It shall be unlawful for any person, firm or corporation holding any retailer's license granted under RCW Title 66, Alcoholic Beverage Control Statutes, to permit or allow upon the premises licensed any music, dancing, or entertainment whatsoever unless and until permission therefor has been specifically granted by license of the town of Coulee Dam. The words "music and entertainment" as herein used shall not apply to radios or mechanical musical devices. The license required under this chapter is separate from and in addition to the business license issued under Chapter 5.05 CDMC, which may also be required when applicable.
(Ord. 271 § 1, 1982; Ord. 783 § 1, 2020)
Any person desiring such a license shall file written application with the town clerk on forms to be provided by the town clerk for that purpose. The town council, upon presentation of the application, and before acting upon the same, shall refer such application to the police department for a full investigation as to the truth of the statements contained therein and as to any and all other matters which might tend to aid the town council in determining whether or not such application should be granted. After the police department shall have reported back to the town council the result of such investigation, if the town council be satisfied that the statements contained in such application are true, and that issuance of such a license would not be detrimental to the public peace, health or welfare of the town of Coulee Dam, the town council shall direct the town clerk to issue the license applied for; provided, however, that if the town council should not be satisfied that the application shall be granted, then the town council shall, upon at least 10 days' notice to the applicant, hold a hearing upon such application at which time the applicant shall be given an opportunity to prove by competent evidence that the applicant is of good moral character and that he has not been convicted of any of the above-mentioned offenses as herein provided. If after such hearing the town council shall find from a preponderance of the evidence that the foregoing facts have been established, it shall direct that the town clerk issue the license applied for. If, after such hearing, the town council shall find that the foregoing facts have not been established by the evidence, the application shall be denied. The action of the town council upon such hearing shall be final.
(Ord. 271 § 3, 1982; Ord. 339 § 1, 1987)
Licenses shall be granted for a period between 8:00 p.m. and 1:00 a.m.; provided, however, that upon a proper showing made by written request to the town council, the town council at a regular town council meeting may grant a variance therefrom, upon a finding that such variance would not be detrimental to the public peace, health or welfare of the town of Coulee Dam.
(Ord. 271 § 4, 1982; Ord. 339 § 2, 1987)
The written application for a license hereunder shall be in substantially the form attached to the ordinance codified in this chapter as Exhibit A and incorporated herein as though fully set forth, and all applicants shall complete said application by providing all information requested therein before such application will be considered by the town council. Any such application to receive consideration at the next regular town council meeting must be submitted to the town clerk's office not later than the close of business on the Friday immediately preceding the next regularly scheduled town council meeting; provided, however, that application shall not normally be submitted more than 21 days in advance of the activity for which the applicant is seeking a license. Any applications not submitted in the manner and time frame contained herein shall not be considered by the town council; provided, however, that upon a proper showing made by written request to the town council, the town council at a regular town council meeting may grant a variance therefrom. All applications must be signed by the person holding the Washington State liquor license for the premises on which the activity sought to be licensed will be held if approved.
Only those activities explained and defined in the application and for which a license is granted shall be permitted; provided, however, that if the performer(s) or group is changed after issuance of the license by the town council, a revised application must be submitted to the town council for approval; provided further, however, that if the performance is scheduled prior to the next regular meeting of the town council, then approval for such change may be granted in writing by the town police department. Such approval shall be withheld if, in the discretion of the town police department such music, dance or other entertainment would be detrimental to the public peace, health, or welfare of the town.
(Ord. 339 § 3, 1987)
The town council reserves unto itself the power to revoke or refuse to issue any license if the town council makes a finding that to permit music, dancing or other entertainment on the licensed premises would be detrimental to the public peace, health or welfare of the town of Coulee Dam. The town council shall consider evidence of prior operation of the applicant business during periods of activity previously licensed under the provisions of this chapter in deciding whether to deny or grant the license. Such evidence may include but not be limited to: citizen's complaints, police department complaints, disorderly conduct, and/or violation of any local ordinance or state or federal statute or regulation. The town council further reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of the fact or for the violation of any of, or failure to comply with, the provisions of this chapter or any other ordinance of the town of Coulee Dam or law of the state of Washington or the United States.
(Ord. 271 § 5, 1982; Ord. 339 § 4, 1987)
Any license issued pursuant to this chapter shall be subject to any and all rules and regulations of the Washington State Liquor Control Board and any violation of said rules and regulations shall be grounds for revocation of license or refusal to grant future licenses.
(Ord. 271 § 6, 1982)
In addition to any civil remedies provided Coulee Dam Municipal Code or state law, failure to perform any act required, or the performance of any act prohibited by this chapter, is designated as a civil infraction. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed $500.00 for each offense.
Each day during which a violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense.
The prevailing party may be awarded costs; provided, however, that attorneys' fees shall not be awarded to either party.
Whenever a monetary penalty is imposed, it is payable immediately.
(Ord. 271 § 7, 1982; Ord. 339 § 5, 1987)