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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 1 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, 2 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, 3 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 4 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 5 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 ) 6 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 7 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 8 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 9 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 ) 1 0 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, 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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