A. 
It is unlawful for any person to operate an adult entertainment facility unless that person is the holder of a valid adult business license issued by the city clerk under this chapter.
B. 
It is unlawful for any person to work as a manager in an adult entertainment facility unless that person is the holder of a valid manager's license issued by the city clerk under this chapter.
C. 
It is unlawful for any person to work or perform as an entertainer in an adult entertainment facility unless that person is the holder of a valid entertainer's license issued by the city clerk under this chapter.
D. 
It is unlawful for any person to work or perform as an escort unless that person is the holder of a valid entertainer's license issued by the city clerk under this chapter.
E. 
It is unlawful for any person to work or perform as a nude or semi-nude model in an adult entertainment facility unless that person is the holder of a valid entertainer's license issued by the city clerk under this chapter.
F. 
It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work as a manager at the adult entertainment facility unless that person is licensed as a manager under this chapter.
G. 
It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as an entertainer at the adult entertainment facility unless that person is licensed as an entertainer under this chapter.
H. 
It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as an escort unless that person is licensed as an escort under this chapter.
I. 
It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as a nude or semi-nude model unless that person is licensed as a nude or semi-nude model under this chapter.
(Ord. 03-212 § 2)
A. 
No person shall own or operate an adult entertainment facility within the city of Edgewood without a valid adult business license issued by the city clerk. A city of Edgewood business license is required in addition to the adult business license.
B. 
Each person qualifying as an owner or operator of the proposed adult entertainment facility shall submit a separate application. Each applicant shall be separately qualified under this chapter.
C. 
All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:
1. 
The date of the application.
2. 
The legal name, any previous names, any aliases, any driver's license number, any social security number, and the date of birth of the applicant.
3. 
If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners.
4. 
If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington.
5. 
A description of the principal activities and services to be offered by the proposed adult entertainment facility, including a summary of the types of adult entertainment and sexually-oriented materials to be offered for sale or rent by the proposed adult entertainment facility.
6. 
A description of the principal activities and services to be rendered by the applicant with respect to the proposed adult entertainment facility.
7. 
A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.
8. 
A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.
9. 
A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.
10. 
A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.
11. 
The proposed location of the adult entertainment facility, including a legal description of the property, street address, and telephone numbers, if any.
12. 
The present mailing and residential address of the applicant.
13. 
Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.
14. 
A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Edgewood police department.
15. 
A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the adult entertainment facility. The sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches.
16. 
Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.
D. 
An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the city clerk may request information or clarification in addition to that provided in a complete application.
E. 
If any person or entity acquires, subsequent to the issuance of an adult business license, a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the city clerk within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the city clerk pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, "significant interest" means principal responsibility for management or operation of an adult entertainment facility.
F. 
Each adult business license application shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
G. 
In addition to the requirements of this chapter, an applicant for an adult business license must also obtain any other permits or licenses required by state or local laws or regulations.
(Ord. 03-212 § 2)
A. 
No person shall work or perform as a manager, entertainer, escort, or nude or semi-nude model at an adult entertainment facility without a valid manager's or entertainer's license issued by the city clerk.
B. 
All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:
1. 
The date of the application.
2. 
The legal name, any previous names, any aliases, any driver's license number, any social security number, and the date of birth of the applicant.
3. 
Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age:
a. 
A valid driver's license issued by any state bearing the applicant's photograph and date of birth;
b. 
A valid identification card issued by any state 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 form of identification that the city clerk determines to be acceptable.
4. 
The height, weight, hair and eye color of the applicant.
5. 
The present mailing and residential address of the applicant.
6. 
The name and address of the adult entertainment facility at which the applicant will work or perform.
7. 
A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility.
8. 
Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.
9. 
A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Edgewood police department.
10. 
A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.
11. 
A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.
12. 
A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.
13. 
Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.
C. 
The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.
D. 
An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the city clerk may request information or clarification in addition to that provided in a complete application.
E. 
Each manager's and entertainer's license application shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
F. 
In addition to the requirements of this chapter, an applicant for a manager's or entertainer's license must also obtain any other permits or licenses required by state or local laws or regulations.
(Ord. 03-212 § 2)
A. 
Upon receipt of a complete adult business license application, the city clerk shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, police, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed adult entertainment facility within 20 calendar days of receipt of the application by the city clerk, unless circumstances support extending the investigation. If the investigation is extended, the city clerk shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the city clerk. In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application.
B. 
In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will violate any provision of any statute, code, ordinance, regulation, or other law in effect in the city.
(Ord. 03-212 § 2)
A. 
Issuance of Adult Business License.
1. 
The city clerk shall grant or deny an application for an adult business license within 35 calendar days from the date a complete application is filed unless a 10-day extension is granted as provided in EMC § 5.10.100(A) in which case the city clerk shall grant or deny an application for an adult business license within 45 calendar days from the date a complete application is filed.
2. 
The city clerk shall issue an adult business license unless one or more of the criteria set forth in subsection (C)(1) of this section is present.
3. 
An adult business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the name and address of the adult entertainment facility. An adult business license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility.
4. 
Each adult business license shall expire annually on December 31st.
B. 
Issuance of Manager's or Entertainer's License.
1. 
The city clerk shall grant or deny an application for a manager's or entertainer's license within 35 calendar days from the date a complete application is filed.
2. 
An applicant for a manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of a complete application and fee, unless the city clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the city clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the city clerk extend the application review time for more than an additional 20 days.
3. 
The city clerk shall issue a manager's or entertainer's license unless one or more of the criteria set forth in subsection (C)(1) of this section is present.
4. 
A manager's or entertainer's license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the adult entertainment facility at which the manager, entertainer, escort or nude or semi-nude model will work or perform. Each manager, entertainer, and nude or semi-nude model shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the adult entertainment facility, at all times he or she is working or performing in the adult entertainment facility. Each escort shall carry his or her license at all times he or she is working within the city of Edgewood as an escort.
5. 
Each manager's or entertainer's license shall expire annually on December 31st.
C. 
Denial of License Application.
1. 
The city clerk shall deny a license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:
a. 
The premises to be used for the proposed adult entertainment facility is not in compliance with applicable laws and ordinances.
b. 
An applicant is under 18 years of age.
c. 
An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form.
d. 
An applicant has failed to comply with any provision or requirement of this chapter.
e. 
An application fee required by this chapter has not been paid.
f. 
An applicant has been convicted of a specified criminal offense committed on the premises of the adult entertainment facility for which he or she is licensed within the time periods provided in EMC § 5.10.030(EE).
2. 
In the event the city clerk denies an application, the city clerk shall do so in writing, and shall state the specific reasons therefor, including applicable laws.
3. 
Denial of a license application is subject to appeal as set forth in EMC § 5.10.150.
(Ord. 03-212 § 2)
A. 
A licensee may apply for renewal of an adult business license issued under this chapter. An application for renewal shall contain the information and documents required in EMC § 5.10.080 and shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
B. 
A licensee may apply for renewal of a manager's or entertainer's license issued under this chapter. An application for renewal shall contain the information and documents required in EMC § 5.10.090 and shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
C. 
Application for renewal of an adult business license shall be made within 40 calendar days before the expiration date of the currently valid license.
D. 
Application for renewal of a manager's or entertainer's license shall be made within 15 calendar days before the expiration date of the currently valid license.
E. 
An application for an adult business, manager's or entertainer's license renewal shall be issued or denied according to the requirements of EMC § 5.10.110.
F. 
Denial of an adult business, manager's or entertainer's license renewal application is subject to appeal as set forth in EMC § 5.10.150.
G. 
In the event that the city clerk denies an application for an adult business, manager's or entertainer's license renewal, the applicant may not be issued a license for one year from the date of denial; provided, that if, after a denial, the city clerk finds that the basis for the denial has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial.
(Ord. 03-212 § 2)
A. 
Adult Business License. The holder of an adult business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them.
B. 
Manager's or Entertainer's License. The holder of a manager's or entertainer's license issued pursuant to this chapter shall not assign or transfer the license to another person.
(Ord. 03-212 § 2)
A. 
The city clerk may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be.
B. 
Upon receipt of notice of the suspension or revocation of an adult business license or manager's license or entertainer's license, the licensee shall without delay deliver such license to the city clerk. In the case of a suspension, the city clerk shall return the license to the licensee at the expiration of the suspension period.
C. 
Suspension of License. The city clerk shall suspend a license for a period not to exceed 30 calendar days if the city clerk determines that:
1. 
The licensee has refused to allow an inspection of the adult entertainment facility as required by EMC § 5.10.160; or
2. 
The licensee has not submitted a timely monthly report as required by EMC § 5.10.170(B); or
3. 
The licensee has been convicted of a specified criminal offense committed on the premises of the adult entertainment facility for which he or she is licensed within the time periods provided in EMC § 5.10.030(EE); or
4. 
The licensee has violated any applicable requirement of this chapter.
D. 
Revocation of License.
1. 
The city clerk shall revoke a license if the city clerk determines that:
a. 
The licensee has given false information in the material submitted during the application process; or
b. 
The licensee has knowingly operated an adult entertainment facility during a period of time when the adult business license of the adult entertainment facility was suspended; or
c. 
The licensee has knowingly acted as a manager of an adult entertainment facility during a period of time when the licensee's manager's license was suspended; or
d. 
The licensee has knowingly acted as an entertainer at an adult entertainment facility during a period of time when the licensee's entertainer's license was suspended; or
e. 
The licensee has knowingly acted as an escort within the city of Edgewood during a period of time when the licensee's entertainer's license was suspended; or
f. 
The licensee has knowingly acted as a nude or semi-nude model at an adult entertainment facility during a period of time when the licensee's entertainer's license was suspended; or
g. 
A cause of suspension in subsection (C) of this section occurs and the license has been suspended within the preceding 12 months.
2. 
In the event the city clerk revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult business license, manager's license, or entertainer's license for one year from the date the revocation becomes effective. If, after revocation, the city clerk finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective.
(Ord. 03-212 § 2)
A. 
In the event the city clerk denies, suspends or revokes a license issued under this chapter, the city clerk shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the city hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address.
B. 
If a licensee timely appeals a decision of the city clerk, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the city hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to EMC § 5.10.160(B).
C. 
Within 10 calendar days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city hearing examiner.
D. 
In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the city hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the city clerk at least five calendar days prior to the hearing.
E. 
The city hearing examiner shall uphold the decision of the city clerk unless it finds the decision is not supported by evidence in the administrative record.
F. 
The city hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the city hearing examiner shall constitute the final administrative decision of the city and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review.
G. 
If a licensee timely appeals a decision of the city hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.
(Ord. 03-212 § 2)
A. 
An applicant or licensee shall permit representatives of the police department, health department, and other state and local government agencies to inspect the premises of an adult entertainment facility, at any time the adult entertainment facility is open for business, for the purpose of ensuring compliance with all applicable statutes, codes, ordinances, regulations, and laws.
B. 
Where a condition exists upon the premises of an adult entertainment facility that constitutes a threat of immediate serious injury to public health or safety, the city clerk or any other city official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety, and informing the licensee of the right to appeal the suspension to the city hearing examiner under the appeal provisions set forth in this chapter.
(Ord. 03-212 § 2)
A. 
Each adult entertainment facility licensed under this chapter shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude and semi-nude models.
B. 
Each adult entertainment facility licensed under this chapter shall file a monthly report with the city clerk including the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude or semi-nude models.
(Ord. 03-212 § 2)
Any adult entertainment facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary adult business license. Within 45 calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the adult entertainment facility shall submit a complete adult business license application pursuant to EMC § 5.10.080 to the city clerk. The license application shall be issued or denied in accordance with the requirements of this chapter. The adult entertainment facility shall be permitted to continue to engage in the activities specified in the adult business license application pursuant to EMC § 5.10.080(C)(6) pending the decision of the city clerk.
(Ord. 03-212 § 2)