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HomeMy WebLinkAbout2532ORDINANCE NO. 2532 AN ORDINANCE of the City of Port Angeles, Washington, requiring a business license for the management and operation of adult entertainment businesses and establishing a new Chapter 5.50 of the Port Angeles Municipal Code. WHEREAS, due to the potential for criminal and related activity connected with adult entertainment businesses, there is a need to establish a business license requirement; and, WHEREAS, due to the fact that the City currently has limited regulations applicable to adult entertainment businesses, there is a need to adopt regulations in order to prevent, mitigate, and monitor the types of adverse impacts associated with such businesses; and WHEREAS, there is a need to protect the public health, public safety, public property, and the public peace, and to adopt an ordinance to regulate such businesses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. A new Chapter 5.50 of the Port Angeles Municipal Code is hereby amended to read as follows: CHAPTER 5.50 Adult Entertainment Businesses License 5.50.010 Definition. "Adult Entertainment Business" means any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibi- tion or dance involves a person that is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola and /or any portion of the genital region. 5.50.020 License Required. No person shall operate, or cause to be operated, an adult entertainment business in the City without first obtaining an adult entertainment conditional -1- use permit and then obtaining from the City Clerk a business license for that purpose. 5.50.030 License Application. In addition to all other information required of an applicant for a business license, an applicant for an adult entertainment business license shall pay a $100 license fee and provide the following informa- tion: All applications shall be submitted on a form supplied by the City Clerk, which shall require the following information: 1. The name, home address, home telephone number, date and place of birth, driver's license number, if any, and social security number of the applicant if the applicant is an individual; 2. The business name, address and telephone number of the establishment; 3. The names, addresses, telephone numbers, dates and places of birth, and social security numbers of any partners, including limited partners, corporate officers, shareholders who own ten percent or more of the business, or other persons who have a substantial interest or management responsibility in connection with the business, specifying the interest or manage- ment responsibility of each; 4. The names, addresses, telephone numbers, dates and places of birth, and social security numbers of all employees; 5. Terms of any loans, leases, secured transactions and repayments therefor relating to the business; 6. Addresses of the applicant for the five years immediately prior to the date of application; 7. A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or land use permit revoked or suspended, the reason therefor, and the activity or occupation subsequent to such action, suspension or revocation; 8. Any and all criminal convictions or forfeitures other than parking offenses or minor traffic viola- tions, including dates of conviction, nature of the crime, name and location of court, and disposition of each owner, partner or corporation; 9. A description of the business, occupation or employment of the applicant for the three years immediately preceding the date of application; -2- 10. Authorization for the City, its agents and employees, to seek information to confirm any statements set forth in the application; 11. Supplemental identification and /or information necessary to confirm matters set forth in the appli- cation. All information provided on the application form shall be kept up to date by informing the City Clerk of personnel changes or any other change in the information provided on the license applica- tion. Documentation of age requirements shall be submitted with the application and with information updates. 5.50.040 Minimum Acre. No person, whether an employee or partner, shall be allowed on the premises who shall be under the age of eighteen. 5.50.050 License Issuance. Copies of the applica- tion shall be referred by the City Clerk to the Police, Fire, Public Works, Planning, or other appropriate departments. The department shall inspect the application, the premises proposed to be operated as an adult entertainment business, and shall make written recommendation to the City Clerk as to whether or not the adult entertainment business license should be issued. The Police Department shall make written verification of the information provided by the applicant on the permit application and a recommendation consistent therewith. No permit may be issued without such verifications and recommendations. 5.50.060 Operation and Development Standards. All adult entertainment businesses shall comply with the following operation and development standards: 1. All signs shall be in compliance with the regula- tions for such signs as set forth in the zoning requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication. 2. The interior of the premises shall be arranged such that no adult entertainment shall occur except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. -3- 3. No person shall be allowed entry onto the premises who is younger than eighteen years of age. 4. The business shall be operated and managed by persons whose background and experience demonstrate the ability to maintain compliance with all applicable Federal, State and local laws and the provisions of this Chapter. 5. The Police Department shall be authorized to make inspections at all times as necessary to ensure compliance with this Chapter and other applicable laws. 6. Sufficient illumination shall be provided so that all objects are plainly visible at all times. Such illumination shall be not less than ten foot - candles at floor level at all times when the premises are open or when any member of the public is permitted to enter and remain therein. 7. No alcoholic beverages shall be served or allowed on the premises. Section 2 - Severabilitv. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circum- stances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of May , 1989. ATTEST: Michelle M. Maike, City Clerk APPRO D AS TO FORM: Craig Da Knttson, City Attorney PUBLISHED: May 19, 1989 05.89 -4- M A Y O R