Ordinance 03-036 Adopts County Code for Adult Entertainment Establishments •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 36
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING BY REFERENCE CHAPTER 7.80 ENTITLED "ADULT
ENTERTAINMENT ESTABLISHMENTS" OF THE SPOKANE COUNTY CODE.
WHEREAS, the City of Spokane Valley is committed to protecting the general welfare of
the City through the enactment of laws prohibiting obscenity, indecency and sexual offences
while preserving constitutionally protected forms of expression;
WHEREAS, in reliance upon the extensive study, research and investigation conducted
by the City of Spokane and Spokane County including adopting and accepting the record
developed by the City and the County with respect to live adult entertainment establishments, the
City has concluded that legislation should be enacted in order to protect the health, safety and
welfare of the patrons and employees of such businesses as well as the citizens of the City; and
WHEREAS, in recognition of and reliance upon the above, the City has concluded that
appropriate adult entertainment regulations establishing standards of conduct for operations are
contained in Chapter 7.80 of the Spokane County Code and should, therefore, be adopted as the
adult regulations of the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1.. Incorporation By Reference. Pursuant to RCW 35A.11.020 and
35A.12.140, the City adopts by reference Chapter 7.80 entitled "Adult Entertainment
Establishments" of the Spokane County Code as presently constituted or hereinafter amended, as
the Adult Entertainment regulations of the City. Chapter 7.80 entitled "Adult Entertainment
Establishments" of the Spokane County Code is attached hereto as Exhibit "A" and incorporated
herein by this reference as if fully set forth.
Section 2. Adoption of Certain Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule, regulation or document(s) referenced in the
attached Chapter 7.80 entitled "Adult Entertainment Establishments", is necessary or convenient
to establish the validity, enforceability or interpretation of the adult entertainment establishment
section such provision of the Spokane County Code, or other law, rule, regulation or
document(s) is hereby adopted by reference.
Section 3. Reference to Spokane County and Hearing Bodies. Unless the context
requires otherwise, any reference to the "County" or to "Spokane County" shall refer to the City
of Spokane Valley, and any reference to County staff or licensing officer shall refer to the City
Manager or designee. To the extent that Exhibit"A" refers to the City Council or other licensing
body, the City Council hereby designates and confers jurisdiction upon the Hearing Examiner to
hold hearings and render decisions on matters which relate to Chapter 7.80 entitled "Adult
Entertainment Establishments".
Section 4. 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
S:\Ordinances\Ordimince:No.36,trdult entertninrnent.doe
1
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 5. Effective Date. The Council declares that a public urgency and emergency exists
such that this ordinance must be immediately effective in order to preserve and protect the public
health, public safety, public property and public peace provided this ordinance is adopted by a
majority vote plus one of the whole membership of the City Council.
PASSED by the City Council this 9�%'day of March, 2003.
Mayor, Michael DeVle• ing
ATTEST:
c)9141-1-1 -'
Interim City Clerk, Ruth Muller
Approved As To Form:
•
1 er' 7 City • 'tor y, Stanle, M. Schwartz
Da e of Publicati: :
Effective Date: �/) ,:1003
S:\Qrdinince0.0rdinanct No.36,adult entertainmcnt.doc
•
7.80.010 Preamble. Page 1 of 2
Title 7 BU IN ES --RE LILATION,_LICEN ING AND TAXATION EXHIBIT "A'•
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.010 Preamble,
WHEREAS, the board of county commissioners of Spokane County, hereinafter"the board," is committed to
protecting the general welfare of the unincorporated areas of the county through the enforcement of laws
prohibiting obscenity, indecency and sexual offenses while preserving constitutionally protected forms of,
expression, and based upon public testimony and other evidence and information before it; and
WHEREAS, having made a detailed review of the national record, the record in the city of Spokane and the
state of Washington, and the conditions in the county of Spokane regarding live adult entertainment
establishments and adult entertainment establishments with arcades, hereinafter collectively referred to as
"adult entertainment establishments," the board has conducted an in depth study of the legal issues,
regulatory and licensing options, expenses, actions and ordinances utilized by other jurisdictions. Spokane
County finds that adult entertainment establishments require special supervision from the public safety
agencies of Spokane County in order to protect and preserve the health, safety and welfare of the patrons
and employees of such businesses as well as the citizens of Spokane County; and
WHEREAS, the board finds that concerns about crime and public sexual activity within the adult
entertainment establishments are legitimate, substantial and compelling concerns of the county which
demand reasonable regulation; and
WHEREAS, the board finds that adult entertainment establishments are frequently used for unlawful
activities including prostitution, sexually explicit conduct in a public place, lewdness, drug activity, use and
distribution of obscenity, and sexual exploitation of minors; and
WHEREAS, the board finds that adult entertainment establishments, due to their nature, have secondary
adverse impacts upon the health, safety and welfare of the citizenry through increases in crime and
opportunity for spread of sexually transmitted diseases; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the county
which demands reasonable regulation of adult entertainment establishments in order to protect the health
and well-being of the citizens of Spokane County; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of
adult entertainment establishments comply with reasonable regulations and to ensure that operators do not
knowingly allow their establishments to be used as places of illegal sexual activity or solicitation, while
providing to those who desire to operate or to patronize adult entertainment uses an opportunity to do so in
a secure environment; and
WHEREAS, there is convincing documented evidence that adult entertainment establishments, if not
appropriately regulated and licensed, have a detrimental effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality
of life and property values, and the spread of urban blight Reasonable regulation of these facilities will
provide for the protection of the community, protect residents, patrons and employees from the adverse
secondary effects of such arcade facilities; and •
WHEREAS, Licensing of managers and requiring their presence on the premises during all times when adult
entertainment is offered is necessary so that the individual responsible for the overall operation of the
establishment, including the actions of patrons, entertainers and other employees, will be available and
accountable at all necessary times; and
WHEREAS, licensing fees required herein are nominal fees imposed as necessary regulatory expenses
incurred by the county in regulating adult entertainment establishments; and
•
WHEREAS, locational criteria alone cannot adequately protect the health, safety and general welfare of the
citizens of this county; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First
Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution,
but to enact content neutral legislation which addresses the negative secondary impacts of adult
entertainment establishments; and
•
http:/fordlink-coml code.s/spokanecol_DAT A 1`[iTLE071Chapter_7_8J_ADULT_El TE TAI MENT 9/300003
7.80.010 Preamble. Page 2 of 2
WHEREAS, it is not the intent of the board to condone or legitimize the distribution of obscene material, and
the board recognizes that state and federal law prohibits the distribution of obscene materials; and
WHEREAS, the board at its duly advertised public hearing on November 4, 1997, considered the subject
matter of adult entertainment establishments within the unincorporated areas of the county of Spokane, at
which public hearing the board received comments from the public on that subject matter, which the board
believes to be true, and which, together with the findings heretofore set forth as the basis for the enactment
of Resolution No. 97-1052, form the basis for the adoption of this chapter; and
Pursuant to the authority granted by the Constitution and the legislature of the state of Washington, be it
enacted by the Spokane board of county commissioners the provisions of this Chapter 7.80. (Res. 97-1052
Attachment A(§ 1), 1997)
http:l/ordlink.cor /codes/spokaneco/_DA'T'A/TITLE07/Chaptcr_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.020 Findings. Page 1 of 2
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.020 Findings.
(a) Based upon a wide range of evidence presented to the board and that presented in other jurisdictions to
legislators and courts, including but not limited to the testimony of enforcement off cers, members of the
public, and based upon other evidence, information, publications, articles, studies, caselaw, and materials
submitted to and/or reviewed by the board and staff, the board finds that the commercial offering of adult
entertainment establishments containing live adult entertainment and/or arcade devices is a use which,
although afforded some constitutional protection in the material or performance to be viewed, often creates
or enhances undesirable secondary effects, which include a wide range of criminal and unlawful activities
that are detrimental to the public health, safety and welfare of Spokane County, which have regularly and
historically occurred within and around the adult entertainment facilities. These adverse secondary effects
are well documented in the national record.
The criminal activity complained of has included the following: narcotics and liquor law violations; breaches
of the peace; assaults; criminal activity involving illegal contact between patrons and between entertainers
and patrons; tax evasion; money laundering activity; sexually explicit conduct, acts of lewdness, and
indecent exposure; prostitution, patronizing a prostitute, promotion of prostitution; sale, promotion,
production, distribution, dissemination or display of obscenity or child pornography; soliciting, procuring,
aiding and abetting, employing, authorizing, or causing a sexual performance by a minor; indecent conduct
with a minor; communication with a minor for immoral purposes; sexual assault or rape; sexual solicitation,
molestation or exploitation of a minor; contributing to the delinquency of a minor; maintaining a moral
nuisance; having a minor on the premises of a commercial establishment where there are materials or
performances depicting specified anatomical areas or activities.
Adult entertainment facilities have engaged in practices which involve secreting ownership interests for the
purpose of skimming profits and avoiding the payment of taxes in the absence of regulations such as those
herein set forth. These hidden ownership interests have, on occasion, been held by individuals and entities
reputed to be involved in organized crime. In order for the county to effectively protect the public safety and
general welfare of its citizens and effectively allocate law enforcement resources, it is important that the
county be fully apprised of the actual operation of adult entertainment establishments, and identities and
backgrounds of persons responsible for management and control of the adult entertainment establishments.
Sexually oriented businesses of this nature have historically produced adverse secondary effects that are
often not controlled by the owners, operators, managers or personnel associated with the establishments.
Such persons, and persons previously convicted of a specified criminal activity, have demonstrated an
inability and/or unwillingness to maintain premises which are free from such adverse secondary effects. In
some instances, employees have been sanctioned by management for not cleaning up after patrons' sexual
contacts in the facilities. Used condoms are frequently present in adult arcade premises. Some adult arcade
facilities sell sexual devices which are then used on the premises. Masturbation and other sexual contacts
within the arcade stations or booths is a frequent occurrence in arcade facilities.
Much of the national legislative record is also documented in case law which has developed in Washington
State and around the nation. Ino Ino Inc. v. City of Bellevue, 132 Wn.2d 103 (1997) (Municipality's ordinance
regulating and licensing live adult entertainment facility is constitutionally valid; courts have recognized
government's substantial interest in curbing secondary effects of adult entertainment establishments.)
The Supreme Court of the United States has recognized that cities and states have a substantial
governmental interest in preserving the character of their neighborhoods, preventing the deterioration
therein, and that this reasoning is sufficient support for regulating adult entertainment establishments.
Renton v. Playtime Theater, Inc. 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct 925 (1986). In Renton, the Supreme
Court further expanded the ability of the legislative body to rely upon the experiences of other cities and the
notion of"legislative notice" to satisfy the requirement that the ordinance be narrowly tailored to achieve the
governmental interest. Renton, 106 S.Ct. at 930.
(b) Since 1985, the city of Spokane has been studying the issues attendant to adult entertainment facilities.
In 1993, the city of Spokane enacted a comprehensive ordinance licensing, regulating and setting
enforcement parameters for these facilities. Since that time the city of Spokane successfully defended many
littp://ordlink.com/codesispokanecoLDATA/TITLE07/Chapter_7_80 A DULT_F:NTERIAI NMENT... 9/30/2003
7.80.020 Findings. Page 2 of 2
challenges to its adult arcade ordinance. In developing and implementing its program, the city of Spokane
has worked with many cities, counties and law enforcement agencies around the country regarding the
adverse secondary effects associated with adult entertainment facilities containing arcade booths and the
best methods for addressing these secondary effects.
Ordinances regulating arcade booths are narrowly tailored if they allow for reasonable alternative avenues of
communication. Restrictions which require the booths be"open to an adjacent public room"are narrowly
tailored so long as the regulation "promotes a substantial governmental interest that would be achieved less
effectively absent the regulation." Mitchell v. Comm'n on Adult Entertainment Establishment, 10 F.3d 123,
137 (3rd Cir. 1993). Adult Entertainment v. Pierce County, 57 Wn. App. 435 (1990)(Arcade ordinance
requiring doors be removed is justified by the fundamental purpose of preserving the public health and
safety); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986)(Evidence submitted which indicated booths were
used for masturbation, fondling, and fellatio by patrons on the premises of the store); Wall Distributors, Inc.
v. Newport News, VA., 782 F.2d 1165 (4th Cir. 1986) (Ordinance reasonable because it will prevent
masturbation and related unsanitary conditions which occur in the adult arcade setting); Ellwest Stereo
Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982)(Anticipated health and safety problems associated
with adult arcade facility sufficient to justify ordinance).
Many other cities and counties have experienced the same adverse secondary effects as those which were
evident when the city of Spokane enacted its ordinance regulating and licensing adult arcade facilities. Much
of the national legislative record detailing adverse secondary effects stems from land use studies which
examined the effects of adult entertainment establishments. Even though many of the land use studies
conducted across the country and rejected in the caselaw resulted in zoning regulations, the record also
details facilities rampant with criminal activity and other adverse secondary effects, even after dispersal or
restrictive zoning has been put in place. So, although some jurisdictions have utilized zoning as a sole
method of minimizing the adverse secondary effects of these businesses, Spokane County finds that zoning
alone is not sufficient to control the adverse secondary effects which arise from the operation of such a
facility.As such, the resolution codified in this chapter seeks to supplement the efforts of the county's
resolution zoning adult entertainment establishments.
The following suits provide an overview of the efforts and results in the city of Spokane regarding the adult
arcade ordinance enacted in 1993. Book City, Inc. v. City of Spokane, Superior Court Cause No. 93-06099-2
(Constitutionality of ordinance upheld — appeal pending); Book City, Inc. v. City of Spokane, Superior Court
Cause No. 95-2-032987-0 (Writ of Review upholding denial of license —appeal pending); World Wide Video,
et al. v. City of Spokane, Superior Court Cause No. 95-2-02795-9(Upholding constitutionality under state
constitution, appeal pending); City of Spokane v. Book City&Walton, Municipal Court Cause No. P960034
(Successful prosecution of a corporation and an individual for hiring an underage dancer-- upheld on
appeal); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) (Constitutionality of ordinance
upheld under U.S. Constitution and finding no constitutional right to make a profit). Each action, the
supporting documentation, and trial materials and testimony are contained in the legislative record and are
herein incorporated by reference. It has been the experience of the city of Spokane that to be effective the
facilities must adhere to all facets of the ordinance, must actively self-monitor, and must work closely with
law and code enforcement personnel.
To maximize the benefit of the city's education and experience in this area, and to supplement the county's
resources to document the adverse secondary effects associated with adult entertainment facilities with
arcades, Spokane County worked very closely with numerous city of Spokane departments to ensure the
resolution codified in this chapter was responsive to the county's needs. A copy of the legislative record
utilized by the city of Spokane in enacting its ordinance, as well as a copy of the transcript of the public
hearing and a transcript of the testimony in Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir.
1996), are attached and incorporated as a part of this record. All other materials reviewed and relied upon,
whether attached as copies or not, and entities/persons contacted are also incorporated as a part of this
record.
(c) Similarly, prior to the enactment of this chapter the county of Spokane worked closely with the city of
Bellevue and other cities around the state in developing the portion of this resolution which seeks to license
and regulate live adult entertainment establishments. Specifically, the legislative record of two such cities,
the city of Bellevue, and the city of Federal Way, and the model"Proposed Senate Bill Regulating Live Adult
Entertainment"are incorporated in Spokane County's legislative record in support of this resolution.
The Spokane board of county commissioners, therefore, finds that the protection and the preservation of
public health, safety and welfare requires enactment of this chapter. (Res. 97-1052 Attachment A (§2),
1 997)
hup://ordlink.com/codes/spokaneco/_DATA/TTTLE07/Chaptcr_7_80_ADULT_ENTERTAINMEN 1"... 9/30/2003
7.80.030 Purpose. Page 1 of 1
Title 7 BUSINESS--REGULATION,_LICENSING_AND_TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.030 Purpose.
In the development and adoption of this chapter, the county recognized that there are adult entertainment
uses which, due to their very nature, have serious objectionable operational characteristics, particularly
when located in close proximity to residential neighborhoods and schools, thereby having a deleterious
impact upon the quality of life in the surrounding areas- It has been acknowledged by courts and
communities across the nation that state and local governmental entities have a special concern in
regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects
of the establishments are minimized.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of the
unincorporated areas of Spokane County through the regulation of the operations and licensing of the adult
entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this
chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any
constitutionally protected sexually oriented or explicit communicative materials, or communicative
performances. The regulations set forth herein are intended to prevent and control health, safety and welfare
issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to
prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed
as permitting or promoting obscene conduct or materials. (Res. 97-1052 Attachment A (§ 3), 1997)
http://ordl ink.com/codes/spokaneco/_DATATfITLE07/Chapter_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.040 Definitions. Page 1 of 3
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.040 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 activity, or live
adult entertainment in a booth setting. 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 to which a member of the public is invited or
admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture,
view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth
setting to a member of the public on a regular basis or as a substantial part of the premises activity.
"Adult arcade station"or"booth" means an enclosure where a patron, member,or customer would ordinarily
be positioned while using an adult arcade device or viewing a live adult entertainment performance,
exhibition, or dance in a booth. Adult arcade station or booth 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
activity, or live adult entertainment 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 or live adult entertainment, 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 chief administrative officer of Spokane County or his/her designee.
"Licensing administrator' means the director of the division of building and planning of Spokane County and
his/her designee and is the person designated to administer this chapter.
"Liquor" means all beverages defined in RCW Section 66.04.200.
"Live adult entertainment" means:
(1) 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";
(2)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":
(A) Human genitals in a state of sexual stimulation or arousal,
(B) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality,
http://ordlink.com/codes/spokaneco/_DATA/TITLE07/Chapter_7_80 A DULT_ENTERTAAINMENT... 9/30/2003
7.80.040 Definitions. Page 2 of 3
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or
(3)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 in an arcade booth 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
include arcade booths 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 of the door frame
of an arcade booth or station, with the exception of a door which is completely transparent and constructed
of safety glass as specified in the Uniform Building Code, so that the activity and occupant inside the,
enclosure are fully and completely visible by direct line of sight to the manager located at the manager's
station which shall be located at the main entrance way to the public room.
"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:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
(2) A penetration of the vagina or anus, however slight, by an object; or
(3) A contact between persons involving the sex organs of one person and the mouth or anus of another, or
(4) Masturbation, manual or instrumental,of oneself or of one person by another; or
(5) 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:
(1) Human genitals in a state of sexual stimulation or arousal;
(2)Acts of human masturbation, sexual intercourse, sodomy, oral copulation,or bestiality; or
(3) 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:
(1)The sale, lease or sublease of the business;
(2)The transfer of securities that constitute a controlling interest in the business,whether by sale, exchange,
or similar means;
(3)The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of
the business; or
(4)Transfer by bequest or other operation of law upon the death of the person possessing the ownership or
control. (Res. 97-1052 Attachment A (§ 4), 1997)
http://ordlink.com/codes/spokaneco/_DATAMTLE07IChapter_7_80 ADUULENTERTAINMENT... 9/30/2003
7.80.040 Definitions. Page 3 of 3
http://ordlink.com/codes/spokaneco/ DATA/TITLEO7/Chapter_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.050 License required. Page 1 of 1
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.050 License required.
(a)A person may not conduct, manage or operate an adult entertainment establishment unless the person is
the holder of a valid and subsisting license from Spokane County.
(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 and subsisting license from Spokane County.
(d)A manager may not work in an adult entertainment establishment unless the person is the holder of a
valid and subsisting license from Spokane County. (Res. 97-1052 Attachment A(§ 5), 1997)
http://ordlink.com/codes/spokancco/ DATA/TITLE07/Chapter_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.060 License prohibited to certain classes. Page 1 of 1.
I.
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.060 License prohibited to certain classes.
No license shall be issued to:
(a)A natural person who has not attained the age of twenty-one years, except that a license may be issued
to a person who has attained the age of eighteen 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;
(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. (Res. 97-1052 Attachment A(§6), 1997)
http:/lord l i nk.com/codeslspokaneco/_DATA/TTTLE07/Chapter_7_80_ADULT_ENTERTANMENT... 9/30/2003
7.80.070 Applications. Page 1 of 3
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.070 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 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 address,
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, including a
motion picture theater, or a panoram, from Spokane County, 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 Spokane County, 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 or 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, arcade booths or devices, overhead lighting fixtures, and service areas shall be clearly
marked on the drawing. An application for a license for an adult entertainment establishment must include
building plans which demonstrate conformance with Spokane County 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 Spokane County Code. 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 the
administrator's designee. Approval for such enlargement may only be granted if the premises and proposed
http://ordl ink.com/codes/spokaneco/_DATAP11TLE07/Chapter_7_80_ADULT_ENTERTANMENT... 9/30/2003
7.80.070 Applications. Page 2 of 3
enlargement first meet the qualifications and requirements of the Spokane County Code, or 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 twenty-one
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 an adult entertainment device under a designation or at location not
specified on the license.
(8) Upon receipt of the complete application and fee, the licensing administrator shall provide copies to the
sheriff, fire, and building 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 fifteen 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 is 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 sheriff, fire, and building and planning
departments shall recommend denial of a license under the subsection if it finds 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 Spokane County Zoning
Code Sections 14.626.210(4) and 14.628.210(6) unless otherwise exempt.
(10) The exterior design and/or signs of the adult entertainment establishment must meet the requirements
set forth in the Spokane County Zoning Code Sections 14.804.040 and 14.804.120.
(11)The licensing administrator shall issue an adult entertainment establishment license within thirty
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 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
http://ordlink.com/codes/spokaneco/_DATA/TITLE07/Chapter_7_80 ADULT_ENTERTAINMENT... 9/30/2003
7.80.070 Applications. Page 3 of 3
licensing administrator fails to issue or deny the license within thirty 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 twenty 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 device license applicants:
(1) It is unlawful to exhibit or display to the public any adult arcade device or device license upon any adult
arcade establishment without first obtaining a license for each such device for a specified location or
premises from Spokane County, 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 booth, in a
conspicuous place. (Res. 97-1052 Attachment A(§ 7), 1997)
http://ordl ink.con>/codes/spokaneco/_DATA/TITLE07/Chapter_7_80_ADULT_LNTERTAINMENT... 9/30/2003
7.80.080 Adult entertainment establishment manager and entertainer licenses. Page 1 of 2
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION.
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.080 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 sheriffs
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 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 sheriffs department(or such other entity as authorized by the sheriff's department or licensing
administrator), social security number, and any stage names or nicknames used in entertaining;
(2) The name and address of each establishment at which the applicant intends to work;
(3) Documentation that the applicant has attained the age of eighteen 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 States 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;
(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 Spokane County, 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 Spokane County, 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 42.17. 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 an adult entertainment establishment manager's or entertainer's
license within fourteen 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 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 therefor,
http://ordlink.com/codes/spokanecol_17 ATArI'I"hLE07/Chapter_7_80_ADULT_EN1"ERTAfNMENT... 9/30/2003
7.80.080 Adult entertainment establishment manager and entertainer licenses. Page 2 of 2
including applicable laws.
(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 fourteenth 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 twenty calendar days. (Res. 97-
1052 Attachment A(§ 8), 1997)
http://ordlink.com/codes/spokaneco/ DATA/TITLE07/Chapter_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. Page 1 of 3
Title 7 BUSINESS-REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.090 Standards of conduct and operation of adult entertainment establishments and
personnel.
(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 eighteen 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 public
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 manager on duty on the 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 Section 7.80.040
of this chapter or the sexual conduct described in RCW Section 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 eighteen 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 eighteen years to be in or upon the premises whether as an owner,
http://ordlink.com/codeslspokaneco/ DATA/TITLl107/Chapter_7_80_ADULT_ENTER1'AfNMENT... 9/30/2003
7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. Page 2 of 3
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, nor any photograph, drawing, sketch or other pictorial or graphic representation
of the performance,displaying any portion of the breasts below the top of the areola or any portion of the
pubic hair, buttocks, genitals, and/or anus 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, that 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.
(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 booth walls or one foot from the bottom of booth walls. There may not be any other
holes or openings between the booths.
(6) No adult arcade booth or station may be occupied by more than one person at any time.
(7) There must be permanently posted and maintained in at least two conspicuous locations on the interior
of all adult arcade premises a sign stating substantially the following:
OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON.
THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR 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) Doors to areas of the adult entertainment establishment which are available for use by persons other
than the owner, manager, operator, or their agents or employees, may not be locked during business hours.
(9) No person may 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.
(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 manager licensed
under this chapter shall be provided for each public or performance area or portion of a public or
http://ordlink.coml codes/spokaneco/ DATA/TITLE07/Chapter_7_80_ADULT_ENTERTAINh4ENT... 9/30/2003
7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. Page 3 of 3
performance area visually separated from other portions of the adult entertainment establishment. All adult
arcade stations or booths must open to the public room so that the area and occupant inside the booths are
fully and completely visible by direct line of sight to the manager located at the manager's station which shall
be located at the main entrance way to the public room containing the arcade stations or booths. No curtain,
door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may
obscure in any way the manager's view of any portion of the activity or occupant 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. (Res. 97-1052
Attachment A (§ 9), 1997)
http://ordlink.com/codesispokaneco/_DATA/TITLE07/Chapter_7_80 ADU LT_ENTERTAII'TMENT... 9/30/2003
7.80.100 Premises--Specifications.. Page 1 of 2
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION.
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.100 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 eighteen 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 cubicles, rooms or stalls 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 or booths must open to
the public room so that the area and occupant inside the booths are fully and completely visible by direct line
of sight to the manager located at the manager's station which shall be located in the main entrance way to
the public room containing the arcade stations or booths. No curtain, door,wall, merchandise, display rack,
or other nontransparent enclosure, material, or application may obscure in any way the manager's view of
any portion of the activity or occupant of the adult arcade station or booth, or the performance area.
(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
thirty lux horizontal, measured at thirty inches from the floor and on ten-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 SPOKANE
COUNTY. 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.
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 county ordinances, the laws of the United States and of the state of Washington. The
http://ordlink.comlcodes/spokaneco/_DATAI T1TLE07/Chapter_7_80__ADULT_L NTERTAINMENT... 9/30/2003
7.80.100 Premises--Specifications. Page 2 of 2
premises must meet the requirements of all applicable laws, ordinances, and regulations including but not
limited to the Uniform Building Code, and the Spokane County 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 county
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. (Res. 97-1052 Attachment A(§ 10), 1997)
http://ordlink.comlcodesl spokaneco/_DATA/TITLE07/Chaptcr_7_80_ADU LT_ENTERTAINrMENT... 9/30/2003
7.80.1 10 License fees, term, expiration, assignment, and renewals. Page 1 of 2
Title 7 BUSINESS_-REGULATION,_LICENSING AND TAXATION
Chapter 7,80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.110 License fees, term, expiration, assignment, and renewals.
(a)A license issued under this chapter expires on the thirty-first 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 thirty calendar days before the expiration for an adult entertainment
establishment license, and no later than fourteen calendar days before the expiration for an adult
entertainment establishment manager's and entertainer's licenses. 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 I Percent of
Past Due License Fee
7-30 25%
31-60 50%
61 and over 75%
(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 as follows:
Live Adult Entertainment
Establishment License: $1,500.00
Adult Arcade Entertainment
Establishment License: 1,500.00
Adult Arcade Device License: 1150.00
Adult Entertainment
Establishment
Manager License: 150.00
Adult Entertainment
Establishment
Entertainer License: 1150.00
http:/lord l i nk.com/codes/spokaneco/_DATA/TITLE07/Chapter_7_80__ADULT_ENTERTAINM ENT... 9/30/2003
7.80.110 License fees, term, expiration, assignment, and renewals. Page 2 of 2
(e)Adult entertainment establishments which offer both live adult entertainment and adult arcade devices or
stations/booths 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 configuration 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. (Res. 97-1052 Attachment A(§
11), 1997)
http://ordlink.com/codes/spokaneco/ DATA/TITLE07/Chapter_7_80_ADULT ENTERTATNM.ENT... 9/3012003
7.80.120 Licensing compliance with other county ordinances. Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT_ENTERTAINMENT ESTABLISHMENTS
7.80.120 Licensing compliance with other county ordinances.
All required county approvals and/or licenses other than those specifically set forth herein are separate from
the licensing process set forth in this chapter. The granting of any license or any approval pursuant to this
chapter shall not be deemed to be an approval of any county license or requirement not specifically set forth
in this chapter. (Res. 97-1052 Attachment A (§ 12), 1997)
http://ord1ink.com/codes/spokaneco! DATA/TITLE07/Chapter_7_80_ADULT_ENTE.RTAINMENT... 9130!2003
7.80.130 License suspension and revocation--Hearing. Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.130 License suspension and revocation--Hearing.
(a) The licensing administrator may, upon the recommendation of the sheriff, the sheriff's designee, or on its
own determination, and as provided in subsection(b)of this section, suspend or revoke any license issued
under the provisions of this chapter:
(1) If the license was procured by fraud or false representation of fact;
(2) For the violation of, or failure to comply with the provisions of this chapter by the licensee or by the
licensee's servant, agent or employee when the licensee knew or should have known of the violations
committed by the servant, agent or employee;
(3) For the conviction of the licensee of a crime or offense involving prostitution, promoting prostitution, a
liquor law violation or transaction involving controlled substances as defined in RCW Chapter 69.50, or a
violation of RCW Chapter 9.68 or 9.68A committed on the premises, or the conviction of the licensee's
servant, agent or employee of a crime or offense involving prostitution, promoting prostitution, liquor law
violations or transactions involving controlled substances as defined in RCW Chapter 69.50, or a violation of
RCW Chapter 6.68A committed on the premises in which his or her adult entertainment establishment is
conducted when the licensee knew or should have known of the violations committed by the servant, agent
or employee. A license may be suspended or revoked under this subsection only if the conviction occurred
within twenty-four months of the date of the decision to suspend or revoke the license.
(b)The licensing administrator shall revoke a license procured by fraud or misrepresentation. If another
violation of this chapter or other applicable ordinance, statute or regulation is found, the license must be
suspended for a period of thirty calendar days upon the first such violation, ninety days upon the second
violation within a twenty-four-month period, and revoked for a third and subsequent violation within a twenty-
four-month period, not including a period of suspension. A licensee whose license has been revoked is not
eligible to re-apply for a license for a period of one year following the date the decision to revoke becomes
final.
(c)The licensing administrator shall provide at least ten calendar days prior written notice to the licensee of
the decision to suspend or revoke the license stating the reasons for the decision to suspend or revoke. The
notice must inform the licensee of the right to appeal the decision to the designated hearing examiner and
must state the effective date of the suspension or revocation.
(d) If the building official or fire department or the county health department find that a condition exists upon
the premises of an adult entertainment establishment that constitutes a threat of immediate serious injury or
damage to person or property, the official may immediately suspend any license issued under this chapter
pending a hearing in accordance with subsection (c)of this section. The official shall issue a notice setting
forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to
persons or property, and informing the licensee of the right to appeal the suspension to the designated
hearing body under the same appeal provisions set forth in Section 7.80.140. However, a suspension based
on threat of immediate serious injury or damage may not be stayed during the pendency of the appeal. (Res.
97-1052 Attachment A (§ 13), 1997)
hap://ordlink.com/codesispokaneco/_DATA/TITLE07/Chapter_7_80 ADULT_ENTERTAINMENT... 9/30/2003
7.80.140 Appeals. Page 1 of 3
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.140 Appeals.
(a)Any applicant or licensee may appeal the decision of the licensing administrator refusing to issue or
renew a license, or to suspend or revoke a license, under this chapter to the hearing examiner, by filing a
written notice of appeal with the licensing administrator within ten calendar days of issuance of the notice of
such action by the licensing administrator. The hearing examiner shall conduct the hearing within thirty
calendar days following the filing of the notice of appeal of any decision refusing to issue or renew a license,
or within forty-five calendar days following the filing of the notice of appeal of any decision to suspend or
revoke a license. The hearing examiner shall provide at least fourteen calendar days written notice of
hearing to the appellant and the sheriffs department. At the hearing, the appellant and other interested
parties may be heard and submit evidence, subject to the rules of procedure adopted for the hearing
examiner pursuant to county resolution. The hearing examiner shall render his/her decision in writing,
supported by findings of fact and conclusions, within fifteen calendar days of the close of the appeal hearing. .
(b)Any person of record, including the Spokane County sheriff, aggrieved by the written decision of the
hearing examiner rendered under subsection (a) of this section may file an appeal in writing with the board
of county commissioners (board)within ten calendar days of the date of the written decision by the hearing
examiner. All appeals shall be accompanied by a two-hundred-twenty-five-dollar appeal fee. Upon receipt of
a written appeal and payment of the appeal fee, the appeal shall be forwarded to the hearing examiner. All
written appeals shall be on a form available in the office of the board and shall include the following
information:
(1)The name and mailing address of the appellant, and the appellant's attorney, if any;
(2) Identification of the hearing examiner, together with a copy of the decision of the hearing examiner being
appealed;
(3) Facts demonstrating that the appellant is both a party of record and a party aggrieved by the decision
being appealed;
(4)A separate and concise statement of each error alleged to have been committed; and
(5)A concise statement of facts upon which the appellant relies to sustain the statement of error.
(c)The board shall not consider any new facts or evidence on a matter appealed to them; provided,
additional evidence regarding the following items shall be admissible:
(1) Grounds for disqualification of the hearing examiner that made the decision, where such grounds were
unknown by the appellant at the time the record was created;
(2) Matters that were improperly excluded from the record after being offered by a party to the hearing
before the examiner; and
(3) Matters that were outside the jurisdiction of the examiner. The board may require or permit corrections of
ministerial errors or inadvertent omissions in the preparation of the record.
(d)The appellant shall be required to pay all costs incurred by the hearing examiner in preparing the record
for the hearing(s) held by the hearing examiner, and the cost of preparing six copies of such record as
hereafter specified. Within three business days of the filing of the appeal with the board, the appellant shall
pay a deposit of one hundred dollars to the office of hearing examiner as a condition precedent to the
hearing examiner's preparation of such record and copies. Within three business days of being notified by
the hearing examiner that the record has been prepared, the appellant shall reimburse the hearing examiner
for the costs incurred by the hearing examiner in preparing such record and copies in excess of the deposit
paid by the appellant, or shall be refunded any amount paid by the appellant in excess of such costs. The
appeal may be dismissed by the board if the appellant fails to comply with subsection (a)or(b) of this
section.
(e)The hearing examiner shall cause preparation of a certified record of the hearing(s) before the examiner,
including a verbatim transcript of the hearing(s)and a copy of all documents in the record,within fourteen
working days of receiving the one-hundred-dollar deposit for the same. If the hearing examiner, the
appellant and other parties of record agree, or upon order of the board, the verbatim transcript and
http://ordlink.com/codes/spokaneco/_DATATITILE07/Chaptcr_7_80 ADULT_ENTERTAINM ENT... 9/30/2003
7.80.140 Appeals. . ... Page 2 of 3
documents in the record may be shortened or summarized to avoid reproduction and transcription of
portions of the record that are duplicative or irrelevant to the issues to be reviewed by the board. The
hearing examiner shall also prepare within such fourteen-day period a total of six copies of the official
certified record, including one for each board member, one for the appellant, one for the prosecuting
attorney's office and one for the county sheriff. Upon completion of the certified record and required copies,
and payment of the costs owing for the same by the appellant, the hearing examiner shall promptly forward
the certified record to the clerk of the board, and provide copies of the record to those entitled. Other parties
of record may obtain copies of the record for the cost of reproduction.
(1)At the next regular meeting of the board following receipt of the certified record from the hearing
examiner, the board shall schedule a date at which it shall consider the appeal. Such date shall not be
earlier than thirty-five days from the board's receipt of the certified record. Notice of the meeting at which the
board will set the date of the hearing need not be provided by the board to the appellant or other parties of
record. The appellant or other parties of record may address the matter of setting an appeal date either by
appearing in person at the meeting or by filing a letter with the board prior to the meeting. Upon the board
setting a date for consideration of the appeal, the clerk of the board shall give notice of the time, place and
date of such consideration to all parties of record by mailing notice to such parties at their addresses
contained in the record or filed with the board.
(g)The appellant and any other party of record may file a memorandum in support of the appeal with the
clerk of the board, provided it is filed no later than twelve p.m. on the second Friday preceding the date set
for consideration of the appeal. The respondent and any other party of record may file a response
memorandum with the clerk of the board, provided it is filed by twelve p.m. on the Friday immediately
preceding the date for consideration of the appeal. The memorandums filed shall not contain any new facts
or evidence or discuss any matter outside the record, except as provided in subsection (c)of this section.
Any memorandum containing information in violation of this subsection will either be stricken or have such
information stricken from the memorandum by the board and not considered.
(h)All parties of record desiring to make oral argument to the board have the obligation to communicate with
other parties of record to align themselves either in support of or in opposition to the appeal, and shall
attempt to reach agreement for the selection of a common speaker or to allocate the time allowed between
them. The board, acting through its chair, will allow the appellant and other parties of record in support of the
appeal up to thirty minutes to make oral argument in support of the appeal, answer questions by the board
and rebut the arguments of those opposed to the appeal. Following the argument(s) in support of the
appeal, the chair will allow the respondent(s) up to twenty minutes to make argument, respond to the
questions from the board and rebut the arguments of those in favor of the appeal. This subsection
authorizes the presentation of argument only, to persuade the board that a particular conclusion follows
logically from the law or evidence in the record, and that the record or the law does not support the findings
or decision of the hearing examiner, but does not authorize the presentation of any new evidence or facts.
(i)The board shall review the record and such supplemental evidence as permitted under subsection(c) of
this section. The board may reverse, modify or remand the decision of the hearing examiner only if the
appellant has met the burden of establishing one of the following standards for relief:
(1)The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the
error was harmless;
(2)The hearing examiner's decision is an erroneous interpretation of the law, after allowing for such
deference as is due the construction of the law by a local jurisdiction with expertise;
(3) The hearing examiner's decision is not supported by evidence that is substantial when viewed in light of
the entire record;
(4)The hearing examiner's decision is a clearly erroneous application of the law to the facts; or
(5)The hearing examiner's decision is outside the authority or jurisdiction of the examiner. The board may
also remand the hearing examiner's decision for further proceedings if the appellant seeks to enter
information outside the record that was not previously available for reasons beyond the control of that party,
and such information if admitted would more than likely affect the outcome of the appeal. If the board
reverses, modifies or remands the decision of the hearing examiner, it shall set forth in its written order its
findings and conclusions justifying such action.
(j)The clerk of the board shall mail a copy of the board's written decision to the appellant and other parties
of record before the board, which decision shall include a statement regarding appeal rights. Any party of
record before the board aggrieved by the board's decision may appeal such decision to the superior court by
filing a writ of certiorari, prohibition or mandamus pursuant to RCW 7.16 et seq.within twenty days of the
http://ordlink.com/codes/spokaneco/_DATAJTITLE07/Chaptcr_7_80 ADULT_ENTERTA INMENT... 9/30/2003
7.80.140 Appeals. Page 3 of 3
date the decision by the board was mailed to the appellant.
(k)The decision by the licensing administrator, hearing examiner or the board to deny the renewal of a
license, upholding the denial of a license, suspending or revoking a license, or upholding the suspension or
renewal of a license must be stayed during the pendency of an appeal pursuant to RCW 7.16 et seq., except
as provided in subsection (d) of Section 7.80.130. (Res. 97-1052 Attachment A(§ 14), 1997)
http://ordlink.com/codes/spokaneco/_DATA/TITLE07/Chapter_7_80 ADULT_ENTERTAINMENT... 9/30/2003
7.80.1 50 Notices. Page 1 of 1
Title 7 BUSINESS—REGULATION,.LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.150 Notices.
(a)Any notice required or permitted to be given by the licensing administrator, hearing examiner, or any
other county office, division, department, or other agency under this chapter to any applicant, licensee,
operator, owner, or manager of an adult entertainment facility or arcade device shall be given, either by
personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to
the most recent address as specified in the application for the license, or transfer application which has been
received by the licensing administrator, or any notice of address change which has been received by the
licensing administrator. Notices mailed as above shall be deemed given upon their deposit in the United
States mail. In the event that any notice given by mail is returned by the postal service, the licensing
administrator or his/her designee shall cause it to be posted at the principal entrance to the establishment.
(b) Any notice required or permitted to be given to the licensing administrator or hearing examiner by any
person under this chapter shall not be deemed given until and unless it is received in the respective office.
(Res. 97-1052 Attachment A(§ 15), 1997)
http://ordlink.corrm/codes/spokaneco/ DATA/TITLE 07/Chapter_7_80__ADULT_ENTER'I'AINMENT... 9/30/2003
7.80.1 60 Liquor regulations. Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80.ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.160 Liquor regulations.
Any license issued under this chapter shall be subject to 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. (Res. 97-1052 Attachment A(§ 16), 1997)
http://ordl ink.com/codes/spokaneco/_DATATIITLE07/Chapter_7_80 A DU L.T_l NTERTA INM ENT... 9/30/2003
7.80.170 Violation a misdemeanor. 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION.
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.170 Violation a misdemeanor.
A person violating this chapter is guilty of a misdemeanor. Any person violating any of the provisions in 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 the
sheriff or duly appointed agent thereof. (Res. 97-1052 Attachment A(§ 17), 1997)
http://ordlink.com/codes/spokaneco/_DATA'ITLE07/Chapter_7_80_ADULT_ENTERTAINMENT... 9/30/2003
7.80.180 Code violations and enfcr'tment. Page 1 of 1
Title 7 BUSINESS-REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.180 Code violations and enforcement.
The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether
civil or criminal, are cumulative and in addition to any other remedy provided by law. (Res. 97-1052
Attachment A(§ 18), 1997)
httpJlordlink.corn/codes/spokanecol_DATAMTLE07/Chapter_7_80_ADULT_i~'NTERTA INMENT... 9/30/2003
7.80.190 Conflicting sections or p-„ ,sions. Page 1 of 1
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.190 Conflicting sections or provisions.
In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter
and those set forth elsewhere in the County Code, the sections and provisions of this chapter govern and
supersede those set forth elsewhere. (Res. 97-1052 Attachment A (§ 19), 1997)
httpa/ordlink.comf codes/spokaneco/_DAT AMTLE07/Chapter_7_80_ADULT_ENTF RTAINMENT... 9/30/2003
7.80.200 Time frame for compliance.of nonconforming adult entertainment establishments. Page 1 of 1
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.200 Time frame for compliance of nonconforming adult entertainment establishments.
Any adult entertainment establishment lawfully operating on the effective date of this chapter that is in
violation of the configuration or operational requirements of this chapter is a nonconforming use. The
nonconforming use is permitted to continue for a period not to exceed ninety calendar days, unless sooner
terminated for any reason or voluntarily discontinued for a period of thirty calendar days or more. Such
nonconforming uses may not be increased, enlarged, extended or altered except that the use may be
changed to a conforming use pursuant to the procedures set forth in this chapter. (Res. 97-1052 Attachment
A (§ 20), 1997)
http://ordlink.com/codes/spokaneco/ DATA/TITLE07/Chapter_7_80_ADULT ENTERTAINMENT... 9/30/2003
7.80.210 Chapter not intended towards particular group or class. Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.210 Chapter not intended towards particular group or class.
(a) It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general
public, and not to create or otherwise establish or designate any particular class or group of persons who will
or should be especially protected or benefited by the terms of this chapter.
(b) Nothing contained in this chapter is intended or shall be construed to create or form the basis for any
liability on the part of the county or its officers, employees,or agents for any injury or damage:
(1) Resulting from the failure of any owner, operator, manager, or other person in the adult entertainment
establishment to comply with the provisions of this chapter;
(2) By reason or in consequence of any inspection, notice, order, certificate, permission, or approval
authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter;
or
(3) By reason of any action or inaction on the part of the county related in any manner to the implementation
or enforcement of this chapter by its officers, employees or agents. (Res. 97-1052 Attachment A(§21),
1997)
http://ordlink.cornl codes/spokaneco!_DATA/ ITLE07/Chapter_7_80_ADULT_ENTERTAlNMENT... 9/3012003
7.80.220 Liberal construction. Page 1 of 1
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.220 Liberal construction.
This chapter shall be deemed to be an exercise of the police power of Spokane County to preserve the
public health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of
that purpose, (Res. 97-1052 Attachment A (§ 22 (part)), 1997)
http://ordlink.com/codes/spokaneco/_DATA/T1TLE07/Chapter_7_80_ADULT ENTERTAINMENT... 9/30/2003
7.80.230 Moral nuisance. Page 1 of 1
Title 7 BUSINESS—REGULATION, LICENSING AND TAXATION
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.230 Moral nuisance.
An adult entertainment establishment operated, conducted or maintained contrary to the provisions of RCW
Chapter 7.48, Moral Nuisance, is unlawful and a public and moral nuisance and the prosecuting attorney
may, in addition to or in lieu of any other remedies in this chapter, commence an action or actions, to abate,
remove and enjoin the public and moral nuisance, or impose a civil penalty, in the manner provided by RCW
Chapter 7.48A. (Res. 97-1052 Attachment A (§ 22 (part)), 1997)
http://ordlink.corn/codes/spokaneco/ DATA/TITLE07/Chapter_7_80_ADULT ENTERTAINMENT"... 9/30/2003
7.80.240 Additional enforcement. . ., Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION.
Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.240 Additional enforcement.
The remedies found in this chapter are not exclusive, and the county may seek any other legal or equitable
relief, including but not limited to enjoining an act or practice that constitutes or will constitute a violation of
the provisions in this chapter. (Res. 97-1052 Attachment A (§ 24), 1997)
•
hitp://ordlink.corn/codes/spokaneco/_DATA/TITLE07/Chapter_7_80_ADULT ENTERTAINMENT... 9/30/2003
7.80.250 Severability. Page 1 of 1
Title 7 BUSINESS--REGULATION, LICENSING AND TAXATION
Chapter 7.80.ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.250 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of
the chapter as a whole, or any other portion thereof, or the application of the provision to other persons or
circumstances is not affected. (Res. 97-1052 Attachment A(§ 25), 1997)
http:/lordl ink.eom/codes/spokaneco!_DATA/TITLE07/Chapter_7_80_A DULT_ENTERTAINMENT... 9/30/2003
Exhibit A to SVMC 5.10(Ordinance 36)
EXHIBIT "A" to SVMC 5.10 (Ordinance 36)
SPOKANE COUNTY CODE
CHAPTER 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS
7.80.010 Preamble.
WHEREAS, the board of county commissioners of Spokane County, hereinafter "the board," is
committed to protecting the general welfare of the unincorporated areas of the county through the
enforcement of laws prohibiting obscenity, indecency and sexual offenses while preserving
constitutionally protected forms of expression, and based upon public testimony and other
evidence and information before it; and
WHEREAS, having made a detailed review of the national record, the record in the city of Spokane
and the state of Washington, and the conditions in the county of Spokane regarding live adult
entertainment establishments and adult entertainment establishments with arcades, hereinafter
collectively referred to as "adult entertainment establishments,' the board has conducted an in
depth study of the legal issues, regulatory and licensing options, expenses, actions and ordinances
utilized by other jurisdictions. Spokane County finds that adult entertainment establishments
require special supervision from the public safety agencies of Spokane County in order to protect
and preserve the health, safety and welfare of the patrons and employees of such businesses as
well as the citizens of Spokane County; and
WHEREAS, the board finds that concerns about crime and public sexual activity within the adult
entertainment establishments are legitimate, substantial and compelling concerns of the county
which demand reasonable regulation; and
WHEREAS, the board finds that adult entertainment establishments are frequently used for
unlawful activities including prostitution, sexually explicit conduct in a public place, lewdness, drug
activity, use and distribution of obscenity, and sexual exploitation of minors; and
WHEREAS, the board finds that adult entertainment establishments, due to their nature, have
secondary adverse impacts upon the health, safety and welfare of the citizenry through increases
in crime and opportunity for spread of sexually transmitted diseases; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the
• county which demands reasonable regulation of adult entertainment establishments in order to
protect the health and well-being of the citizens of Spokane County; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that
operators of adult entertainment establishments comply with reasonable regulations and to ensure
that operators do not knowingly allow their establishments to be used as places of illegal sexual
activity or solicitation, while providing to those who desire to operate or to patronize adult
entertainment uses an opportunity to do so in a secure environment; and
WHEREAS, there is convincing documented evidence that adult entertainment establishments, if
not appropriately regulated and licensed, have a detrimental effect on both the existing businesses
around them and the surrounding residential areas adjacent to them, causing increased crime, the
downgrading of quality of life and property values, and the spread of urban blight. Reasonable
regulation of these facilities will provide for the protection of the community, protect residents,
patrons and employees from the adverse secondary effects of such arcade facilities; and
WHEREAS, licensing of managers and requiring their presence on the premises during all times
when adult entertainment is offered is necessary so that the individual responsible for the overall
operation of the establishment, including the actions of patrons, entertainers and other employees,
will be available and accountable at all necessary times; and
Spokane County Code 7.80 Adult Entertainment Page 1 of 22
•
Exhibit A to SVMC 5.10(Ordinance 36)
•
WHEREAS, licensing fees required herein are nominal fees imposed as necessary regulatory
expenses incurred by the county in regulating adult entertainment establishments; and
WHEREAS, locational criteria alone cannot adequately protect the health, safety and general
welfare of the citizens of this county; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the
First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State
Constitution, but to enact content neutral legislation which addresses the negative secondary
impacts of adult entertainment establishments; and
WHEREAS, it is not the intent of the board to condone or legitimize the distribution of obscene
material, and the board recognizes that state and federal law prohibits the distribution of obscene
materials; and
WHEREAS, the board at its duly advertised public hearing on November 4, 1997, considered the
subject matter of adult entertainment establishments within the unincorporated areas of the county
of Spokane, at which public hearing the board received comments from the public on that subject
matter, which the board believes to be true, and which, together with the findings heretofore set
forth as the basis for the enactment of Resolution No. 97-1052, form the basis for the adoption of
this chapter; and pursuant to the authority granted by the Constitution and the legislature of the
state of Washington, be it enacted by the Spokane board of county commissioners the provisions
of this Chapter 7.80. (Res. 97-1052 Attachment A(§ 1), 1997)
7.80.020 Findings.
(a) Based upon a wide range of evidence presented to the board and that presented in other
jurisdictions to legislators and courts, including but not limited to the testimony of enforcement
officers, members of the public, and based upon other evidence, information, publications, articles,
studies, caselaw, and materials submitted to and/or reviewed by the board and staff, the board
finds that the commercial offering of adult entertainment establishments containing live adult
entertainment and/or arcade devices is a use which, although afforded some constitutional
protection in the material or performance to be viewed, often creates or enhances undesirable
secondary effects, which include a wide range of criminal and unlawful activities that are
detrimental to the public health, safety and welfare of Spokane County, which have regularly and
historically occurred within and around the adult entertainment facilities. These adverse secondary
effects are well documented in the national record.
The criminal activity complained of has included the following: narcotics and liquor law violations;
breaches of the peace; assaults; criminal activity involving illegal contact between patrons and
between entertainers and patrons; tax evasion; money laundering activity; sexually explicit
conduct, acts of lewdness, and indecent exposure; prostitution, patronizing a prostitute, promotion
of prostitution; sale, promotion, production, distribution, dissemination or display of obscenity or
child pornography; soliciting, procuring, aiding and abetting, employing, authorizing, or causing a
sexual performance by a minor; indecent conduct with a minor; communication with a minor for
immoral purposes; sexual assault or rape; sexual solicitation, molestation or exploitation of a
minor; contributing to the delinquency of a minor; maintaining a moral nuisance; having a minor on
the premises of a commercial establishment where there are materials or performances depicting
specified anatomical areas or activities.
Adult entertainment facilities have engaged in practices which involve secreting ownership
interests for the purpose of skimming profits and avoiding the payment of taxes in the absence of
regulations such as those herein set forth. These hidden ownership interests have, on occasion,
been held by individuals and entities reputed to be involved in organized crime. In order for the
county to effectively protect the public safety and general welfare of its citizens and effectively
•
Spokane County Code 7.80 Adult Entertainment Page 2 of 22
Exhibit A to SVNIC 5.10 (Ordinance 36)
allocate law enforcement resources, it is important that the county be fully apprised of the actual
operation of adult entertainment establishments, and identities and backgrounds of persons
responsible for management and control of the adult entertainment establishments.
Sexually oriented businesses of this nature have historically produced adverse secondary effects
that are often not controlled by the owners, operators, managers or personnel associated with the
establishments. Such persons, and persons previously convicted of a specified criminal activity,
have demonstrated an inability and/or unwillingness to maintain premises which are free from such
adverse secondary effects. In some instances, employees have been sanctioned by management
for not cleaning up after patrons' sexual contacts in the facilities. Used condoms are frequently
present in adult arcade premises. Some adult arcade facilities sell sexual devices which are then
used on the premises. Masturbation and other sexual contacts within the arcade stations or booths
is a frequent occurrence in arcade facilities.
Much of the national legislative record is also documented in case law which has developed in
Washington State and around the nation. Ino Ino Inc. v. City of Bellevue, 132 Wn.2d 103 (1997)
(Municipality's ordinance regulating and licensing live adult entertainment facility is constitutionally
valid; courts have recognized government's substantial interest in curbing secondary effects of
adult entertainment establishments.)
The Supreme Court of the United States has recognized that cities and states have a substantial
governmental interest in preserving the character of their neighborhoods, preventing the
deterioration therein, and that this reasoning is sufficient support for regulating adult entertainment
establishments. Renton v. Playtime Theater, Inc. 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct 925 (1986).
In Renton, the Supreme Court further expanded the ability of the legislative body to rely upon the
experiences of other cities and the notion of"legislative notice" to satisfy the requirement that the
ordinance be narrowly tailored to achieve the governmental interest. Renton, 106 S.Ct. at 930.
, (b) Since 1985, the city of Spokane has been studying the issues attendant to adult entertainment
facilities. In 1993, the city of Spokane enacted a comprehensive ordinance licensing, regulating
and setting enforcement parameters for these facilities. Since that time the city of Spokane
successfully defended many challenges to its adult arcade ordinance. In developing and
implementing its program, the city of Spokane has worked with many cities, counties and law
enforcement agencies around the country regarding the adverse secondary effects associated with
adult entertainment facilities containing arcade booths and the best methods for addressing these
secondary effects.
Ordinances regulating arcade booths are narrowly tailored if they allow for reasonable alternative
avenues of communication. Restrictions which require the booths be `open to an adjacent public
room" are narrowly tailored so long as the regulation "promotes a substantial governmental interest
that would be achieved less effectively absent the regulation." Mitchell v. Comm'n on Adult
Entertainment Establishment, 10 F.3d 123, 137 (3rd Cir. 1993). Adult Entertainment v. Pierce
County, 57 Wn. App. 435 (1990) (Arcade ordinance requiring doors be removed is justified by the
fundamental purpose of preserving the public health and safety); Arcara v. Cloud Books, Inc., 478
U.S. 697 (1986)(Evidence submitted which indicated booths were used for masturbation, fondling,
and fellatio by patrons on the premises of the store); Wall Distributors, Inc. v. Newport News, VA.,
782 F.2d 1165 (4th Cir. 1986) (Ordinance reasonable because it will prevent masturbation and
related unsanitary conditions which occur in the adult arcade setting); Ellwest Stereo Theatres, Inc.
v. Wenner, 681 F.2d 1243 (9th Cir. 1982) (Anticipated health and safety problems associated with
adult arcade facility sufficient to justify ordinance).
Many other cities and counties have experienced the same adverse secondary effects as those
which were evident when the city of Spokane enacted its ordinance regulating and licensing adult
arcade facilities. Much of the national legislative record detailing adverse secondary effects stems
from land use studies which examined the effects of adult entertainment establishments. Even
though many of the land use studies conducted across the country and rejected in the caselaw
resulted in zoning regulations, the record also details facilities rampant with criminal activity and
other adverse secondary effects, even after dispersal or restrictive zoning has been put in place.
So, although some jurisdictions have utilized zoning as a sole method of minimizing the adverse
Spokane.County Code 7.80 Adult Entertainment Page 3 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
secondary effects of these businesses, Spokane County finds that zoning alone is not sufficient to
control the adverse secondary effects which arise from the operation of such a facility. As such, the
resolution codified in this chapter seeks to supplement the efforts of the county's resolution zoning
adult entertainment establishments.
The following suits provide an overview of the efforts and results in the city of Spokane regarding
the adult arcade ordinance enacted in 1993. Book City, Inc. v. City of Spokane, Superior Court
Cause No. 93-06099-2 (Constitutionality of ordinance upheld —appeal pending); Book City, Inc. v.
City of Spokane, Superior Court Cause No. 95-2-032987-0 (Writ of Review upholding denial of
license —appeal pending); World Wide Video, et al. v. City of Spokane, Superior Court Cause No.
95-2-02795-9 (Upholding constitutionality under state constitution, appeal pending); City of
Spokane v. Book City&Walton, Municipal Court Cause No. P960034 (Successful prosecution of a
corporation and an individual for hiring an underage dancer— upheld on appeal); Spokane Arcade,
Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) (Constitutionality of ordinance upheld under
U.S. Constitution and finding no constitutional right to make a profit). Each action, the supporting
documentation, and trial materials and testimony are contained in the legislative record and are
herein incorporated by reference. It has been the experience of the city of Spokane that to be
effective the facilities must adhere to all facets of the ordinance, must actively self-monitor, and
must work closely with law and code enforcement personnel.
To maximize the benefit of the city's education and experience in this area, and to supplement the
county's resources to document the adverse secondary effects associated with adult entertainment
facilities with arcades, Spokane County worked very closely with numerous city of Spokane
departments to ensure the resolution codified in this chapter was responsive to the county's needs..
A copy of the legislative record utilized by the city of Spokane in enacting its ordinance, as well as
a copy of the transcript of the public hearing and a transcript of the testimony in Spokane Arcade,
Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996), are attached and incorporated as a part of this
record. All other materials reviewed and relied upon, whether attached as copies or not, and
entities/persons contacted are also incorporated as a part of this record.
(c) Similarly, prior to the enactment of this chapter the county of Spokane worked closely with the
city of Bellevue and other cities around the state in developing the portion of this resolution which
seeks to license and regulate live adult entertainment establishments. Specifically, the legislative
record of two such cities, the city of Bellevue, and the city of Federal Way, and the model
"Proposed Senate Bill Regulating Live Adult Entertainment' are incorporated in Spokane County's
legislative record in support of this resolution.
The Spokane board of county commissioners, therefore, finds that the protection and the
preservation of public health, safety and welfare requires enactment of this chapter. (Res. 97-1052
Attachment A(§2), 1997)
7.80.030 Purpose.
In the development and adoption of this chapter, the county recognized that there are adult
entertainment uses which, due to their very nature, have serious objectionable operational
characteristics, particularly when located in close proximity to residential neighborhoods and
schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It
has been acknowledged by courts and communities across the nation that state and local
governmental entities have a special concern in regulating the operation of such businesses under
their jurisdiction to ensure the adverse secondary effects of the establishments are minimized.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of
the unincorporated areas of Spokane County through the regulation of the operations and licensing
of the adult entertainment devices, premises and personnel of adult entertainment establishments.
The provisions of this chapter have neither the purpose nor effect of imposing a limitation or
restriction on the content of any constitutionally protected sexually oriented or explicit
communicative materials, or communicative performances. The regulations set forth herein are
Spokane County Code 7.80 Adult Entertainment Page.4 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
•
intended to prevent and control health, safety and welfare issues, the decline in neighborhood
conditions in and around adult entertainment establishments, and to prevent dangerous and
unlawful conduct associated with these facilities. This chapter may not be construed as permitting
or promoting obscene conduct or materials. (Res. 97-1052 Attachment A (§ 3), 1997)
7.80.040 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 activity, or live adult entertainment in a booth setting. 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 to which a member of the public is
invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or
display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live
adult entertainment in a booth setting to a member of the public on a regular basis or as a
substantial part of the premises activity.
"Adult arcade station" or'booth" means an enclosure where a patron, member, or customer would
ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment
performance, exhibition, or dance in a booth. Adult arcade station or booth 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 activity, or live adult entertainment 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 or live adult entertainment, 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 chief administrative officer of Spokane County or his/her designee.
"Licensing administrator" means the director of the division of building and planning of Spokane
County and his/her designee and is the person designated to administer this chapter.
Spokane County Code 7.80 Adult Entertainment Page 5 of 22
•
Exhibit A to SVMMC 5.10(Ordinance 36)
"Liquor" means all beverages defined in RCW Section 66.04.200.
"Live adult entertainment" means:
(1) 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";
(2)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":
(A) Human genitals in a state of sexual stimulation or arousal,
(B)Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality,
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female
breasts; or
(3) 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 in an arcade booth 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 include arcade booths 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 of the door frame of an arcade booth or station, with the exception of a door which is
completely transparent and constructed of safety glass as specified in the Uniform Building Code,
so that the activity and occupant inside the enclosure are fully and completely visible by direct line
of sight to the manager located at the manager's station which shall be located at the main
entrance way to the public room.
"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.
Spokane County Code 7.80 Adult Entertainment Page 6 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
"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:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight; or
(2)A penetration of the vagina or anus, however slight, by an object; or
(3) A contact between persons involving the sex organs of one person and the mouth or anus of
another;or
(4) Masturbation, manual or instrumental, of oneself or of one person by another; or
(5) 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:
(1) Human genitals in a state of sexual stimulation or arousal;
(2)Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(3) 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:
(1)The sale, lease or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by
sale, exchange, or similar means;
(3)The establishment of a trust, gift, or other similar legal device that transfers the ownership or
control of the business; or
(4) Transfer by bequest or other operation of law upon the death of the person possessing the
ownership or control. (Res_ 97-1052 Attachment A(§4), 1997)
7.80.050 License required.
(a)A person may not conduct, manage or operate an adult entertainment establishment unless the
person is the holder of a valid and subsisting license from Spokane County.
(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 and subsisting license from Spokane County.
(d) A manager may not work in an adult entertainment establishment unless the person is the
holder of a valid and subsisting license from Spokane County. (Res. 97-1052 Attachment A (§ 5),
1997)
Spokane County Code 7.80 Adult Entertainment Page 7 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
7.80.060 License prohibited to certain classes.
No license shall be issued to:
(a) A natural person who has not attained the age of twenty-one years, except that a license may
be issued to a person who has attained the age of eighteen 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;
(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. (Res. 97-1052
Attachment A(§6), 1997)
7.80.070 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 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 address, 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, including a motion picture theater, or a panoram, from Spokane County,
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 Spokane County; and its agents and employees to seek information to
confirm any statements set forth in the application;
Spokane County Code 7.80 Adult Entertainment Page 8 of 22
Exhibit A to.SVMC 5.10(Ordinance 36) _
(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 or 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, arcade booths or devices, overhead lighting
fixtures, and service areas shall be clearly marked on the drawing. An application for a license
for an adult entertainment establishment must include building plans which demonstrate
conformance with Spokane County 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 Spokane County Code. 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 the administrator's designee. Approval for such
enlargement may only be granted if the premises and proposed enlargement first meet the
qualifications and requirements of the Spokane County Code, or 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 twenty-one 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 an adult entertainment device under a
designation or at location not specified on the license.
Spokane County Code 7.80 Adult Entertainment Page 9 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
(8) Upon receipt of the complete application and fee, the licensing administrator shall provide
copies to the sheriff, fire, and building 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 fifteen 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 is 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 sheriff, fire, and building and planning departments shall recommend denial of a
license under the subsection if it finds 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 Spokane County
Zoning Code Sections 14.626.210(4)and 14.628.210(6) unless otherwise exempt.
(10) The exterior design and/or signs of the adult entertainment establishment must meet the
requirements set forth in the Spokane County Zoning Code Sections 14.804.040 and 14.804.120.
(11) The licensing administrator shall issue an adult entertainment establishment license within
thirty 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 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 thirty 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 twenty 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 device license applicants:
(1) It is unlawful to exhibit or display to the public any adult arcade device or device license
upon any adult arcade establishment without first obtaining a license for each such device for a
specified location or premises from Spokane County, 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 booth, in a conspicuous place. (Res. 97-1052 Attachment A(§ 7), 1997)
Spokane County Code 7.80 Adult Entertainment Page 10 of 22
•
Exhibit A to SVNIC 5.10 (Ordinance 36)
7.80.080 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 sheriffs 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 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 sheriffs department (or such other entity as authorized by the sheriffs
department or licensing administrator), social security number, and any stage names or
nicknames used in entertaining;
(2) The name and address of each establishment at which the applicant intends to work;
(3) Documentation that the applicant has attained the age of eighteen 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 States 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;
(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 Spokane County, 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 Spokane County, 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 42.17. Nothing in this subsection prohibits the exchange
Spokane County Code 7.80 Adult Entertainment Page 11 of 22
Exhibit A to SVMC 5.10 (Ordinance 36)
of information among government agencies for law enforcement or licensing or regulatory
purposes.
(e) The licensing administrator shall issue an adult entertainment establishment manager's or
entertainer's license within fourteen 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 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 therefor, including applicable laws.
(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 fourteenth 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 twenty calendar days. (Res. 97-1052 Attachment A (§ 8),
1997)
7.80.090 Standards of conduct and operation of adult entertainment
establishments and personnel.
(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 eighteen 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 public 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
Spokane County Code 7.80 Adult Entertainment Page 12 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
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 manager on duty on the 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
Section 7.80.040 of this chapter or the sexual conduct described in RCW Section 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 eighteen 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 eighteen 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, nor any photograph, drawing, sketch or other pictorial or graphic
representation of the performance, displaying any portion of the breasts below the top of the
areola or any portion of the pubic hair, buttocks, genitals, and/or anus 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, that 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.
(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 booth walls or one foot from the bottom of booth
walls.. There may not be any other holes or openings between the booths.
(6) No adult arcade booth or station may be occupied by more than one person at any time.
Spokane County Code 7.80 Adult Entertainment Page 13 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
(7) There must be permanently posted and maintained in at least two conspicuous locations on
the interior of all adult arcade premises a sign stating substantially the following:
OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON.
THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR 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) Doors to areas of the adult entertainment establishment which are available for use by
persons other than the owner, manager, operator, or their agents or employees, may not be
locked during business hours.
(9) No person may 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.
(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 manager 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 or booths must open to the
public room so that the area and occupant inside the booths are fully and completely visible by
direct line of sight to the manager located at the manager's station which shall be located at the
main entrance way to the public room containing the arcade stations or booths. No curtain, door,
wall, merchandise, display rack, or other nontransparent enclosure, material, or application may
obscure in any way the manager's view of any portion of the activity or occupant 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. (Res. 97-1052 Attachment A(§9), 1997)
Spokane County Code 7.80 Adult Entertainment Page 14 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
7.80.100 Premises--Specifications.
I
(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 eighteen 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 cubicles, rooms or stalls 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 or booths must
open to the public room so that the area and occupant inside the booths are fully and completely
visible by direct line of sight to the manager located at the manager's station which shall be located
in the main entrance way to the public room containing the arcade stations or booths. No curtain,
door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application
may obscure in any way the manager's view of any portion of the activity or occupant of the adult
arcade station or booth, or the performance area.
(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 thirty lux horizontal, measured at thirty inches from the floor and on ten-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
SPOKANE COUNTY. 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.
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 county ordinances, the laws of the United States and of the state of
Spokane County Code 7.80 Adult Entertainment Page 15 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
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 Spokane County 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
county 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. (Res. 97-1052 Attachment A (§ 10),
1997)
7.80.110 License fees, term, expiration, assignment, and renewals.
(a) A license issued under this chapter expires on the thirty-first 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 thirty calendar days before the expiration for an adult entertainment
- establishment license, and no later than fourteen calendar days before the expiration for an adult
entertainment establishment manager's and entertainer's licenses. 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 Percent of
Past Due License Fee
17-30 25%
131-60 150%
161 and over 175%
(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 as follows:
Live Adult Entertainment Establishment License: 1$1,500.00
Adult Arcade Entertainment Establishment License: 11,500.00
'Adult Arcade Device License: 1150.00
Adult Entertainment Establishment Manager License: 150.00
'Adult Entertainment Establishment Entertainer License: 1150.00
�.-- (e) Adult entertainment establishments which offer both live adult entertainment and adult arcade
devices or stations/booths shall be required to pay the fees associated with both live adult
entertainment establishments and adult arcade establishments.
Spokane County Code 7.80 Adult Entertainment: Page 16 of22
Exhibit A to SVMC 5.10(Ordinance 36)
(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
• configuration 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. (Res. 97-1052 Attachment A(§ 11), 1997)
7.80.120 Licensing compliance with other county ordinances.
All required county approvals and/or licenses other than those specifically set forth herein are
separate from the licensing process set forth in this chapter. The granting of any license or any
approval pursuant to this chapter shall not be deemed to be an approval of any county license or
requirement not specifically set forth in this chapter. (Res. 97-1052 Attachment A(§ 12), 1997)
7.80.130 License suspension and revocation--Hearing.
(a) The licensing administrator may, upon the recommendation of the sheriff, the sheriff's
designee, or on its own determination, and as provided in subsection (b) of this section, suspend
or revoke any license issued under the provisions of this chapter:
(1) If the license was procured by fraud or false representation of fact;
`.-' (2) For the violation of, or failure to comply with the provisions of this chapter by the licensee or
by the licensee's servant, agent or employee when the licensee knew or should have known of
the violations committed by the servant, agent or employee;
(3) For the conviction of the licensee of a crime or offense involving prostitution, promoting
prostitution, a liquor law violation or transaction involving controlled substances as defined in
RCW Chapter 69.50, or a violation of RCW Chapter 9.68 or 9.68A committed on the premises,
or the conviction of the licensee's servant, agent or employee of a crime or offense involving
prostitution, promoting prostitution, liquor law violations or transactions involving controlled
substances as defined in RCW Chapter 69.50, or a violation of RCW Chapter 6.68A committed
on the premises in which his or her adult entertainment establishment is conducted when the
licensee knew or should have known of the violations committed by the servant, agent or
employee. A license may be suspended or revoked under this subsection only if the conviction
occurred within twenty-four months of the date of the decision to suspend or revoke the license.
(b) The licensing administrator shall revoke a license procured by fraud or misrepresentation. If
another violation of this chapter or other applicable ordinance, statute or regulation is found, the
license must be suspended for a period of thirty calendar days upon the first such violation, ninety
days upon the second violation within a twenty-four-month period, and revoked for a third and
subsequent violation within a twenty-four-month period, not including a period of suspension. A
licensee whose license has been revoked is not eligible to re-apply for a license for a period of one
year following the date the decision to revoke becomes final.
(c) The licensing administrator shall provide at least ten calendar days prior written notice to the
licensee of the decision to suspend or revoke the license stating the reasons for the decision to
suspend or revoke. The notice must inform the licensee of the right to appeal the decision to the
designated hearing examiner and must state the effective date of the suspension or revocation.
(d) If the building official or fire department or the county health department find that a condition
exists upon the premises of an adult entertainment establishment that constitutes a threat of
Spokane County Code 7.80 Adult Entertainment Page 17 of 22
Exhibit A to SVMC 5.10 (Ordinance 36)
immediate serious injury or damage to person or property, the official may immediately suspend
any license issued under this chapter pending a hearing in accordance with subsection (c) of this
section. The official shall issue a notice setting forth the basis for the action and the facts that
constitute a threat of immediate serious injury or damage to persons or property, and informing the
licensee of the right to appeal the suspension to the designated hearing body under the same
appeal provisions set forth in Section 7.80.140. However, a suspension based on threat of
immediate serious injury or damage may not be stayed during the pendency of the appeal. (Res.
97-1052 Attachment A(§ 13), 1997)
7.80.140 Appeals.
(a) Any applicant or licensee may appeal the decision of the licensing administrator refusing to
issue or renew a license, or to suspend or revoke a license, under this chapter to the hearing
examiner, by filing a written notice of appeal with the licensing administrator within ten calendar
days of issuance of the notice of such action by the licensing administrator. The hearing examiner
shall conduct the hearing within thirty calendar days following the filing of the notice of appeal of
any decision refusing to issue or renew a license, or within forty-five calendar days following the
filing of the notice of appeal of any decision to suspend or revoke a license. The hearing examiner
shall provide at least fourteen calendar days written notice of hearing to the appellant and the
sheriff's department. At the hearing, the appellant and other interested parties may be heard and
submit evidence, subject to the rules of procedure adopted for the hearing examiner pursuant to
county resolution. The hearing examiner shall render his/her decision in writing, supported by
findings of fact and conclusions, within fifteen calendar days of the close of the appeal hearing.
(b) Any person of record, including the Spokane County sheriff, aggrieved by the written decision
of the hearing examiner rendered under subsection (a) of this section may file an appeal in writing
with the board of county commissioners (board) within ten calendar days of the date of the written
decision by the hearing examiner. All appeals shall be accompanied by a two-hundred-twenty-five-
dollar appeal fee. Upon receipt of a written appeal and payment of the appeal fee, the appeal shall
be forwarded to the hearing examiner. All written appeals shall be on a form available in the office
of the board and shall include the following information:
(1) The name and mailing address of the appellant, and the appellant's attorney, if any;
(2) Identification of the hearing examiner, together with a copy of the decision of the hearing
examiner being appealed;
(3) Facts demonstrating that the appellant is both a party of record and a party aggrieved by the
decision being appealed;
(4)A separate and concise statement of each error alleged to have been committed; and
(5) A concise statement of facts upon which the appellant relies to sustain the statement of
error.
(c) The board shall not consider any new facts or evidence on a matter appealed to them;
provided, additional evidence regarding the following items shall be admissible:
(1) Grounds for disqualification of the hearing examiner that made the decision, where such
grounds were unknown by the appellant at the time the record was created;
(2) Matters that were improperly excluded from the record after being offered by a party to the
hearing before the examiner; and
(3) Matters that were outside the jurisdiction of the examiner. The board may require or permit
corrections of ministerial errors or inadvertent omissions in the preparation of the record.
Spokane County Code 7.80 Adult Entertainment Page 18 of 22
Exhibit A to SVMC 5.10 (Ordinance 36)
(d) The appellant shall be required to pay all costs incurred by the hearing examiner in preparing
the record for the hearing(s) held by the hearing examiner, and the cost of preparing six copies of
such record as hereafter specified. Within three business days of the filing of the appeal with the
board, the appellant shall pay a deposit of one hundred dollars to the office of hearing examiner as
a condition precedent to the hearing examiner's preparation of such record and copies. Within
three business days of being notified by the hearing examiner that the record has been prepared,
the appellant shall reimburse the hearing examiner for the costs incurred by the hearing examiner
in preparing such record and copies in excess of the deposit paid by the appellant, or shall be
refunded any amount paid by the appellant in excess of such costs. The appeal may be dismissed
by the board if the appellant fails to comply with subsection (a) or(b) of this section.
(e) The hearing examiner shall cause preparation of a certified record of the hearing(s) before the
examiner, including a verbatim transcript of the hearing(s) and a copy of all documents in the
record, within fourteen working days of receiving the one-hundred-dollar deposit for the same. If
the hearing examiner, the appellant and other parties of record agree, or upon order of the board,
the verbatim transcript and documents in the record may be shortened or summarized to avoid
reproduction and transcription of portions of the record that are duplicative or irrelevant to the
issues to be reviewed by the board. The hearing examiner shall also prepare within such fourteen-
day period a total of six copies of the official certified record, including one for each board member,
one for the appellant, one for the prosecuting attorney's office and one for the county sheriff. Upon
completion of the certified record and required copies, and payment of the costs owing for the
same by the appellant, the hearing examiner shall promptly forward the certified record to the clerk
of the board, and provide copies of the record to those entitled. Other parties of record may obtain
copies of the record for the cost of reproduction.
(f) At the next regular meeting of the board following receipt of the certified record from the hearing
examiner, the board shall schedule a date at which it shall consider the appeal. Such date shall not
be earlier than thirty-five days from the board's receipt of the certified record. Notice of the meeting
at which the board will set the date of the hearing need not be provided by the board to the
appellant or other parties of record. The appellant or other parties of record may address the
matter of setting an appeal date either by appearing in person at the meeting or by filing a letter
with the board prior to the meeting. Upon the board setting a date for consideration of the appeal,
the clerk of the board shall give notice of the time, place and date of such consideration to all
parties of record by mailing notice to such parties at their addresses contained in the record or filed
with the board.
(g) The appellant and any other party of record may file a memorandum in support of the appeal
with the clerk of the board, provided it is tiled no later than twelve p.m. on the second Friday
preceding the date set for consideration of the appeal. The respondent and any other party of
record may file a response memorandum with the clerk of the board, provided it is filed by twelve
p.m. on the Friday immediately preceding the date for consideration of the appeal. The
memorandums filed shall not contain any new facts or evidence or discuss any matter outside the
record, except as provided in subsection (c) of this section. Any memorandum containing
information in violation of this subsection will either be stricken or have such information stricken
from the memorandum by the board and not considered.
(h) All parties of record desiring to make oral argument to the board have the obligation to
communicate with other parties of record to align themselves either in support of or in opposition to
the appeal, and shall attempt to reach agreement for the selection of a common speaker or to
allocate the time allowed between them. The board, acting through its chair, will allow the appellant
and other parties of record in support of the appeal up to thirty minutes to make oral argument in
support of the appeal, answer questions by the board and rebut the arguments of those opposed
to the appeal. Following the argument(s) in support of the appeal, the chair will allow the
respondent(s) up to twenty minutes to make argument, respond to the questions from the board
and rebut the arguments of those in favor of the appeal. This subsection authorizes the
presentation of argument only, to persuade the board that a particular conclusion follows logically
from the law or evidence in the record, and that the record or the law does not support the findings
or decision of the hearing examiner, but does not authorize the presentation of any new evidence
or facts.
Spokane County Code 7.80 Adult Entertainment Page 19 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
(i) The board shall review the record and such supplemental evidence as permitted under
subsection (c) of this section. The board may reverse, modify or remand the decision of the
hearing examiner only if the appellant has met the burden of establishing one of the following
standards for relief:
(1) The hearing examiner engaged in unlawful procedure or failed to follow a prescribed
process, unless the error was harmless;
(2) The hearing examiner's decision is an erroneous interpretation of the law, after allowing for
such deference as is due the construction of the law by a local jurisdiction with expertise;
(3) The hearing examiner's decision is not supported by evidence that is substantial when
viewed in light of the entire record;
(4) The hearing examiner's decision is a clearly erroneous application of the law to the facts; or
(5) The hearing examiner's decision is outside the authority or jurisdiction of the examiner. The
board may also remand the hearing examiner's decision for further proceedings if the appellant
seeks to enter information outside the record that was not previously available for reasons
beyond the control of that party, and such information if admitted would more than likely affect
the outcome of the appeal. If the board reverses, modifies or remands the decision of the
hearing examiner, it shall set forth in its written order its findings and conclusions justifying such
action.
(j)The clerk of the board shall mail a copy of the board's written decision to the appellant and other
parties of record before the board, which decision shall include a statement regarding appeal
rights. Any party of record before the board aggrieved by the board's decision may appeal such
decision to the superior court by filing a writ of certiorari, prohibition or mandamus pursuant to
RCW 7.16 et seq. within twenty days of the date the decision by the board was mailed to the
appellant.
(k)The decision by the licensing administrator, hearing examiner or the board to deny the renewal
of a license, upholding the denial of a license, suspending or revoking a license, or upholding the
suspension or renewal of a license must be stayed during the pendency of an appeal pursuant to
RCW 7.16 et seq., except as provided in subsection (d) of Section 7.80.130. (Res. 97-1052
Attachment A(§ 14), 1997)
7.80.150 Notices.
(a) Any notice required or permitted to be given by the licensing administrator, hearing examiner,
or any other county office, division, department, or other agency under this chapter to any
applicant, licensee, operator, owner, or manager of an adult entertainment facility or arcade device
shall be given, either by personal delivery or by certified United States mail, postage prepaid,
return receipt requested, addressed to the most recent address as specified in the application for
the license, or transfer application which has been received by the licensing administrator, or any
notice of address change which has been received by the licensing administrator. Notices mailed
as above shall be deemed given upon their deposit in the United States mail. In the event that any
notice given by mail is returned by the postal service, the licensing administrator or his/her
designee shall cause it to be posted at the principal entrance to the establishment.
(b)Any notice required or permitted to be given to the licensing administrator or hearing examiner
by any person under this chapter shall not be deemed given until and unless it is received in the
respective office. (Res. 97-1052 Attachment A(§ 15), 1997)
Spokane County Code 7.80 Adult Entertainment Page 20 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
7.80.160 Liquor regulations.
Any license issued under this chapter shall be subject to 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. (Res. 97-1052 Attachment A(§ 16), 1997)
7.80.170 Violation a misdemeanor.
A person violating this chapter is guilty of a misdemeanor. Any person violating any of the
provisions in 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 the sheriff or duly appointed agent
thereof. (Res. 97-1052 Attachment A(§ 17), 1997)
7.80.180 Code violations and enforcement.
The remedies provided herein for violations of or failure to comply with provisions of this chapter,
whether civil or criminal, are cumulative and in addition to any other remedy provided by law. (Res.
97-1052 Attachment A(§ 18), 1997)
7.80.190 Conflicting sections or provisions.
In the event there is a conflict or inconsistency between the sections and provisions set forth in this
chapter and those set forth elsewhere in the County Code, the sections and provisions of this
chapter govern and supersede those set forth elsewhere. (Res. 97-1052 Attachment A (§ 19),
1997)
7.80.200 Time frame for compliance of nonconforming adult entertainment
establishments.
Any adult entertainment establishment lawfully operating on the effective date of this chapter that
is in violation of the configuration or operational requirements of this chapter is a nonconforming
use. The nonconforming use is permitted to continue for a period not to exceed ninety calendar
days, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty
calendar days or more. Such nonconforming uses may not be increased, enlarged, extended or
altered except that the use may be changed to a conforming use pursuant to the procedures set
forth in this chapter. (Res. 97-1052 Attachment A(§20), 1997)
7.80.210 Chapter not intended towards particular group or class.
(a) It is the purpose of this chapter to provide for and promote the health, safety and welfare of the
general public, and not to create or otherwise establish or designate any particular class or group
Spokane County Code 7.80 Adult Entertainment Page 21 of 22
Exhibit A to SVMC 5.10(Ordinance 36)
of persons who will or should be especially protected or benefited by the terms of this chapter.
(b) Nothing contained in this chapter is intended or shall be construed to create or form the basis
for any liability on the part of the county or its officers, employees, or agents for any injury or
damage:
(1). Resulting from the failure of any owner, operator, manager, or other person in the adult
entertainment establishment to comply with the provisions of this chapter;
(2) By reason or in consequence of any inspection, notice, order, certificate, permission, or
approval authorized or issued or done in connection with the implementation or enforcement
pursuant to this chapter, or
(3) By reason of any action or inaction on the part of the county related in any manner to the
implementation or enforcement of this chapter by its officers, employees or agents. (Res. 97-
1052 Attachment A(§ 21), 1997)
7.80.220 Liberal construction.
This chapter shall be deemed to be an exercise of the police power of Spokane County to preserve
the public health, safety and welfare, and its provisions shall be liberally construed for the
accomplishment of that purpose. (Res. 97-1052 Attachment A(§22 (part)), 1997)
7.80.230 Moral nuisance.
An adult entertainment establishment operated, conducted or maintained contrary to the provisions
of RCW Chapter 7.48, Moral Nuisance, is unlawful and a public and moral nuisance and the
prosecuting attorney may, in addition to or in lieu of any other remedies in this chapter, commence
an action or actions, to abate, remove and enjoin the public and moral nuisance, or impose a civil
penalty, in the manner provided by RCW Chapter 7.48A. (Res. 97-1052 Attachment A(§22 (part)),
1997)
7.80.240 Additional enforcement.
The remedies found in this chapter are not exclusive, and the county may seek any other legal or
equitable relief, including but not limited to enjoining an act or practice that constitutes or will
constitute a violation of the provisions in this chapter. (Res. 97-1052 Attachment A(§24), 1997)
7.80.250 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the
validity of the chapter as a whole, or any other portion thereof, or the application of the provision to
other persons or circumstances is not affected. (Res. 97-1052 Attachment A(§25), 1997)
Spokane County Code 7.80 Adult Entertainment Page 22 of 22