HomeMy WebLinkAboutOrdinance 10-006 Amending Adult Entertainment • •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, REPEALING EXISTING SPOKANE VALLEY MUNICIPAL CODE
CHAPTER 5.10 IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS RELATING
TO THE LICENSING AND REGULATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS IN THE CITY,AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Spokane Valley currently has limited City Code provisions relating to
the licensing and regulation of adult entertainment establishments in the City, relying in the past upon
incorporation of portions of the Spokane County Code for such licensing and regulation; and
WHEREAS, a comprehensive code would enable the City to both rely upon the experience,
studies and regulation by the County, as set forth in the Preamble, Findings and Purpose of the County's
Resolution 97-1052, and also allow the City to enact additional standards based upon its own experience
and the experience, studies and court cases involving other municipalities; and
WHEREAS, the City has reviewed studies conducted by other jurisdictions, court decisions,
police records and other documents, demonstrating that adult entertainment businesses have generated a
variety of adverse impacts, including public sexual conduct, the possible spread of sexually transmitted
disease and other endangerment to public health and safety, and prostitution and other criminal conduct,
among other things; and
WHEREAS, the City reasonably believes that the existing regulations of adult entertainment
businesses should be amended in view of this additional information, and that the amendments contained
herein will effectively address those adverse impacts; and
WHEREAS, the City does not intend to prevent any person or entity from exercising rights
protected by the Washington and United States Constitutions; and this ordinance is necessary in order to
better protect the health safety, and welfare of the City and its citizens.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to adopt a comprehensive Adult
Entertainment Business Code for the City of Spokane Valley.
Section 2. Repealing Spokane Valley Municipal Code Chapter 5.10. Spokane Valley Municipal
Code Chapter 5.10,and all of its sections as currently adopted, are hereby repealed in their entirety.
Section 3. Adopting Spokane Valley Municipal Code Section 5.10.010: SVMC 5.10.010 is
adopted as follows:
5.10.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
"Adult arcade device," sometimes also known as "panoram," preview," "picture arcade," "adult
arcade,' or"peep show,"means any device which, for payment of a fee, membership fee or other charge,
is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual
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activities or sexual conduct. All such devices are denominated under this chapter by the term "adult
arcade device." The term "adult arcade device' as used in this chapter does not include other games
which employ pictures, views, or video displays, or gambling devices which do not exhibit or display
adult entertainment.
"Adult arcade establishment"means a commercial premises, or portion of any premises, to which
a member of the public is invited or admitted and where adult arcade stations or adult arcade devices are
used to exhibit or display a graphic picture, view, film, videotape, or digital display of a specified sexual
activities or sexual conduct to a member of the public on a regular basis or as a substantial part of the
premises activity.
"Adult arcade station" means any enclosure where a patron, member, or customer would
ordinarily be positioned while using an adult arcade device. Adult arcade station refers to the area in
which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital
display of specified sexual activities or sexual conduct is to be viewed. These terms do not mean such an
enclosure that is a private office used by an owner, manager, or person employed on the premises for
attending the tasks of his or her employment, if the enclosure is not held out to any member of the public
for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device,
and not open to any person other than employees.
"Adult entertainment establishment" collectively refers to adult arcade establishments and live
adult entertainment establishments, as defined herein.
"Applicant"means the individual or entity seeking an adult entertainment establishment license.
"Applicant control person" means all partners, corporate officers and directors and other
individuals in the applicant's business organization who hold a significant interest in the adult
entertainment business, based on responsibility for management of the adult entertainment establishment.
"Employee" means a person, including a manager, entertainer or an independent contractor, who
works in or at or renders services directly related to the operation of an adult entertainment establishment.
"Entertainer" means any person who provides live adult entertainment within an adult
entertainment establishment as defined in this section, whether or not a fee is charged or accepted for
entertainment.
"Hearing Examiner" means the individual designated by the City Council who has the powers
and duties as set forth in SVMC 18.20.030or his/her designee.
"Licensing administrator" means the Community Development Director and his/her designee(s)
and is the person designated to administer this chapter. In the event of any appeal to the Hearing
Examiner under this Chapter, the licensing administrator shall prepare and/or ensure the submittal of the
"department"reports required under SVMC 17.90.060(A)and Appendix B, Section C.
"Liquor"means all beverages defined in RCW Section 66.04.200.
"Live adult entertainment"means:
(A) An exhibition, performance or dance conducted in a commercial premises for a member of
the public where the exhibition,performance, or dance involves a person who is nude or seminude. Adult
entertainment shall include,but is not limited to performances commonly known as "strip tease";
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(B) An exhibition, performance or dance conducted in a commercial premises where the
exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the
depiction, description, simulation or relation to the following"specified sexual activities":
(1)Human genitals in a state of sexual stimulation or arousal,
(2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or
bestiality,
(3)Fondling or other erotic touching of human genitals,pubic region, buttocks, or female
breasts; or
(C) An exhibition, performance or dance that is intended to sexually stimulate a member of the
public. This includes, but is not limited to, such an exhibition, performance, or dance performed for,
arranged with, or engaged in with fewer than all members of the public on the premises at that time,
whether conducted or viewed directly or otherwise, with separate consideration paid, either directly or
indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing,
couch dancing,taxi dancing, lap dancing, private dancing, or straddle dancing.
"Live adult entertainment establishment"means a commercial premises to which a member of the
public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which
does not involve adult arcade stations or devices, to a member of the public on a regular basis or as a
substantial part of the premises activity.
"Manager" means a person who manages, directs, administers or is in charge of the affairs or
conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult
entertainment establishment.
"Member of the public" means a customer, patron, club member, or person, other than an
employee,who is invited or admitted to an adult entertainment establishment.
"Nude" or "seminude" means a state of complete or partial undress in such costume, attire or
clothing so as to expose any portion of the female breast below the top of the areola or any portion of the
pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
The words "open to the public room so that the area inside is fully and completely visible to the
manager" mean that there may be no door, curtain, partition, or other device extending from the top
and/or any side of the door frame of an arcade station, so that all portions of every arcade station and all
of the activity and all occupants inside every arcade station are fully and completely visible at all times by
direct line of sight to persons in the adjacent public room, including the manager.
"Operator" means a person operating, conducting or maintaining an adult entertainment
establishment.
"Person" means an individual, partnership, corporation, trust, incorporated or unincorporated
association, marital community, joint venture, governmental entity, or other entity or group of persons
however organized.
"Premises" means the land, structures, places, the equipment and appurtenances connected or
used in any business, and any personal property or fixtures used in connection with any adult
entertainment establishment.
"Sexual conduct"means acts of:
(A) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight; or
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(B)A penetration of the vagina or anus, however slight, by an object; or
(C) A contact between persons involving the sex organs of one person and the mouth or anus of
another; or
(D)Masturbation,manual or instrumental, of oneself or of one person by another; or
(E) Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself
or of one person by another.
"Specified sexual activities"refers to the following:
(A)Human genitals in a state of sexual stimulation or arousal;
(B)Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(C)Fondling or other erotic touching of human genitals,pubic region,buttocks or female breasts.
"Transfer of ownership or control" of an adult entertainment establishment means any of the
following:
(A)The sale, lease or sublease of the business;
(B)The transfer of securities that constitute a controlling interest in the business,whether by sale,
exchange, or similar means;
(C) The establishment of a trust, gift, or other similar legal device that transfers the ownership or
control of the business; or
(D) Transfer by bequest or other operation of law upon the death of the person possessing the
ownership or control.
Section 4. Adopting Spokane Valley Municipal Code 5.10.020: SVMC 5.10.020 is adopted as
follows:
5.10.020 License Required.
(A)A person may not conduct,manage or operate an adult entertainment establishment unless the
person is the holder of a valid license obtained from the City.
(B) An entertainer, employee, or manager may not knowingly work in or about, or knowingly
perform a service or entertainment directly related to the operation of an unlicensed adult entertainment
establishment.
(C) An entertainer may not perform in an adult entertainment establishment unless the person is
the holder of a valid license obtained from the City.
(D) A manager may not work in an adult entertainment establishment unless the person is a
holder of a valid license obtained from the City.
Section 5. Adopting Spokane Valley Municipal Code 5.10.030: SVMC 5.10.030 is adopted as
follows:
5.10.030 License prohibited to certain classes.
No license shall be issued to:
(A) A natural person who has not attained the age of 21 years, except that a license may be
issued to a person who has attained the age of 18 years with respect to adult entertainment establishments
where no intoxicating liquors are served or provided;
(B) A person whose place of business is conducted by a manager or agent, unless the manager or
agent has obtained a manager's license;
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(C) A partnership, unless all the members of the partnership are qualified to obtain a license.
The license shall be issued to the manager or agent of the partnership;
(D) A corporation,unless all the officers and directors of the corporation are qualified to obtain a
license. The license shall be issued to the manager or agent of the corporation.
Section 6. Adopting Spokane Valley Municipal Code 5.10.040: SVMC 5.10.040 is adopted as
follows:
5.10.040 Applications.
(A)Adult Entertainment Establishment License.
(1) An application for an adult entertainment establishment license must be submitted to
the licensing administrator in the name of the person or entity proposing to conduct the adult
entertainment establishment on the business premises and must be signed by the person and certified as
true under the penalty of perjury. An application must be submitted on a form supplied by the licensing
administrator, which must require the following information:
(a) For the applicant and for each applicant control person, provide: names, any
aliases or previous names, driver's license number, if any, social security number, if any, and business,
mailing, and residential addresses,and business telephone number;
(b) If a partnership, whether general or limited; and if a corporation, date and
place of incorporation; evidence that the partnership or corporation is in good standing under the laws of
Washington; and the name and address of the registered agent for service of process;
(c) Whether the applicant or a partner, corporate officer, or director of the
applicant holds another license under this chapter, or a license for similar adult entertainment or sexually
oriented business from another city, county or state, and if so,the name and address of each other licensed
business;
(d) A summary of the business history of the applicant and applicant control
persons in owning or operating the adult entertainment or other sexually oriented business, providing
names, addresses and dates of operation for such businesses, and whether any business license or adult
entertainment license has been revoked or suspended and the reason for the revocation or suspension;
(e)For the applicant and all applicant control persons, all criminal convictions or
forfeitures within five years immediately preceding the date of the application, other than parking
offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and
location of court and disposition;
(f) For the applicant and all applicant control persons, a description of business,
occupation or employment history for the three years immediately preceding the date of the application;
(g)Authorization for the City of Spokane Valley, and its agents and employees to
seek information to confirm any statements set forth in the application;
(h)The location and doing-business-as name of the proposed adult entertainment
establishment, including a legal description of the property, street address, and telephone number,
together with the name and address of each owner and lessee of the property;
(i) Two two-inch by two-inch photographs of the applicant and applicant control
persons,taken within six months of the date of application showing only the full face;
(j) A complete set of fingerprints for the applicant and each applicant control
person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the
law enforcement agency;
(k)A scale drawing or diagram showing the configuration of the premises for the
proposed adult entertainment establishment, including a statement of the total floor space occupied by the
business, and marked dimensions of the interior of the premises. Performance areas, seating areas,
manager's office and stations, restrooms, adult arcade stations and adult arcade devices, overhead lighting
fixtures, walls and doorways, and service areas shall be clearly marked on the drawing. An application
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for a license for an adult entertainment establishment must include building plans that demonstrate
conformance with all applicable building code requirements.
Upon request, a prelicensing conference will be scheduled with the licensing administrator, or
his/her designee and pertinent government departments to assist the applicant in meeting the regulations
and provisions of this chapter, as well as the other City Code provisions. No alteration of the
configuration of the interior of the adult entertainment establishment or enlargement of the floor space
occupied by the premises may be made after obtaining a license, without the prior approval of the
licensing administrator or his/her designee. Approval for such enlargement may only be granted if the
premises and proposed enlargement first meet the qualifications and requirements of this chapter, all other
City Code provisions, and all other applicable statutes or laws.
(2) An application will be deemed complete upon the applicant's submission of all
information requested in subsection (a)(1) of this section, including the identification of"none" where
that is the correct response. The licensing administrator may request other information or clarification in
addition to that provided in a complete application if necessary to determine compliance with this chapter.
(3)A nonrefundable license fee must be paid at the time of filing an application in order
to defray the costs of processing the application.
(4)Each applicant shall verify, under penalty of perjury,that the information contained in
the application is true.
(5) If, subsequent to the issuance of an adult entertainment establishment license for a
business, a person or entity acquires a significant interest based on responsibility for management or
operation of the business, notice of such acquisition shall be provided in writing to the licensing
administrator, no later than 21 calendar days following the acquisition. The notice required must include
the information required for the original adult entertainment establishment license application.
(6) The adult entertainment establishment license, if granted, must state on its face the
name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and
the address of the licensed adult entertainment establishment. The license must be posted in a
conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily
read when the business is open.
(7)A person granted an adult entertainment establishment license under this chapter may
not operate the adult entertainment establishment under a name not specified on the license, nor may a
person operate an adult entertainment establishment, or any adult arcade device under a designation or at
a location not specified on the license.
(8) Upon receipt of the complete application and fee, the licensing administrator shall
provide copies to the police, fire and planning departments for their investigation and review to determine
compliance of the proposed adult entertainment establishment with the laws and regulations which each
department administers. Each department shall,within 15 days of the date of such application, inspect the
application and premises and shall make a written report to the licensing administrator whether such
application and premises comply with the laws administered by each department. A license may not be
issued unless each department reports that the applicant and premises comply with the relevant laws.
If the premises are not yet constructed, the departments shall base their recommendation as to
premises compliance on their review of the drawings submitted in the application. An adult entertainment
establishment license approved before the premises construction is undertaken must contain a condition
that the premises may not open for business until the premises have been inspected and determined to be
in conformance with the drawings submitted with the application. The police, fire, and planning
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depai tments shall recommend denial of a license under the subsection if any of them find that the
proposed adult entertainment establishment is not in conformance with the requirements of this chapter or
other applicable law. The department shall cite in a recommendation for denial the specific reason for the
recommendation, including applicable laws.
(9) No adult entertainment establishment license may be issued to operate an adult
entertainment establishment in a location which does not meet the requirements set forth in the City's
Zoning Code Chapter 19.80 SVMC unless otherwise exempt.
(10) The exterior design and/or signs of the adult entertainment establishment must meet
the requirements set forth in the City's Zoning Code 19.110.020 adopting the Spokane Valley Sprague
and Appleway Corridors Subarea Plan and Chapter 22.110 SVMC.
(11) The licensing administrator shall issue and mail to the applicant an adult
entertainment establishment license within 30 calendar days of the date of filing a complete license
application and fee, unless the licensing administrator determines that the applicant has failed to meet any
of the requirements of this chapter, or failed to provide any information required under this subsection, or
that the applicant has made a false, misleading or fraudulent statement of material fact on the application
for a license. The licensing administrator shall grant an extension of time in which to provide all
information required for a complete license application upon the request of the applicant.
(12) If the licensing administrator finds that the applicant has failed to meet any of the
requirements for issuance of an adult entertainment establishment license, the licensing administrator
shall deny the application in writing and shall cite the specific reasons for the denial, including applicable
laws. If the licensing administrator fails to issue or deny the license within 30 calendar days of the date of
filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable
laws, to operate the business for which the license was sought until notification by the licensing
administrator that the license has been denied, but in no event may the licensing administrator extend the
applicant review time for more than an additional 20 days.
(B)Adult Arcade Device License. In addition to the provisions set forth in subsection(a) of this
section,the following conditions apply to adult arcade establishments:
(1)It is unlawful to exhibit or display to the public any adult arcade device, or to operate
any adult arcade station within any adult arcade establishment without first obtaining a license for each
such device for a specified location or premises from the City, to be designated an "adult arcade device
license."
(2) The adult arcade device license shall be securely attached to each such device, or the
arcade station, in a conspicuous place.
Section 7 Adopting Spokane Valley Municipal Code 5.10.050: SVMC 5.10.050 is adopted
as follows:
5.10.050 Adult entertainment establishment manager and entertainer licenses.
(A) A person may not work as a manager, assistant manager or entertainer at an adult
entertainment establishment without a manager's or an entertainer's license from the licensing
administrator. An applicant for a manager's or entertainer's license must complete an application on
forms provided by the licensing administrator containing the information identified in this subsection. A
nonrefundable license fee must accompany the application. The licensing administrator shall provide a
copy of the application to the police department for its review, investigation and recommendation. An
application for a manager's or entertainer's license must be signed by the applicant and certified to be true
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under penalty of perjury. The manager's or entertainer's license application must require the following
information:
(1)The applicant's name, home address,home telephone number, date and place of birth,
fingerprints taken by the police department(or such other entity as authorized by the police department or
licensing administrator), social security number, and any stage names or nicknames used in entertaining;
(2) The name and address of each adult entertainment establishment at which the
applicant intends to work;
(3) Documentation that the applicant has attained the age of 18 years. Any two of the
following are acceptable as documentation of age:
(a)A motor vehicle operator's license issued by any state bearing the applicant's
photograph and date of birth;
(b)A state-issued identification card bearing the applicant's photograph and date
of birth;
(c)An official passport issued by the United State of America;
(d)An immigration card issued by the United States of America; or
(e) Any other identification that the licensing administrator determines to be
acceptable and reliable.
(4) A complete statement of all convictions of the applicant for any misdemeanor or
felony violations in the jurisdiction or any other city, county or state within five years immediately
preceding the date of the application, except parking violations or minor traffic infractions;
(5) A description of the applicant's principal activities or services to be rendered at the
adult entertainment establishment;
(6)Two two-inch by two-inch color photographs of applicant,taken within six months of
the date of application showing only the full face;
(7) Authorization for the City, its agents and employees to investigate and confirm any
statements in the application.
(B) Every entertainer shall provide his or her license to the adult entertainment establishment
manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of
the entertainers readily available for inspection by the City, its agents, and employees, at any time during
business hours of the adult entertainment establishment.
(C) The licensing administrator may request additional information or clarification when
necessary to determine compliance with this chapter.
(D) The contents of an application for an entertainer's license and any additional information
submitted by an applicant for an entertainer's license are confidential and will remain confidential to the
extent authorized by RCW Chapter 42.56 and other applicable law. Nothing in this subsection prohibits
the exchange of information among government agencies for law enforcement or licensing or regulatory
purposes.
(E) The licensing administrator shall issue and mail to the applicant an adult entertainment
establishment manager's or entertainer's license within 14 calendar days from the date the complete
application and fee are received unless the licensing administrator determines that the applicant has failed
to provide any information required to be supplied according to this chapter, has made any false,
misleading or fraudulent statement of material fact in the application, or has failed to meet any of the
requirements for issuance of a license under this chapter. If the licensing administrator determines that
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the applicant does not qualify for the license applied for, the licensing administrator shall deny the
application in writing and shall cite the specific reasons therefore, including applicable law.
(F)An applicant for an adult entertainment establishment manager's or entertainer's license shall
be issued a temporary license upon receipt of a complete license application and fee. Such temporary
license shall automatically expire on the 14th calendar day following the filing of the complete license
application and fee unless the licensing administrator has failed to approve or deny the license
application, in which case the temporary license shall be valid until the licensing administrator approves
or denies the application, or until the final determination of any appeal from a denial of the application.
In no event may the licensing administrator extend the application review time for more than an
additional 20 calendar days.
Section 8. Adopting Spokane Valley Municipal Code 5.10.080: SVMC 5.10.080 is adopted
as follows:
5.10.080 Standards of conduct,personnel,and operation of adult entertainment establishments.
(A)All employees of an adult entertainment establishment must adhere to the following standards
of conduct while in any area in which a member of the public is allowed to be present:
(1) An employee may not be unclothed or in such less than opaque and complete attire,
costume or clothing so as to expose to view any portion of the female breast below the top of the areola or
any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches
above the immediate floor level and removed at least eight feet from the nearest member of the public.
(2) An employee mingling with a member of the public may not be unclothed or in less
than opaque and complete attire, costume or clothing as described in subsection (a)(1) of this section, nor
may a male employee appear with his genitals in a discernibly turgid state, even if completely and
opaquely covered or wear or use any device or covering that simulates the same.
(3) An employee mingling with a member of the public may not wear or use any device
or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus,
a portion of the pubic region, or buttocks.
(4) An employee may not caress, fondle or erotically touch a member of the public or
another employee. An employee may not encourage or permit a member of the public to caress, fondle or
erotically touch that employee.
(5) An employee may not perform actual or simulated acts of sexual conduct as defined
in this chapter, or an act that constitutes a violation of RCW Chapter 7.48A, the Washington moral
nuisance statute, or any provision regulating offenses against public morals.
(6) An employee mingling with a member of the public may not conduct any dance,
performance or exhibition in or about the nonstage area of the adult entertainment establishment unless
that dance, performance or exhibition is performed at a distance of at least four feet from the member of
the public for whom the dance, performance or exhibition is performed. The distance of four feet is
measured from the torso of the dancer to the torso of the member of the public.
(7) A tip or gratuity offered to or accepted by an entertainer may not be offered or
accepted before any performance, dance or exhibition provided by the entertainer. An entertainer
performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by
a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any
booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the
management of the adult entertainment establishment or provided through a manger on duty on the
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premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or
about the nonstage area of the live adult entertainment establishment must be placed into the hand of the
entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of
the entertainer.
(B)This chapter does not prohibit:
(1) Plays, operas,musicals, or other dramatic works that are not obscene;
(2) Classes, seminars and lectures which are held for serious scientific or educational
purposes and which are not obscene; or
(3) Exhibitions,performances,expressions or dances that are not obscene.
The exemptions in subsection (b) of this section do not apply to sexual conduct defined in this
chapter or the sexual conduct described in RCW Section 7.48A.010(2) (b) (ii) and (iii). Whether or not
activity is obscene shall be judged by consideration of the standards set forth in RCW Section
7.48A.010(2).
(C)At an adult entertainment establishment the following are required:
(1) Admission must be restricted to persons of the age of 18 years or older. An owner,
operator, manager or other person in charge of the adult entertainment establishment may not knowingly
permit or allow any person under the age of 18 years to be in or upon the premises whether as an owner,
operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other
capacity. This section is not intended to be used in a prosecution of a minor on or within an adult
entertainment establishment.
(2) Neither the performance of any live adult entertainment, nor any display of specified
sexual activities or sexual conduct, nor any photograph, drawing, sketch or other pictorial or graphic
representation of any such performance, activities and/or conduct may take place or be located so as to be
visible to minors who are or may be outside of the adult entertainment establishment.
(3) A member of the public may not be permitted at any time to enter into any of the
nonpublic portions of the adult entertainment establishment, which includes but is not limited to: the
dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or
storage areas. However, a person delivering goods and materials, food and beverages, or performing
maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic
areas to the extent required to perform the person's job duties.
(4)Restrooms may not contain video reproduction equipment and/or adult arcade devices
and each restroom may not be occupied by more than one person at any time.
(5)All ventilation devices or openings between adult arcade booths must be covered by a
permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located
more than one foot below the top of the adult arcade station walls or one foot from the bottom of adult
arcade station walls. There may not be any other holes or openings between the adult arcade stations.
(6) No adult arcade station may be occupied by more than one person at any time. Any
chair or other seating surface within an adult arcade station shall not provide a seating surface of greater
than 18 inches in either length or width. Only one such chair or other seating surface shall be placed in
any adult arcade station. No person may stand or kneel on any such chair or other seating surface.
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(7) There must be a permanently posted and maintained in at least two conspicuous
locations on the interior of all adult arcade establishments a sign stating substantially the following:
OCCUPANCY OF ANY STATION (VIEWING ROOM) IS AT ALL TIMES
LIMITED TO ONE PERSON.
THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, OR
ANYWHERE ELSE ON THE PREMISES,INCLUDING BUT NOT LIMITED TO:
SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS,
INDECENT EXPOSURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL
CONDUCT,AS DEFINED HEREIN.
VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.
Each sign must be conspicuously posted and not screened from the patron's view. The letters and
numerals must be on a contrasting background and be no smaller than one inch in height.
(8) When doors are permitted in areas of the adult entertainment establishment that are
available for use by persons other than the owner, manager, operator, or their agents or employees, those
doors may not be locked during business hours.
(9)No person may engage in any conduct, or operate or maintain any warning system or
device of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of
any patrons, members, customers, owners, operators, managers, employees, agents, independent
contractors, or any other persons in the adult entertainment establishment, that police officers or county
health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the
premises.
(10) No person in an adult entertainment establishment may masturbate, or expose to
view any portion of the female breast below the top of the areola or any portion of the pubic region, anus,
buttocks,penis, vulva or genitals.
(D)The responsibilities of the manager of an adult entertainment establishment shall include:
(1) A licensed manager shall be on duty at an adult entertainment establishment at all
times adult entertainment is being provided or members of the public are present on the premises. The
full name and license of the manager shall be prominently posted during business hours. The manager
shall be responsible for verifying that any person who provides adult entertainment within the premises
possesses a current and valid entertainer's license.
(2)The licensed manager on duty shall not be an entertainer.
(3) The manager licensed under this chapter shall maintain visual observation from a
manager's station of each member of the public and each entertainer at all times any entertainer is present
in the public or performance areas of the adult entertainment establishment. Where there is more than one
performance area, or the performance area is of such size or configuration that one manager is unable to
visually observe, at all times, each entertainer, each employee and each member of the public, a manger
licensed under this chapter shall be provided for each public or performance area or portion of a public or
performance area visually separated from other portions of the adult entertainment establishment. All
adult arcade stations must open to the public room so that the area inside is fully and completely visible to
the manager. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or
application may obscure in any way the manager's view of any portion of the activity or occupants of the
adult entertainment establishment.
(4) The manager shall be responsible for and shall ensure that the actions of members of
the public, the adult entertainers, and all other employees shall comply with all requirements of this
chapter.
Ordinance 10-006 Adult Entertainment Page 11 of 16
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Section 9. Adopting Spokane Valley Municipal Code 5.10.090: SVMC 5.10.090 is adopted as
follows:
5.10.090 Premises—Specifications.
(A) Live Adult Entertainment Establishment Premises. The performance area of the live adult
entertainment establishment where adult entertainment is provided shall be a stage or platform at least 18
inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at
least eight feet from all areas of the premises to which a member of the public has access. A continuous
railing affixed to the floor and measuring at least three feet in height and located at least eight feet from
all points of the performance area must be installed on the floor of the premises to separate the
performance area and the public seating areas. The stage and the entire interior portion of all rooms or
other enclosures wherein the live adult entertainment is provided must be visible from the common areas
of the premises and from at least one manager's station. Visibility shall be by direct line of sight and
shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other
obstructions.
(B) Adult Arcade Entertainment Establishment Premises. All adult arcade stations must open to
the public room so that the area inside is fully and completely visible by direct line of sight to the
manager. All adult arcade stations shall be maintained in a clean and sanitary condition at all times. All
floors, walls and ceilings shall consist only of hard, cleanable surfaces. All adult arcade stations shall be
thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially
infectious materials (including, without limitation, semen, blood and vaginal secretions), but at least once
daily. A record of such cleaning, listing the date and time, shall be posted in each adult arcade station.
Any such potentially infectious materials, together with any cleaning rags, cloths or other implements,
and any condoms, needles, or other items that may contain such potentially infectious materials, shall be
placed in a properly labeled "medical waste" bag and disposed of pursuant to applicable laws or
regulations.
(C) Lighting. Sufficient lighting must be provided and equally distributed throughout the public
areas of the entertainment establishment so that all objects are plainly visible at all times. A minimum
lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers is required
for all areas of the adult entertainment establishment where members of the public are permitted.
(D) Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a
contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment
establishment stating the following:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE
LAWS OF THE CITY OF SPOKANE VALLEY. ENTERTAINERS ARE:
A.NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON
STAGE.
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE
OF THEIR PERFORMANCE.
Ordinance 10-006 Adult Entertainment Page 12 of 16
• •
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS
WHILE PERFORMING UPON ANY STAGE AREA OR IN ANY ARCADE
STATION OR BOOTH.
(E) Recordkeeping Requirements. All papers, records and documents required to be kept
pursuant to this chapter must be open to inspection by the licensing administrator during the hours when
the licensed premises are open for business, upon two days' written notice to the licensee. An adult
entertainment establishment shall maintain and retain for a period of two years the name, address and age
of each person employed or otherwise retained or allowed to perform on the premises as an entertainer,
including independent contractors and their employees. The purpose of the inspection shall be to
determine whether the papers,records and documents meet the requirements of this chapter.
(F)Inspections. Prior to the issuance of a license,the applicant must be qualified according to the
provisions of all applicable City ordinances, the laws of the United States and of the State of Washington.
The premises must meet the requirements of all applicable laws, ordinances, and regulations including but
not limited to the Uniform Building Code, and the City's Zoning Code. All premises and devices must be
inspected prior to issuance of a license.
Upon request, the licensing administrator will schedule a prelicensing conference with all
pertinent City departments to assist the applicant in meeting the regulations and provisions of this chapter.
In order to ensure compliance with this chapter all areas of a licensed adult entertainment
establishment that are open to members of the public must be open to inspection by agents and employees
of the jurisdiction during the hours when the premises are open for business. The purpose of such
inspections must be to determine if the licensed premises are operated in accordance with the
requirements of this chapter. It is expressly declared that unannounced inspections of adult entertainment
establishments are necessary to ensure compliance with this chapter.
(G)Hours of Operation. An adult entertainment establishment may not be operated or otherwise
open to the public between the hours of two a.m. and ten a.m.
Section 10. Adopting Spokane Valley Municipal Code 5.10.100: SVMC 5.10.100 is
adopted as follows:
5.10.100 License fees,term,expiration,assignment,and renewals.
(A) A license issued under this chapter expires on the 31' day of December of each year. A
license fee may not be prorated, except that if the original application is made subsequent to June 30th,
then one-half of the annual fee may be accepted for the remainder of such year.
(B) Application for renewal of a license issued under this chapter must be made to the licensing
administrator no later than 30 calendar days before the expiration for an adult entertainment establishment
license, and no later than 14 calendar days before the expiration for an adult entertainment establishment
manager's and entertainer's license. The licensing administrator shall issue the renewal license in the
same manner and on payment of the same fees as for an original application under this chapter. The
licensing administrator shall assess and collect, an additional fee, computed as a percentage of the license
fee, on an application not made on or before such date, as follows:
Calendar Days Past Due Percent of License Fee
7—30 25%
31 —60 50%
61 and over 75%
Ordinance 10-006 Adult Entertainment Page 13 of 16
• •
(C)The licensing administrator shall renew a license upon application unless the licensing
administrator is aware of facts that would disqualify the applicant from being issued the license for which
he or she seeks renewal,and further provided that the application complies with all the provisions of this
chapter as now enacted or as the same may hereafter be amended.
(D)License fees shall be adopted by the City Council through a separate resolution
(E)Adult entertainment establishments which offer both live adult entertainment and adult arcade
devices or stations shall be required to pay the fees associated with both live adult entertainment
establishments and adult arcade establishments.
(F) Licenses issued under this chapter may not be assigned or transferred to other owners,
operators,managers, entertainers,premises,devices, persons or businesses.
(G) A reinspection fee equal to the amount in effect for original application for any license shall
be charged if the applicant requests approval for a proposed enlargement or alteration of the interior of the
adult entertainment establishment, or if the applicant requests the licensing administrator make an
inspection of the premises in addition to the usual prelicensing inspection.
Section 11. Adopting Spokane Valley Municipal Code 5.10.110: SVMC 5.10.110 is adopted as
follows:
5.10.110 Suspension or Revocation of Licenses.
The license administrator may upon 14 calendar days' written notice delivered to the license
holder, temporarily suspend or permanently revoke any license issued pursuant to this chapter where one
or more of the following conditions exist:
(A) The license application, or any report or record required to be filed with the City, includes
one or more false,misleading, or fraudulent statements of material fact; or
(B) The building, structure, equipment or location of the business for which the license was
issued does not comply with the requirements or standards of the chapter, the applicable building or
zoning codes, or other applicable law; or
(C) The licensee, his or her employee, agent, partner, director, officer or manager has knowingly
allowed or permitted, in or upon the premises of any adult entertainment establishment, any violations of
this chapter or acts made unlawful under this chapter.
Section 12. Adopting Spokane Valley Municipal Code 5.10.120: SVMC 5.10.120 is adopted as
follows:
5.10.120 Appeal and Hearing.
Any person aggrieved by the action of the license administrator in refusing to issue or renew any
license under this chapter, or in temporarily suspending or permanently revoking any license under this
chapter, shall have the right to appeal such action to the City's hearing examiner under SVMC 17.90.040
through .060, except to the extent that such sections relate only to land use matters under the SVMC.
Notwithstanding the provisions of SVMC 17.90.060(A) and Appendix B, Section E, all testimony at any
hearing affecting a license under this chapter shall be taken under oath. The filing of such appeal shall
stay the action of the license administrator.
Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the
decision to the Spokane County Superior Court by writ of certiorari filed and served upon the City within
Ordinance 10-006 Adult Entertainment Page 14 of 16
•
14 calendar days after the date of the hearing examiner's decision. The filing of such appeal shall stay the
action of the hearing examiner.
Section 13. Adopting Spokane Valley Municipal Code 5.10.150: SVMC 5.10.150 is adopted as
follows:
5.10.150 Compliance by Existing Adult Entertainment Establishments.
Any adult entertainment establishment lawfully operating on the effective date of this chapter that is
in violation of the specifications for the premises of adult entertainment establishments set forth in SVMC
5.10.090 must correct any configuration, and bring the adult entertainment establishment into full
compliance with those premises specifications not later than ninety calendar days after the effective date
of this chapter. All other provisions of this chapter are operative and enforceable on the effective date.
Section 14. Adopting Spokane Valley Municipal Code 5.10.160: SVMC 5.10.160 is adopted as
follows:
5.10.160 Penalties.
A person violating this chapter is guilty of a misdemeanor. Any person violating any of the
provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation is committed, continued, authorized, or permitted; provided, no person
shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the
request or order of law enforcement. All violations of this chapter are hereby determined to be
detrimental to the public health, safety and general welfare and are hereby declared public nuisances.
Section 15. Adopting Spokane Valley Municipal Code 5.10.170: SVMC 5.10.170 is adopted as
follows:
5.10.170 Additional Remedies.
Any license issued under this chapter shall be subject to the rules of the Washington State Liquor
Control Board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the
applicable rules of the Washington State Liquor Control Board, the rules of the Washington State Liquor
Control Board shall govern.
The remedies provided herein for violations of the provisions of this chapter, whether civil or
criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not
exclusive, and the City may seek any other legal or equitable relief. An adult entertainment establishment
operated or maintained contrary to the provisions of RCW Chapter 7.48, Moral Nuisance, is unlawful and
a public and moral nuisance, and the City may in addition to any other remedies commence an action to
enjoin, abate or remove any such nuisance.
Section 16. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 17. Effective Date. This Ordinance shall become effective five days after
publication of the Ordinance, or a summary thereof, in the official newspaper of the City.
Ordinance 10-006 Adult Entertainment Page 15 of 16
• •
Adopted this 13th day of April,2010..
0
City of Sp. )- Valley
/ ,
homas E.Towey,Mayor
A v 'TIO
City-Clerk, Christine Bainbridge /
Approved as to Form:
Office of the City Attorney
Date of Publication: Q ' - '/d
Effective Date: y-2P— /c..)
Ordinance 10-006 Adult Entertainment Page 16 of 16