The provisions of this chapter shall not apply to massages performed or baths provided in any hospital or at the athletic department of any public or private secondary school or college, or by any person who has been certified or licensed by the state of Washington to practice medicine, surgery, drugless therapy, physical therapy, massage, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing.
(Ord. 995 § 15 (Exh. D), 2015)
A. 
This chapter does not apply to premises which are primarily devoted to theatrical performances where there are seats arranged so that the body of spectators has an unobstructed view of the stage for viewing performances of artistic expression and where such performances are not incidental to the promotion of the sale of food and/or drink, and where patrons are not permitted to touch, caress or fondle the actors or entertainers performing therein.
B. 
This chapter does not prohibit:
1. 
Plays, operas, musicals, or other dramatic works that are not obscene; or
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.
4. 
The exemptions in this section do not apply to sexual conduct defined in YMC § 5.52.030, or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii). Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW 7.48A.010(2).
(Ord. 995 § 15 (Exh. D), 2015)
Wherever the following words and terms appear in this chapter, they shall have the following meanings:
"Adult arcade"
shall mean a business where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of "specific sexual activities" or "specific anatomical areas."
"Adult bookstore," "adult novelty store," or "adult video store"
shall mean a commercial business which has as one of its principal business purposes the offering for sale or rental for some form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. Provided, however, that video stores that sell and/or rent only video tapes or other graphic reproductions and associated equipment shall only come within the definition set forth herein if 20 percent or more of its stock in trade or revenue comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
"Adult entertainment business"
includes: adult entertainment parlor, adult live entertainment center, adult arcade, adult bookstore, adult novelty store, and/or adult video store.
"Adult entertainment parlor"
means a place in the incorporated area of the city where sexually stimulating touching is performed upon the body of one person by another person; nude modeling studios or where sauna baths, Turkish baths, Swedish baths where sexually stimulating touching is performed upon the body of one person by another person or the like are made available to members of the public.
"Adult entertainment parlor employee"
means any person employed by an adult entertainment parlor; including any person who performs sexually stimulating actions in any way upon, patrons of an adult entertainment parlor, or who supervises the work of such a person.
"Adult live entertainment center"
means a business having, as parts of its trade, live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, including, but not limited to, topless dance centers, so-called exotic dance centers and body painting studios.
"Employee"
and/or "independent contractor" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of any adult live entertainment center.
"Entertainer"
means any person who provides entertainment within an adult live entertainment center as defined in this section whether or not a fee is charged or accepted for such entertainment.
"Entertainment"
means any exhibition or dance of any type, removal of articles of clothing, pantomime, modeling or any other sexually stimulating performance.
"Operator"
means any person operating, conducting or maintaining an adult live entertainment center.
"Specific anatomical areas"
means:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola.
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specific sexual activities"
means:
1. 
Human genitals in a state of sexual stimulation; and/or
2. 
Acts of human masturbation, sexual intercourse or sodomy; and/or
3. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts.
(Ord. 995 § 15 (Exh. D), 2015)
A. 
No person, firm, partnership, corporation, or other entity shall operate an adult entertainment business without first obtaining a license issued pursuant to this chapter. Such license is in addition to a business license that may be required under Chapter 5.02 YMC.
B. 
Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the United States and of the state of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the International Building Code, and the Yelm Unified Development Code. All premises and devices must be inspected prior to issuance of a license.
C. 
An application for an adult entertainment business license must be submitted to the director in the name of the person or entity proposing to conduct the adult entertainment business on the 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 director, which must require the following information:
1. 
For the applicant and for each applicant control person, provide: name(s), date(s) of birth, any aliases or previous names, driver's license number(s), social security number(s), and mailing and residential address(es);
2. 
The business name, business address, federal tax identification number, state of Washington master business license number and business telephone number of the business or proposed business, together with a description of the nature of the business;
3. 
Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, address, telephone number and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupation and respective ownership shares of each partner, whether general, limited or silent. If a corporation, the application shall set forth the corporate name; a copy of the articles of incorporation, including date and place of incorporation; and the names, addresses, telephone numbers and principal occupations of every officer and director of the corporation, and every shareholder having more than five percent of the outstanding shares of the corporation; and 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;
4. 
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;
5. 
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;
6. 
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 panorama, from another city, county or state, and if so, the name and address of each other licensed business;
7. 
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;
8. 
Authorization for the city of Yelm, and its agents and employees, to seek information to confirm any statements set forth in the application;
9. 
The location and doing-business-as name of the proposed adult entertainment business, 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;
10. 
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;
11. 
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;
12. 
Each applicant shall verify, under penalty of perjury, that the information contained in the application is true;
13. 
A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, 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 business must include building plans which demonstrate conformance with city adopted building code requirements.
D. 
Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by such a resolution, the fee shall be $500.00.
E. 
Within five days of receipt of a properly completed application for an adult entertainment business license, the director shall transmit copies of such application to the police department and community development department.
F. 
Within 30 days of receipt of a properly completed application for an adult entertainment business license, the director shall issue the license unless advised by the community development department that the use or proposed use of the premises does not have the applicable land use approval as per the city's zoning code or other applicable land use laws and regulations; or the director is advised by the building department that the buildings upon the subject premises fail to meet the requirements of the building, fire, mechanical or plumbing codes applicable to the proposed use; or the director is informed by the police department that the owner, partner, or stockholder holding more than five percent of the outstanding shares of the owning corporation has been convicted of or forfeited bail for any crime which may reasonably indicate a likelihood of future violation of the terms of this chapter by such owner, partner, or stockholder. Issuance of the license required in this chapter shall not constitute a waiver of or exemption from the application of any land use, building, health or safety laws pertinent to the proposed use.
G. 
An adult entertainment business license shall expire on December 31st of the year for which it is issued or renewed.
H. 
An adult entertainment business license may be renewed by submitting a new application and following the application procedure set forth hereinabove; provided, that a renewal application shall not be submitted prior to September for the following calendar year.
I. 
If, subsequent to the issuance of an adult entertainment business license, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator no later than 21 calendar days following the acquisition. The notice required must include the information required for the original adult entertainment business license application.
J. 
The adult entertainment business 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 business. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read when the business is open.
K. 
A person granted an adult entertainment business license under this chapter may not operate the adult entertainment business under a name not specified on the license, nor may a person operate an adult entertainment business, or an adult entertainment device, under a designation or at a location not specified on the license.
(Ord. 995 § 15 (Exh. D), 2015; Ord. 1046 § 17, 2018)
A. 
A person may not work as a manager, assistant manager, or entertainer at an adult entertainment business without a manager's or an entertainer's license from the director. Such license is in addition to a business license that may be required under Chapter 5.02 YMC. An applicant for a manager's or entertainer's license must complete an application on forms provided by the director containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The director shall provide a copy of the application to the police department for its review, investigation and recommendation. An application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information:
1. 
The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the police department (or such other entity as authorized by the police department or licensing administrator), social security number, and any stage names or nicknames used in entertaining;
2. 
The name and address of each business at which the applicant intends to work;
3. 
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;
4. 
Documentation that the applicant has attained the age of 18 years. Any two of the following are acceptable as documentation of age:
a. 
A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth;
b. 
A state-issued identification card bearing the applicant's photograph and date of birth;
c. 
An official passport issued by the United 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;
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 the city, its agents and employees to investigate and confirm any statements in the application.
B. 
Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by resolution, the fee shall be $100.00.
C. 
The director shall transmit the application for an entertainer's license to the police department within five days after its receipt.
D. 
The director shall issue an adult entertainment business manager's or entertainer's license within 20 calendar days from the date the complete application and fee are received, unless the director is informed by the police department that the applicant has been convicted of or forfeited bail to a crime or crimes which would indicate a reasonable likelihood that the applicant would violate the terms of this chapter if so licensed; or the director 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 director determines that the applicant does not qualify for the license applied for, the director shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws.
E. 
The manager, entertainer and employee license shall expire on December 31st of each year in which it is issued or renewed.
F. 
The manager, entertainer and employee license may be renewed by submitting a new application and following the application procedure set forth hereinabove; provided, that a renewal application shall not be submitted prior to September for the following calendar year.
G. 
Every entertainer and employee shall provide his or her license to the adult entertainment business manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the city, its agents, and employees, at any time during business hours of the adult entertainment business.
H. 
The director may request additional information or clarification when necessary to determine compliance with this chapter.
I. 
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 Chapter 42.17 RCW. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes.
(Ord. 995 § 15 (Exh. D), 2015; Ord. 1046 § 18, 2018)
A. 
The city clerk/treasurer shall revoke an adult live entertainment center license or an entertainer's license issued pursuant to this chapter if the city clerk/treasurer finds any of the following conditions to exist:
1. 
The licensee has made a false statement or given false information in connection with the application for the applicable license.
2. 
The licensee has violated or permitted violation of any provisions of this chapter, Chapter 9.86 YMC or YMC Title 18.
3. 
The licensee has been convicted or forfeited bail to any of the crimes which would have caused the director to refuse to issue the license upon the initial or renewal application.
B. 
Appeal from either the denial of a license or the revocation of a license shall be made to the city council provided for in Chapter 18.14 YMC.
(Ord. 995 § 15 (Exh. D), 2015)
Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the city attorney or other interested person.
(Ord. 995 § 15 (Exh. D), 2015)
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. 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 police chief, city attorney or duly appointed agent of either.
(Ord. 995 § 15 (Exh. D), 2015)