the ctty manager a ual partnership corporation license to do so Such license trust tncorporated or unmoor shall be designated an adult porated association marital entertainer's license and \ community joint venture gov- adult waitperson s license or emmenten entity or other enti- as iohntritlasdeultibsuiusiengdeessoontmlaninager's ty or group of persons howev- I er organtzed Yannaung J Public place means any basis area generally visible or open B A person performtng the to the general public and in- function of entertainer wait dudes streets sideWalks person or manager shall have bridges alleys plazas parks a separate license for each driveways parking lots and function Manager a wh o 0 means ana gaensy t5h 12s6c h0a5pot e r automobiles whether moving 5 26 060 LICENSE POST or not K Specified anatomical areas A Every adult entertainer shall means less than completely orpost his or her license sr* his or _ opaquely covered humanher work area so I. is readily genitals public region but- available for inspection by city tpt000cpikmoofim rifhememale breast below a authorities nes .x.., sible for en- male gendals In a discernibly turgid state even if comrlr .4 — in s wadi., — — -, a n- or opaquely covered iitager shall,post, fin or Specificed sexual activities a conspicuous nd immediately aobrohvuemthaen forcerne,r , s -ipter ,Z13. sodomy bestiality or oral coP- tal LEGALS niciPal Code set forth in Chap - tween the provisions of Chap - visions of this chapter shall ingly to permit any violation of person on any occasion to ' ness without having first ob- INC AND DISPLAY C 1 c , LICENSE RE I gt business , dult - l any un- , ' 401 -LEGALS THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DOES ORDAIN AS FOLLOWS §1 New Chapter 5 26 title Adult Entertainment Busi- ness Licenses is hereby added to the Pasco Munict-pal Code which chapter shall read as follows CHAPTER 526 ADULT ENTERTAINMENT BUSINESS LICENSES Sections 5 26 010 Purpose 5 26 020 Definitions 5 26 030 Application of other provisions 5 26 040 License required - Adult entertainment bu5t- 5 26 050 License required ness - Manager waitperson and 5 26 060 License Posting entertain er and display 5 26 070 License - Unlaw f ul to advertise without Ii- 5 26 080 License - Fees CenSe and requirements 5 26 090 License Term 5 26 100 License - Proce- dure for renewtng 5 26 110 Application for li- cense - Adult entertarn- ment business 5 26 120 Application for li- cense Manager wanper son and entertainer 5 2& 130 Applicant inves- tigation Adult entertain ment business 5 26 140 Applicant inves tigation - INanager vvaitper- son and er,tertainer 5 26 150 Application AP proval or dental - Notice 5 2e 160 Procedure for ap pealing a license denial 5 26 170 Employee con- duct Standards and pro- 5 26 180 Certain conduct hibitions prohibited 5 26 190 Premises requirem ents 5 26 200 Manager on premises required - Duties 5 26 210 Age restrictions 5 26 220 Exemptions 5 26 230 Penalties 5 26 010 PURPOSE This chapter is intended to reg ulate adult businesses in the City of Pasco consis- tent with state and federal statutory law and constitu- tional requirements It is not the purpose of this chapter to discriminate or allow any other improper or unlawful action to prohibit or restrict adult entertain- ment businesses 5 26 020 DEFINITIONS Except as otherwise ex- pressly declared or clearly apparent from the context in which used the following definitions shall be applied in construing the provisions of this chapter A Adult entertainment business means any of the following businesses Any business establishment in- cluding without limitation any theater cabaret dance or modeling studio play houe or club that en gagers in provides pro ir401ri iIiIII IIIIIIIIIIIIHHIJIIJIIJIv hIvII July 20, 1993 Af. FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 2951, 2952, and 2953 on the following date July 25, 1993 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included