HomeMy WebLinkAbout3262 OrdinanceORDINANCE NO.3 ,G
AN ORDINANCE relating to business licenses and amending
PMC Title 5 dealing with the licensing of Adult Entertainment
Facilities within the City of Pasco
WHEREAS, cities have the responsibility to regulate an d
control the physical development within their borders and insure
that the public health, safety and welfare are maintained, and,
WHEREAS, on November 18, 1996 the Pasco City Council
established, by Ordinance, a moratorium on the issuance of licenses
or permits for the operation or construction of Adult Entertainment
Facilities, and,
WHEREAS, following the conduct of a hearing on December 12,
1996, the City Council adopted findings and approved Ordinance No
3202 continuing the imposition of the Adult Entertainment Facility
moratorium for one year, and,
WHEREAS, the City Council instructed the Planning
Commission and Planning Staff to consider, draft and bring forth
recommended adult entertainment regulations and comprehensive
plan language for consideration by the City Council
WHEREAS, the Planning Commission conducted three public
hearings and six public workshops during the year to receive public
testimony, review reports and studies, to receive reports from the
planning staff and to develop recommendations for City Council
consideration, and,
WHEREAS, the City of Pasco is an optional municipal code
city under the Constitution and statutes of the State of Washington,
its population as of April 1, 1997, is approximately 25,300, 3 7
percent of which ( according to the 1990 Census) are under the age
of 20, and,
WHEREAS, as of April 1, 1997 the City occupied an area of
approximately 28 square miles and within its boundaries there are
approximately 8,000 dwelling units, and,
WHEREAS, approximately 45 percent of the land area within
the City is zoned for general commercial and industrial uses while
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the balance of the land is predominately zoned for residential
purposes, and,
WHEREAS, the City is a family-oriented residential
community and employment center with attendant community
standards, and,
WHEREAS, there are currently no licensed adult
entertainment facilities located within the City, although several
convenience stores and video rental businesses carry sexually-
oriented videos and magazines comprising less than 15 percent of
the total stock-in-trade of each such establishment, and,
WHEREAS, municipalities throughout the United States have
found it necessary for the protection of the public health, safety and
general welfare to restrict the location of adult entertainment
facilities, and
WHEREAS, the City Council seeks to reduce and mitigate the
deleterious effects of adult entertainment facilities while preserving
constitutionally protected forms of expression, and,
WHEREAS, the City Council takes notice of and relies upon
experiences of and studies conducted by other cities, counties and
organizations in attempting to combat the specific adverse impacts of
adult entertainment facilities, and,
WHEREAS, the City Council finds that adult entertainment
facilities area associated with increased rates of crime and unduly
impact law enforcement resources, and
WHEREAS, the City Council finds that adult entertainment
facilities have a negative impact on residential and commercial
property values, and,
WHEREAS, the City Council finds that the location of adult
entertainment facilities can contribute to neighborhood deterioration
and blight through an increase in crime and diminution in property
values, among other adverse consequences, and finds that such
effects are detrimental to health, safety, and the general welfare of
the City, and,
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WHEREAS, the law enforcement resources available for
responding to problems or secondary impacts associated with or
created by adult entertainment facilities are limited and are best
utilized by regulating the location of adult entertainment facilities,
and,
WHEREAS, the City Council finds a compelling need to
protect all citizens, but especially minors, from criminal and unlawful
activities associated with adult entertainment facilities, and,
WHEREAS, the evidence supporting the need to protect
minors from the criminal and other unlawful activities associated
with the operation of adult entertainment facilities is compelling,
and, the provisions of this ordinance are therefore necessary, and,
WHEREAS, the City Council recognizes that important and
substantial government interests provide a constitutional basis for
reasonable regulation of certain operational aspects of adult
entertainment facilities within the City, and,
WHEREAS, based on studies, other written information and
materials and public testimony presented on the subject of adult
entertainment at the Planning Commission and the City Council, the
City Council concurs with the Planning Commission and has
determined that there are deleterious secondary effects associated
with adult entertainment facilities that can be minimized through the
adoption of specific licensing requirements that are specifically and
narrowly tailored to alleviate these harmful effects, and,
WHEREAS, based upon the studies, other written materials
and information, and public testimony received by the Planning
Commission and City Council ("the record"), and the recommendations
of the Planning Commission, the City Council finds the adoption of
licensing regulations for adult entertainment facilities to b e
necessary to protect the health, safety, and general welfare of the
City, and to preserve and protect the quality of its neighborhoods,
and to preserve and protect residential and commercial land use
values, and mitigate the impact on law enforcement resources, and,
WHEREAS, the signage for adult entertainment facilities will
have direct exposure to minors and should be specifically regulated
to prevent the secondary impacts of adult entertainment facilities
identified in the findings set forth herein, and,
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WHEREAS, based upon evidence studies and public
testimony the Planning Commission with assistance from staff
developed a recommendation for the licensing and operational
requirements for adult entertainment facilities The City Council has
accepted those recommendations and have determined that said
recommendations recognize the constitutional right of all legitimate
businesses to function while reasonably regulating certain
operational aspects of adult entertainment facilities within the City in
order to reduce the unacceptable adverse secondary impacts
associated with adult entertainment facilities and to further the
health safety and general welfare of the City, and, NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That PMC Chapter 5 26 "Adult Entertainment
Business Licenses" be and the same is hereby repealed in its entirety
Section 2. That PMC Chapter 5 64 "Arcades-Places of
Amusement" be and the same is hereby repealed in its entirety
Section 3. That a new PMC chapter 5 27 be and the same is
hereby enacted to read as follows
CHAPTER 527
ADULT ENTERTAINMENT FACILITY LICENSES
Sections,
5 27 010
5 27 020
5 27 030
5 27 040
5 27 050
5 27 060
5 27 070
5 27 080
5 27 090
5 27 100
5 27 110
5 27 120
Purpose
Scope
Findings
Definitions
Nuisance
Activities not prohibited
Application of other provisions
Licensed required - adult entertainment facility
Licensed required - manager, waitperson and entertainer
License - unlawful to advertise without license
License - fees and requirements
License - term
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5 27 130 License - Procedure for renewing
5 27 140 Application for license adult entertainment business
5 27 150 Application for license manager, waitperson and
entertainer
5 27 160 Applicant investigation adult entertainment facility
5 27 170 Applicant investigation manager, waitperson and
entertainer
5 27 180 Application - approval or denial - Notice
5 27 190 Suspension of License
5 27 200 Revocation of License
5 27 210 Procedure for appealing a license denial or revocation
5 27 220 Inspections and Public health and safety suspensions
5 27 230 Recordkeeping & monthly requirements
5 27 240 Regulations applicable to all adult entertainment
facilities
5 27 250 Regulations specifically applicable to adult cabarets
5 27 260 Regulations specifically applicable to adult arcades
5 27 270 Penalties
5 27 010 PURPOSE It is the intended purpose of this chapter
to recognize the importance and benefits of freedom of expression to
a democratic society Experience has shown, however, that adult
entertainment facilities, as defined herein, are detrimental to the
public health, safety and welfare Adult entertainment facilities are
historically linked with organized crime, prostitution, narcotics, and
other unlawful and criminal activity These activities often lead to
the development of public nuisances, including moral nuisances
Therefore, the licensing and operation of adult entertainment
facilities should be regulated and monitored through the system of
licensing and operating regulations contained in this chapter
5 27 020 SCOPE This chapter governs the licensing and
operation of all adult entertainment facilities within the City The
location and siting of adult entertainment facilities is governed b y
the zoning regulations contained in Title 22 of the Pasco Municipal
Code All adult entertainment facilities shall satisfy the
requirements of both this chapter and Title 22 of the Pasco Municipal
Code
5 27 030 Findings Based on the record before the Planning
Commission and City Council, the City Council finds that with respect
to adult entertainment facilities
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a) The City Council may rely on the experiences and studies
of other cities, counties and organizations in assessing the need
for establishing regulations applicable to adult entertainment
facilities
b) Many cities, counties and organizations have documented
the following non-exhaustive list of secondary land use
impacts associated with adult entertainment uses and
facilities,
1) Impacts related to crime
a) higher incidents of prostitution and lewd acts,
b) increases in crimes against the person such as rape,
indecent liberties and exploitation of minors,
c) increase in drug usage and sale of controlled
substances,
d) increases in property crimes such as theft and
robberies,
e) increased demand for police resources, thereby
reducing police services to other areas of the City
2) Impacts related to property value
a) adult entertainment facilities have a negative
impact on property values especially residential
values
b) adult entertainment facilities can adversely imp act
business investment in a neighborhood,
c) adult entertainment facilities cause "blight" and are
responsible for the creation of a skid-row effect,
Impacts related to the quality of life/neighborhood
degradation
a) the City's image can be marred by the location of adult
entertainment facilities in it This then imp acts
other aspects of the community,
b) residents or shoppers in the City will move or shop
elsewhere if adult entertainment facilities are
permitted to locate in close proximity to residential
uses, churches, parks, schools and other public
facilities
c) adult entertainment facilities attract transients,
increase crime and devalue property,
3 )
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d) patrons of adult entertainment facilities are less
likely to uphold or respect community standards,
e) effects of blighting from adult entertainment
facilities are experienced by both residential and
business neighborhoods,
0 location of adult entertainment facilities reduces
retail trade to adjoining commercial uses reducing
tax revenues to the City,
g) adult entertainment facilities operate late at night
creating late night impacts of traffic and noise that
are incompatible with residential uses,
h) the location of adult entertainment facilities within
walking distance of churches or other religious
facilities have adverse effects upon the ministry of
such facilities and will discourage attendance at
such churches
Impacts Related To Children:
a) exposure and visibility of adult entertainment
facilities to school-age children is detrimental to the
quality of residential life,
b) adult entertainment facilities adversely affect the
orientation of a neighborhood,
c) exposure to adult entertainment facilities often
create conflicts with the moral and ethical
standards parents desire to instill in children,
d) the location of adult entertainment facilities on
main commercial thoroughfares of the City gives a n
impression of legitimacy to, and causes a loss of
sensitivity to the adverse effects of pornography
upon children, established family relations, respect
for marital relationship and the concept of non-
aggressive consensual sexual relations
Additional Adverse Secondary Impacts
a) adult entertainment facilities can have a negative
impact on public health due to the danger of
sexually transmitted diseases,
b) adult entertainment facilities in close proximity to
residential uses, churches, parks, schools and other
public facilities will cause a degradation of the
community standard of morality, because
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pornographic material has a degrading effect upon
the relationship between spouses,
c) adult entertainment facilities are inconsistent uses
in or near residential neighborhoods because of the
negative impacts of increased crime, lowered
property values, exposure to children, and the
degrading and blighting influence on a
neighborhood which lowers the quality of life for
residents
5 27 040 DEFINITIONS Except as otherwise expressly
declared or clearly apparent from the context in which used, the
following definitions shall be applied to this chapter
1) "Adult arcade" means a commercial establishment
containing individual viewing areas or booths, where for
any form of consideration, including a membership fee,
one or more still or motion picture projectors, slide
projectors, or other similar image producing machines are
used to show films, motion pictures, video cassettes,
slides, or other visual or sensory representations that are
distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating
any specified sexual activities or any specified anatomical
areas
2 )
"Adult cabaret" means a nightclub, bar, restaurant,
tavern, or similar commercial establishment, whether or
not alcoholic beverages are served, that regularly
features adult entertainment
3) "Adult entertainment" means
a) Any exhibition, performance or dance conducted in a n
adult entertainment facility where such exhibition, performance Or
dance is distinguished or characterized by a predominant emphasis
on matters depicting, describing, or simulating any specified sexual
activities or any specified anatomical areas, or
b) Any exhibition, performance, or dance intended to
sexually stimulate any patron and any conduct in an adult
entertainment facility where such exhibition, performance or dance
is performed for, arranged with, or engaged in with fewer than all
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patrons in the adult entertainment facility at that time, with
separate consideration paid, either directly or indirectly, for such
performance, exhibition or dance For purposes of example and not
limitation, such exhibitions, performances, or dances are commonly
referred as table dancing, couch dancing, taxi dancing, lap dancing,
private dancing, or straddle dancing
c) Any exhibition, performance, display, dance, presentation,
or dance of any type conducted in an adult entertainment facility
and involving a person who is unclothed or in such attire, costume,
or clothing as to expose to view any specified anatomical area, or
who touches, caresses or fondles any specified anatomical area of
themselves or other persons, or permits touching, caressing or
fondling of any of their own specified anatomical areas
4) "Adult entertainment facility business license" means a
license issued by the City Clerk under this chapter to the owner or
operator of an adult entertainment facility
5) "Adult entertainment facility" means a commercial
establishment defined herein as an adult arcade, adult cabaret, adult
motel, adult motion picture theater, adult retail establishment, adult
nude photography shop, body painting shop, or other adult
entertainment facility
6) "Adult motel" means a hotel, motel, or similar commercial
establishment which
a) Offers sleeping accommodations to the public for
any form of consideration and provides patrons
with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other
visual or sensory representations that are
distinguished or characterized by a predominant
emphasis on matters depicting, describing, or
simulating any specified sexual activities or any
specified anatomical areas, and that has a sign
visible from a public right-of-way that advertises
the availability of such sexually-oriented materials,
or
b) Offers a sleeping room for rent for a period of time
that is less than ten (10) hours, or
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c) Allows a tenant or occupant of a sleeping room to
sub-rent the room for a period of time that is less
than ten (10) hours
7) "Adult mini motion picture theater" means a commercial
establishment with a capacity for less than fifty persons, where for any
form of consideration motion pictures, films, video cassettes, slides or
similar visual or sensory representations are shown that are distinguished
or charactenzed by an emphasis on matters depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas"
8) "Adult motion picture theater" means a commercial
establishment or drive-in theater, where, for any form of
consideration, motion pictures, films, video cassettes, slides, or
other similar visual or sensory representations are regularly
shown that are distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any
specified sexual activities or any specified anatomical areas
9) "Adult nude photography shop" means a commercial
establishment used for the business of allowing customers to photograph
any "specified anatomical areas" of a person or persons, or for the
customer to be so photographed with or without other persons
10) "Adult retail establishment" means a commercial
establishment such as a bookstore, video store, or novelty shop in
which any one or more of the following constitute more than 20% of
the establishment's stock-in-trade, for sale or rent, for any form of
consideration
a) Books, magazines, periodicals or other printed materials,
or photographs, films, motion, pictures, video cassettes,
slides, or other visual or sensory representations that are
distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating
any specified sexual activities or any specified anatomical
areas, or
Instruments, devices, or paraphernalia designed for use
in connection with any specified sexual activities
b )
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11) "Applicant" means a person or persons applying for a
license under this chapter
12) "City" means the City of Pasco, Washington
13) "Body painting shop" means a commercial establishment used
for the business of allowing customers to paint the body of a person or
persons, or to allow the customer's body to be painted
14) "Business day" means the normal business hours of the
adult business within a twenty-four hour period
15) "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
16) "Employee" means any and all persons, including
managers, waitperson's, entertainers and independent contractors,
who work for or work at or render any services directly related to
the operation of an adult entertainment business, whether or not
such person is paid compensation by the owner or operator of the
adult entertainment facility
17) "Entertainer" means any person who provides live adult
entertainment in an adult entertainment facility during which the
person exposes any specified anatomical areas or performs any
specified sexual activities, whether or not the person is an employee
of the adult entertainment facility, and whether or not a fee is
charged or accepted for such entertainment
18) "Entertainer's license" means a license issued by the City
Clerk under this chapter to an entertainer in an adult entertainment
facility
19) "Licensee" means a person or persons in whose name a
license to operate an adult entertainment facility has been issued
under this chapter, as well as the individual listed as an applicant on
the application for a license, and in the case of a manager, assistant
manager or entertainer, a person in whose name a license has been
issued authorizing employment or entertainment in an adult
entertainment facility,
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21) "Manager" means any person who manages, directs, or
administers the affairs or conduct of a portion of the activity within
an adult entertainment facility, including assistant managers
working with or under the direction of a manager to carry out such
purposes
22) "Manager's license" means a license issued by the City
Clerk under this chapter to a manager or assistant manager of an
adult entertainment facility
23) "Nude" means the appearance of less than complete and
opaque covering of the human anus, human male genitals, human
female genitals, or the areola or nipple of the human female breast
The opaque covering shall be made of material or fabric but shall
not include any liquid substance, including mud, water, lotion,
whipping cream, or other similar substances that are easily broken
down or removed and do not offer the covering intended for a n
opaque covering
24) "Other adult entertainment facility" means any
commercial establishment not defined herein where adult
entertainment or sexually oriented materials is regularly conducted,
displayed, or available in any form, for any type of consideration
and which represents more than 20% of the businesses' stock-in
trade Provided, however, that a public library and a school,
university, or similar educational or scientific facility shall not b e
considered an adult entertainment facility In addition, a
commercial establishment that offers access to telecommunications
networks as its principal business purpose shall not be considered
an adult entertainment facility unless the access is provided for the
primary purpose of displaying or presenting materials or visual or
sensory images that are distinguished or characterized by a
predominant emphasis on matters depicting, describing, or
simulating any specified sexual activities or any specified
anatomical areas
25) "Owner-Operator" means any person operating,
conducting or maintaining an adult entertainment facility
26) "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
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2 7 ) "Public place" means any area generally visible or open to
the general public and includes streets, sidewalks, bridges, alleys,
plazas, parks, driveways, parking lots, and automobiles whether
moving or stationary
2 8 ) "Sexually-oriented materials" means any books,
magazines, periodicals or other printed materials, or any
photographs, films, motion pictures, video cassettes, slides, or other
visual or sensory representations that are distinguished or
characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any
specified anatomical areas The term "sexually oriented materials"
includes any instruments, devices, or paraphernalia designed for use
in connection with any specified sexual activities
2 9 ) "Significant interest" means principal responsibility for
management or operation of an adult entertainment facility
3 0 ) "Specified anatomical areas" means and includes any of
the following
a) The human male genitals in a discernibly turgid state,
even if completely and opaquely covered, or
b )
Less than completely and opaquely covered human
genitals, pubic region, anus, buttocks, or female breast
below the top of the areola
3 1) "Specified criminal offense" means an offense for
prostitution or promotion of prostitution, sale or distribution of
obscenity, sale or display of materials harmful to minors, public
lewdness, indecent exposure, or transactions involving controlled
substances (as that term is defined in Chapter 69 50 RCW) for
which
a) Less than two years have elapsed since the date of
conviction or the date of release from confinement
imposed for the conviction, whichever is later, if the
conviction is of a misdemeanor offense, or
b) Less than five years have elapsed since the date of
conviction or the date of release from confinement
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imposed for the conviction, whichever is later, if the
conviction is of a felony offense, or
c) Less than five years have elapsed since the date of
conviction of the date of release from confinement
imposed for the last conviction, whichever is later, if the
convictions are of two or more misdemeanor offense
occurring within a twenty-four month period
3 2 ) "Specified sexual activities" means and includes any of
the following
a) Act of human masturbation, actual or simulated,
b) Sex acts, normal or perverted, actual or simulated,
including sexual intercourse, oral copulation, or sodomy,
c) Caressing, fondling, or other erotic touching of hum an
genitals, pubic region, anus, buttocks, or female breast,
d )
Human genitals in a state of sexual stimulation or arousal,
or
e) Excretory functions as part of, or in connection with, any
of the sexual activities specified in this definition
33) "Stock-in-Trade" means all books, magazines, posters, pictures,
periodicals, other printed material, items, products, equipment, pre-
recorded video tapes, discs or other similar materials readily available for
purchase, rental, viewing or use by patrons of the establishment excluding
material located in any storeroom or other portion of the premises not
regularly open to patrons
34) "Viewing Booth" means the area where a patron or
customer would be positioned while watching a film, motion picture,
video, photographic reproduction, or other visual or sensory
representations or reproductions
3 5 ) "Waitperson" means any person who on occasion greets
or waits on persons or serves food or drink within an adult
entertainment business
5 27 050 NUISANCES
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a) Moral Nuisance Any adult entertainment facility
operated, conducted, or maintained contrary to the provisions of
Chapter 7 48A RCW shall be deemed a moral nuisance, and all
remedies given by law for the prevention and abatement of moral
nuisances shall apply regardless of any other remedy
b) Public Nuisance Any adult entertainment facility
operated, conducted, or maintained in violation of this chapter or
any law of the City of Pasco shall be deemed a public nuisance, and
all remedies given by law for the prevention and abatement of
public nuisances shall apply regardless of any other remedy
5 27 060 Activities Not Prohibited
a) This chapter shall not be construed to restrict or prohibit
the following activities or products (a) plays, operas, musicals or
other dramatic works that are not obscene, (b) classes, seminars, or
lectures conducted for a serious scientific or educational purpose
that are not obscene, (c) exhibitions, performances, expressions or
dances that are not obscene, and (d) breast feeding of infant
children
b) These exemptions shall not apply to the specified sexual
activities defined in PMC 5 27 040 (32) or the sexual conduct
described in RCW 7 48 010(2) (b) (ii) and (iii)
c) Whether or not activity is obscene shall be judged b y
consideration of the following factors
1) Whether the average person, applying contemporary
community standards, would find that the activity taken
as a whole appeals to the prurient interest in sex, and
2 )
Whether the activity depicts or describes in a patently
offensive way, as measured against community
standards, sexual conduct as described in RCW7 48A 010
(2) (b), and
3 )
Whether the activity taken as a whole lacks serious
literary, artistic, political or scientific value
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5 27 070 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 License Generally, a s
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 facility, the provisions of this chapter shall
control
5 27 080 LICENSE REQUIRED—ADULT ENTERTAINMENT
FACILITY
a) It shall be unlawful for any person to operate or maintain
an adult entertainment facility 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 facility
business license" and shall be issued on an annual basis This
license is not intended to be exclusive of other applicable licenses,
and the general City business license requirements of Chapter 5 04
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 facility
c) It is unlawful for any owner, operator, manager, or
employee of a licensed adult entertainment facility, knowingly to
permit any violation of this chapter
5 27 090 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 facility 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
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5 27 100 LICENSE-UNLAWFUL TO ADVERTISE WITHOUT
LICENSE It is unlawful to advertise the services of any adult
entertainment facility or adult entertainer that is not licensed
according to the provisions of this chapter
5 27 110 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 Facility Business License $700 00
Adult Entertainer' s License $150 00
Adult Waitperson's License $150 00
Adult Business Manager's License $150 00
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 b y
December 31 of the prior license year shall, in addition to any other
penalties provide in this chapter or the Pasco Municipal Code, b e
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 All applications for a business licenses shall b e
accompanied with a nonrefundable application fee in an amount
equal to the license fee for the license sought 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 b e
made and signed by one of the general partners, if a corporation, b y
one of the officers thereof In addition, if the applicant is a non-
Washington (i e, foreign) corporation, partnership, or non-resident
individual, it shall be signed by the resident agent or local manager
of the foreign corporation, partnership or individual
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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 27 120 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
5 27 130 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
5 27 140 APPLICATION FOR LICENSE OF AN ADULT
ENTERTAINMENT FACILITY
a) All applications for an adult entertainment facility
business license shall be submitted in the name of the person(s)
proposing to own and/or operate such adult entertainment facility,
signed by the person(s) specified in Section 5 27 110 (D), 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 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, telephone
number and legal description of the adult entertainment facility
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)
year immediately prior to the date of application
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5) A detailed description and operational plan of the adult
entertainment facility 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),
drawn to scale and number and type of employees
6) A description of the adult entertainment facility history
of the applicant(s), including the issuing jurisdiction and
identification number of any prior adult entertainment business
license, including whether, in previously operating an adult
entertainment facility whether, as a partner in a partnership, or an
officer, director, or principal stockholder of a corporation in this or
another city, county or state, such person has had an adult
entertainment facility business license revoked or suspended, the
reason therefore, and the activity or occupation subjected to such
action, suspended 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 ) Two (2) two-inch by two-inch color photographs of the
applicant, taken within six (6) months of the date of the application,
showing the full face of the applicant The photographs shall b e
provided at the expense of the applicant
9) A complete set of fingerprints of the applicant, taken by a
designated City official, on a form adopted and approved by the City
of Pasco Police Department
10) Copies of any ownership documents, sale or purchase
documents, or lease documents, pertaining to the proposed adult
entertainment facility sufficient to allow the City to identify
everyone with a property interest in the premises
11) A statement whether the applicant has been convicted of
a specified criminal offense, and if so, the date, place, and
jurisdiction of each specified criminal offense
12) If any person or entity acquires, subsequent to the
issuance of an adult entertainment business license, a significant
interest in the licensed adult entertainment facility, notice of such
19
acquisition shall be provided in writing to the City Manager within
twenty-one (21) calendar days following such acquisition and the
person acquiring the interest shall submit a complete application to
the City Manager pursuant to PMC 5 27 140 within forty-five (45)
calendar days of acquiring such interest
13 ) Authorization for the City, its agents and employees, to
seek any other relevant information or to confirm any statements
set forth in the application
14) 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 27 150 APPLICATION FOR LICENSE - MANAGER,
WAITPERSON OR ENTERTAINER
a) All applications for an adult entertainment facility
manager's license, adult waitperson's license, or adult entertainer' s
license shall be signed by the applicant and notarized as true under
penalty of perjury All applications shall be submitted to 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
facility 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 A copy of a birth certificate along
with any one of the following shall be accepted as documentation of
age
a) A valid identification card issued by any state
bearing the applicant's photograph and date of birth
20
b) A valid official passport issued by the United States of
America
c) A valid immigration card issued by the United States
of America
d) 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 color 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 have affixed to it one such photograph of the applicant
5) A complete set of fingerprints of the applicant, taken b y
a designated City official, on a form adopted and approved by the
City of Pasco Police Department
6) A statement whether the applicant has been convicted of
a specified criminal offense, and if so, the date, place, and
jurisdiction of each specified criminal offense
7) A statement whether the applicant holds any license
issued under this chapter or under a similar ordinance from another
city or county, and if so, the operating names and locations of the a t
which the applicant is licensed
8) A statement whether the applicant has had a previous
license issued under this chapter denied, suspended, or revoked,
and if so, the name and location of the adult entertainment facility
for which the license was denied, suspended, or revoked, as well as
the date of the denial, suspension, or revocation
9) Authorization for the City, its agents, and employees to
seek any other relevant information to confirm any statments or
information set forth in the application
1 0) Applicants for a waitperson's license shall submit a
legible photocopy of a valid food and beverage service worker' s
permit, prescribed by the Washington State Board of Health, issued
pursuant to Chapter 69 06 RCW, if otherwise required
21
11 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 27 160 APPLICANT INVESTIGATION ADULT
ENTERTAINMENT FACILITY
a) Upon filing of an application for an adult entertainment
facility business license, the City Manager shall forward copies of
the application for review by the Police Chief, the City Planner, and
Building Inspector, and
1) Within thirty (30) days of the date of the application for an
adult entertainment facility 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 facility business license, the City Planner
shall inspect the proposed premises of the adult entertainment
facility and report to the City Manager whether the location of the
proposed adult entertainment facility complies with the zoning
regulations of the Pasco Municipal Code
3) Within thirty (30) days of the date of the application for
an adult entertainment facility business license, the Building
Inspector shall inspect the proposed premises of the adult
entertainment facility and report to the City Manager whether the
premises complies with the fire, safety and building code
regulations of the Pasco Municipal Code
4) Within thirty (30) days of the date of the application for
an adult entertainment facility business license, the City Planner
and Building Inspector shall inspect the interior layout, lighting,
signage, and other features of the premises and report to the City
Manager whether the premises complies with the provisions of this
Chapter
5 27 170 APPLICANT INVESTIGATION - MANAGER, WAIT
PERSON AND ENTERTAINER Upon filing of an application for a n
adult entertainer's license, adult waitperson' s license or adult
22
entertainment facility 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 confirms the information in the application
5 27 180 APPLICATION - APPROVAL OR DENIAL - NOTICE
a) The City Manager shall, within seven (7) days after
completion of the investigation of an adult entertainment facility
business license, but in no event no more than thirty-seven (37)
days from the date of receipt of the application, issue an adult
entertainment facility business license if the City Manager finds
1) That the adult entertainment facility 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, business licensing and
safety laws of the City, as was 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 licensee 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 obtained the age of eighteen (18) years
b) The City Manager shall, within five (5) working days
after the receipt of an application for an adult entertainment facility
manager's license, adult waitperson' s license or an adult
entertainer's license, issue a temporary license pending the
completion of an investigation
c) The City Manager shall, within seven (7) days after
completion of the investigation of an adult entertainment facility
manager's license, adult waitperson' s license or and adult
entertainer's license, but not more than thirty-seven (37) days from
23
the date of receipt of the application, issue a license if the City
Manager finds
1) That the applicant 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,
or
2) That the applicant has attained the age of eighteen (1 8)
years
d) 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
e) 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
f) 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 a t
the address shown on the license application
g) 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 part shall not exceed ten (1 0 )
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 City Council
h) 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
i) 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's for further review and action The City Manager
24
shall complete further action or review within thirty (30) days of
receiving the remand
.l) Either party may seek review of a final decision of the
City Council by commencing an action for review in the Franklin
County Superior Court within ten (10) days of the issue of the City
Council's written decision
5 27 190 SUSPENSION OF LICENSE The City Manager shall
suspend a license for a period of not to exceed thirty (30) calendar
days if the Manager determines that
1) The licensee has refused to allow an inspection of the
adult entertainment facility as required by PMC 5 27 210, or
2) The licenses has not submitted a timely monthly report
as required by PMC 5 27 220, or
3) The licensee has been convicted of a specified criminal
offense, as defined in PMC 5 27 040(31), committed on the premises
of the adult entertainment facility for which he or she is licensed, or
4) The licensee has violated any applicable requirement of
this chapter
5 27 200 REVOCATION OF LICENSE
1) The City Manager shall revoke a license if
a) A licensee has given false information in the material
submitted during the application process, or
b) A licensee has knowingly operated an adult
entertainment facility during a period of time when the
adult entertainment business license of the adult
entertainment facility was suspended, or
c) A licensee has knowingly acted as a manager of an adult
entertainment facility during a period of time when the
licensee's manager's license was suspended, or
25
d) A licensee has knowingly acted as an entertainer at an
adult entertainment facility during a period of time when
the licensee's entertainer's license was suspended, or
2) In the event the City Manager revokes a license, the
revocation shall continue for one year, and the licensee
shall not be issued an adult entertainment facility
business license, manager's license, wait person, or
entertainer's license for one year from the date the
revocation becomes effective If, after revocation, the
City Manager finds that the basis for the revocation has
been corrected or abated, the applicant may be granted a
license if at least ninety (90) calendar days have elapsed
since the date of revocation became effective
3 )
If a licensee submits a timely appeal of a decision to
revoke a license, the licensee may continue to engage in
the activity for which the license was issued pending the
decision by the City Council or Superior Court, unless the
license was suspended or revoked based on conditions or
activities that make the facility immediately dangerous to
life, limb, property or safety of the public as determined
by the procedures established in PMC Chapter 16 20
5 27 210 PROCEDURE FOR APPEALING A LICENSE DENIAL (1
REVOCATION
a) When the City Manager refuses to grant a license, or revokes
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, according to the appeal procedures in PMC
5 26 170, to the City Council within ten (10) days of the date of the
written notice 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
5 27 220 INSPECTIONS AND PUBLIC HEALTH AND SAFETY
SUSPENSIONS
a) An applicant or licensee shall permit representatives of
the police department, health department, and other state and local
government agencies to inspect the premises of the adult
entertainment facility, at any time the adult entertainment facility
26
is open for business, for the purpose of insuring compliance with
all applicable statutes, codes, ordinances, regulations, and laws
b) Where a condition exists upon the premises of a adult
entertainment facility that constitutes a immediate danger to life
limb, property or safety of the public, the City may immediately
suspend any license issued under this chapter by issuing a notice
setting forth the facts that constitute a immediate danger of life
limb, property or safety of the public, and informing the licensee of
the right to appeal the suspension to the City Council under the
appeal provisions set forth in section 5 26 180
5 27 230 RECORDKEEPING REQUIREMENTS AND MONTHLY
REPORTS
a) Each adult entertainment facility licensed under this
chapter shall remain and retain for a period of two (2)
years from the date of termination of employment, the
names, addresses, and ages of all persons employed or
otherwise retained as managers and entertainers
b) Each adult entertainment facility licensed under this
chapter shall file a monthly report with the City Clerk
including the names, addresses, and ages of all persons
employed or otherwise retained as managers and
entertainers
5 27 240 REGULATIONS APPLICABLE TO ALL ADULT
ENTERTAINMENT FACILITIES All adult entertainment facilities
shall comply with the following regulations
a) Manager on Premises A licensed manager shall be on
duty at an adult entertainment facility at all times the
adult entertainment facility is open for business The
manager shall be stationed at a location within the adult
entertainment facility where he or she shall have an
unobstructed view of all public portions of the adult
entertainment facility The name of the manager on duty
shall be prominently posted during business hours
1 )
Upon request, the manager shall provide a roster of all
adult entertainers and waitperson's on duty or working
during a specified business day
27
2) 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 facility
(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
b )
Hours of Operation It is unlawful for an adult
entertainment facility, except adult motels, to b e
conducted, operated, or otherwise open to the public
between the hours of 2 00 a m and 10 00 a m
c) Admission to Minors Prohibited Admission shall b e
restricted to persons of the age of eighteen (18) years or
more The age of all patrons shall be verified at the time
of entry by an employee of the adult entertainment
facility It is unlawful for any owners, operator, manager,
or other person in charge of an adult entertainment
facility to knowingly permit or allow any person under
the age of eighteen (18) years to be in or on the premises
of such adult facility
Warning Devices No person may operate or maintain
any warning system or device, of any nature or kind, for
the purposes of warning the employees, managers,
entertainers, or patrons of an adult entertainment facility
that police officers or other government agents are
approaching or have entered the adult entertainment
facility
e) Posting and Display of Licenses
1) 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
2 )
Every person licensed under this chapter as an adult
waitperson or manager, shall post his or her license in a
conspicuous place and manner on the premises of the
adult entertainment facility so as to be readily available
d )
28
for inspection by City authorities responsible for
enforcement of this chapter
5 27 250 REGULATIONS SPECIFICALLY APPLICABLE TO
ADULT CABARETS
a) General An adult cabaret shall satisfy the zoning
requirements contained in Title 22 of the Pasco Municipal
Code, the general requirements of this chapter, and the
specific operational requirements applicable to adult
cabarets contained in this section
b )
Separation of Nude Entertainers From Patrons No
entertainers shall appear nude except on a stage or
platform at least twenty-four (24) inches in elevation
above the level of the patron seating area The stage
shall be separated by a distance of at least eight (8) feet
from all areas of the premises to which patrons have
access A continuous fixed-barrier railing, of sufficient
construction to prevent encroachment by patrons onto
the stage, at least three (3) feet in height and located a t
least eight (8) feet from all points of the stage, shall
separate the stage from all patron areas
c) Separation of Entertainers From Patrons No entertainer
shall conduct any dance, performance, or exhibition in or
about the non stage areas of an adult cabaret unless that
dance, performance, or exhibition is performed at a torso-
torso distance of no less than four feet from the patron
for whom the dance, performance, or exhibition is
intended
Managers The licensed manager on duty shall not be a n
entertainer No manager shall knowingly permit an
employee or entertainer to violate any provisions of this
section
Tips No tip or gratuity offered to or accepted by an adult
entertainer shall be offered or accepted prior to any
performance, dance or exhibition provided by the
entertainer No entertainer performing upon any stage or
non-stage area shall be permitted to accept any form of
gratuity offered directly to the entertainer by any
d )
e)
29
member of the public Any tip or gratuity offered to any
entertainer performing upon any stage area shall b e
placed into a receptacle provided for the receipt of
gratuities or shall be given to the manager on duty on the
premises
f) Maintenance All public areas shall be maintained in a
clean and sanitary condition
g) Lighting A minimum lighting level of 30 lux semi-
cylindrical measured at thirty (30) inches from the floor
on ten (10) foot centers shall be provided and equally
distributed in and about the public portions of the adult
cabaret, including the patron seating areas, so that all
objects are plainly visible at all times,
h )
Visibility From Outside the Adult Cabaret No activity or
entertainment occurring at or in an adult cabaret shall b e
visible at any time from outside the adult cabaret
i) Prohibited Activities
1) No employer or entertainer shall perform or
simulate any sexual activities specified in PMC 5 27
040 (32) or RCW 7 48A 010(2)(b)
2 )
When not performing, entertainers are prohibited
from being present in areas of the adult cabaret
that are open to the public This prohibition shall
only apply during the business hours of the adult
cabaret
3) 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
4 )
No employee or entertainer shall touch caress or
fondle any specified anatomical area of any other
person
30
5) No employee or entertainer shall wear or use any
device or covering exposed to view which simulates
any portion of a specified anatomical area
6 )
No employee or entertainer shall use artificial
devices or inanimate objects to depict any specified
sexual activity
.1)
It is unlawful for any entertainer, manager or waitperson
to perform more than one such function at an adult
business on the same business day
k) 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 specific anatomical area
1) Signs Interior At least two signs shall b e
conspicuously and permanently posted on the premises,
printed in English and Spanish and readable from ten
(10) feet away by a person with 20/20 vision, stating the
following
THIS ADULT CABARET IS REGULATED BY THE CITY OF
PASCO ENTERTAINERS ARE, (1) NOT PERMITTED TO
ENGAGE IN ANY TYPE OF SEXUAL CONTACT (2) NOT
PERMITTED TO APPEAR NUDE EXCEPT ON STAGE (3)
DANCERS ARE NOT ALLOWED TO DANCE WITHIN FOUR
FEET OF ANY CUSTOMER (4) NOT PERMITTED TO SOLICIT
OR COLLECT ANY PAYMENT OR GRATUITY DlREC1LY
FROM ANY PATRON
m) Exterior Signage and Advertising No exterior signage or
advertising is permitted other than one wall sign,
consistent with Title 17 and the following provisions
1) The sign shall be mounted flush on the front of the
building with a message limited to the name of the
business and may also contain a street address, days and
hours of operation, and what type of adult entertainment
is offered
31
2) Nowhere on the building visible to passersby outside
the building shall appear any drawings, posters, pictures,
graphics or other depiction's representing specified
sexual activities or specified anatomical areas
5 27 260 REGULATIONS SPECIFICALLY APPLICABLE TO
ADULT ARCADES
a) General An adult arcade shall satisfy the zoning
requirements contained in Title 22 of the Pasco Municipal
Code, the requirements of this chapter and the specific
operational requirements applicable to adult arcades
contained in this section
b) Physical Layout
1) Each viewing booth shall be visible directly from the
entrance of the business establishment and shall not be
obscured by any curtain, door, wall or other enclosure
All viewing booths shall also be visible from the
manager's station either directly or by close circuit TV
2) No steps or risers shall be allowed in any viewing booth
3) No viewing booth shall have more than one stool or seat
In order to prevent obscuring the occupant of a viewing
booth from view, no stool for seating within a viewing
booth shall have any seat back or sides
4 )
No viewing booth shall have any holes or openings in its
walls other than ventilation holes All ventilation holes
shall be located one foot from the top of the booth walls
or one foot from the bottom of the booth walls All
ventilation holes shall be covered with a permanently
affixed ventilation cover
c) Maintenance All viewing booths shall be maintained in a
clean and sanitary condition
d) Lighting A minimum lighting level of 30 lux semi-
cylindrical measured at thirty (30) inches from the floor
on ten (10) foot centers shall be provided and equally
distributed in and about the public area of the adult
32
arcade, including the viewing booths, so that all objects
are plainly visible at all times
e) Limit on Number of Persons Within a Viewing Booth No
licensee or employee shall knowingly permit more than
one person to occupy a viewing booth at any given time
f) Prohibited Activities No licensee, manager, or employee
shall knowingly permit a patron to perform any sexual
activity specified in PMC 5 27 040 (32) or RCW
7 48A 010(2)(b) within a viewing booth
g) Signs At least two signs shall be conspicuously and
permanently posted on the premises, printed in English
and Spanish and readable from ten (10) feet away by a
person with 20/20 vision stating the following
THIS ADULT ARCADE IS REGULATED BY THE CITY OF
PASCO IT IS UNLAWFUL TO PERFORM SEXUAL ACTS
WITHIN A VIEWING BOOTH IT IS UNLAWFUL FOR MORE
THAN ONE PERSON TO OCCUPY A VIEWING BOOTH AT
ANY GIVEN TIME VIOLATORS ARE SUBJECT TO
PROSECUTION
h )
Exterior Signage and Advertising No exterior signage or
advertising is permitted other than one wall sign,
consistent with Title 17 and the following provisions
1) The sign shall be mounted flush on the front of the
building with a message limited to the name of the
business and may also contain a street address, days and
hours of operation, and what type of adult entertainment
is offered
2) Nowhere on the building visible to passersby outside the
building shall appear any drawings, posters, pictures,
graphics or other depiction's representing specified
sexual activities or specified anatomical areas
5 27 270 PENALTIES
a) Any violation of this chapter shall be a gross
misdemeanor, and shall be subject to a fine not to exceed Five
33
Charles D Kilbury
Mayor
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 b e
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 as set forth
herein
Section 4. If any provision of this ordinance or its
application to any person or circumstance is held invalid, by a
competent court of jurisdiction, the remainder of the ordinance or
the application of the provisions thereof to other persons or
circumstances shall not be affected
Section 5. This ordinance is designated by a majority plus
one of the whole membership of the City Council as an emergency
ordinance necessary for the protection of the public health, safety,
public property or public peace and shall become effective
immediately upon adoption
PASSED by the City Council of the City of Pasco, at its regular
meeting, this 17th day of November, 1997
ATTEST APPROVED AS TO
FORM
CATHERINE D SEAMAN Leland B Kerr
Deputy City Clerk City Attorney
34
CITY OF PASCO
SUMMARY OF ORDINANCE NO
Ordinance No is an ordinance relating to business licensing
amending PMC Title 5 by repealing Chapters 5 26 and 5 64 and creating
a new Chapter 5 27 dealing with adult entertainment facilities
Section 1 Repeals Chapter 5 26 of the Pasco Municipal Code
dealing with adult entertainment business licenses
Section 2 Repeals Chapter 5 64 of the Pasco Municipal Code
dealing with arcades-places amusement
Section 3 Establishes a new Pasco Municipal Code Chapter 5 27
dealing with adult entertainment facility licenses This chapter
contains
a) A purpose statement,
b) Findings on the secondary harmful effects of adult facilities,
c) Definitions of adult oriented entertainment,
d) Procedures and requirements for licensing adult,
entertainment facilities and employees,
e) Procedures for denial or revocation of adult entertainment
licenses,
f) Procedures for appealing license denial,
g) Recordkeeping requirements,
h) Regulations for adult entertainment facilities, adult cabarets
and adult arcades, and,
i) Provisions for penalties
Section 4 Is a Severability clause
Section 5 States that the ordinance is an emergency ordinance
which becomes effective immediately
The full text of Ordinance No is available free of charge
to any person who requests it from the City Clerk of the City of Pasco
(509) 545-3402, P 0 Box 293, Pasco, Washington 99301
Catherine D Seaman, Deputy City Clerk
0 010 11 1 111 111 1111 111 111 10 00110
FINANCE DEPARTMENT (509)545-3401 / Scan 726-3401 / FAX (509) 544-3082
P0 BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301
November 19, 1997
TO Kathy -- Legal Ads
Please publish the attached ordinance(s) and summary of ordinance(s) Nos
3260-3264 on the following date
November 23, 1997
Catherine D Seaman
Deputy City Clerk
Please send two (2) Affidavits of Publication for each
C ITY OF PASCO
SUMMARY OF
ORE. !NANCE Ne) 3262
Ordinance No 3262 is en
ordinance relating to but -
ness licensing amending
PMC 1 itle 5 by repealing
Chapters 5 26 and 5 64
and C reating a new
Chapter 5 27 dealing with
adult entertainment facili-
ties
Section 1 Repeals
Chapter 5 26 of the Pasco
Municipal Code dealing
with adult entertainment
busir ess licenses
Sect on 2 Repeals
Charter 5 64 of the Pasco
Munic pal CoL,a dealing
A/1th arcades-places
amusement
Section 3 Establishes a
new Pasco Municipal Code
Chapter 5 27 dealing with
adult entertainment facility
licenses This chapter con-
tains
a) A purpose statement
b) Findings on the sec-
ondary harmful effects of
adult facilities
c) Definitions of adult ori-
ented entertainment
d) Procedures and require
ments for licensing ,adult
entertainment facilities and
employees
e) Procedures for denial or
revocation of adult enter-
tainment licenses
f) Procedures for appealing
license denial
g) Recordkeeping require-
ments
h) Regulations for adult
entertainment facilities
adult cabarets and adult
arcades and
i) Provisions for penalties
Section 4 Is a Severability
clause
Section 5 States that the
ordinance is an emergency
ordinance which becomes
effective immediately
The full text of Ordinance
No 3262 is available free ,
of charge to any person
who requests it from the
City Clerk of the City of
Pasco (509) 545-3402 P
0 Box 293 Pasco
Washington 99301
-s Catherine D Seaman
Deputy City Clerk
#2000 11/23/97
lutO
BOX 2608
PASCO, WASHINGTON 99302 2608
PHONE (509) 582-1500
LEGAL A VEr TIM
INVOICE
DATE 1 I 2 LEGAL NO I )
ACCOUNT NO
(.,E.)r,1 DESCRIPTION L I \ ill
TIMES c'ri LINES ",
SOLD TO _
it , I IFY 1II. I El i S
fl 1-117.1Y rL
PoT;C.0 W1.1 TOTAL
9
PlIOTIICE 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
AFFMAVfir OF PUMMAr1100
COUNTY OF BENTON
SS
STATE OF WASHINGTON
' rr cj II , 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
co p y o f a l1 .'r) it..) 171 Y drI 1 -,E)i ,n 1Ll 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 I L ) , and ending on
.1 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF 00\/ ,
a94,4fisT-20,„„„
Notary public in and for the State of Wash-
ington, residing at Kennewick I!I (-I ND
COMMISSION EXPIRES " ' L CF' 1l