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