When used in this chapter and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out in this section:
1. 
"Cabaret"
means any room, place or space whatsoever in the City in which any music, singing, dancing or other similar entertainment is permitted in connection with any hotel, restaurant, café, club, tavern, or eating place selling, serving, or providing the public, with or without charge, food and/or liquor. The words “music” and “entertainment” as used in this chapter shall not apply to radios, televisions, juke boxes or similar mechanical or technical devices.
2. 
"Persons"
means any individual, firm, corporation, company, partnership, marital community, association, an unincorporated association, any person acting in a fiduciary capacity, or other entity or group of persons however organized.
3. 
"Liquor"
shall have the definition set forth in RCW 66.04.010.
(Ord. 1586 § 2 (part), 1990; Ord. 2496 § 8, 2016)
This chapter shall not apply to any person conducting or engaging in a business providing entertainment or amusement where any admission or similar charges therefor are to be used exclusively for charitable, eleemosynary, educational or religious purposes.
(Ord. 1586 § 2 (part), 1990)
It is unlawful to conduct, open up, operate or maintain any cabaret as defined in TMC Section 5.08.010 within the City without a valid license to do so to be known as the “cabaret license.” The cabaret license fee shall be paid annually, in accordance with the fee schedule adopted by resolution of the City Council. Each such license shall be non-assignable and nontransferable, and the fee paid shall be nonrefundable.
(Ord. 1586 § 2 (part), 1990; Ord. 2355 § 1, 2011; Ord. 2496 § 9, 2016)
A. 
No “cabaret license” shall be issued to:
1. 
A natural person who has not attained the age of 21 years, except that licenses may be issued to persons who have attained the age of 18 with respect to cabarets where no intoxicating liquors are served or provided.
2. 
A person who has been convicted of or forfeited bail for any of the following within three years prior to filing the application.
a. 
A felony which is reasonably related to a person’s fitness or ability to conduct, manage or operate a cabaret.
b. 
A violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor.
c. 
A violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics.
3. 
A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required by the licensee.
4. 
A partnership, unless all members of the partnership are qualified to obtain a license under this chapter.
5. 
A corporation, unless all of its officers, directors and stockholders are qualified to obtain a license under this chapter.
(Ord. 1586 § 2 (part), 1990; Ord. 1648 § 1, 1992; Ord. 2355 § 2, 2011; Ord. 2496 § 10, 2016)
A. 
Cabaret License.
An applicant for a cabaret license shall make application therefor on the application forms provided by the Finance Director. Each such application form shall require the following information:
1. 
The name, home address, home telephone number, date and place of birth, and social security number of the applicant, if the applicant is an individual;
2. 
The names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of the officers and directors of the applicant, if the applicant is a partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity;
3. 
The name, address, and telephone number of the cabaret, and the names of all on-site managers of the cabaret; and
4. 
The name, address and telephone number of the owner of the property on which the cabaret is located.
Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete.
B. 
Duty to Supplement Application.
In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder shall promptly notify the Finance Director in writing and provide current information.
C. 
All Completed Applications.
A completed application shall be submitted to the Finance Director. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the City showing payment of the required license fee, in accordance with the fee schedule adopted by the City Council. The Finance Director shall refer a completed application to the following City department heads for investigation and report as follows:
1. 
The Chief of Police shall provide a criminal history record of the applicant;
2. 
The Director of the Department of Community Development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the City zoning code; and
3. 
The Building Official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations.
(Ord. 1586 § 2 (part), 1990; Ord. 2355 § 3, 2011; Ord. 2496 § 11, 2016)
Upon receipt of a completed application and reports from the above-named officials, a license application shall be approved, except that said application shall be denied for any one or more of the following reasons:
1. 
Application form is incomplete; or
2. 
Purpose of business sought to be licensed does not comply with the requirements of any City ordinance(s) relating to fire, buildings, health and sanitation or is, or will be if licensed, in violation of the City zoning code as determined by the reports from the above-named officials; or
3. 
The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the Finance Director. In all events, the Finance Director shall issue the license, or his/her reasons(s) for non-issuance as soon as possible, but in no event more than 30 days after receipt of a completed application.
(Ord. 1586 § 2 (part), 1990; Ord. 2355 § 4, 2011)
A. 
The Finance Director may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist:
1. 
The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the Finance Director;
2. 
The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of this code; or
3. 
The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter.
B. 
Upon determination that grounds for revocation or suspension of a license exist, the Finance Director shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension.
(Ord. 1586 § 2 (part), 1990; Ord. 2355 § 5, 2011)
A. 
Receipt of the Notice of Denial, Suspension or Revocation.
The Notice of Denial, Suspension or Revocation shall be: (1) sent to the applicant or license holder by registered mail at the address provided on the license application; (2) hand delivered to the address provided on the license application; or (3) posted upon the premises where such applicant or license holder conducts the business that is the subject of the denied, suspended or revoked license. Notice shall be deemed received by the applicant or license holder upon posting, hand delivery, or 3 business days after mailing, whichever occurs first.
B. 
The applicant or license holder may appeal the decision of the Finance Director to suspend, deny or revoke a cabaret license by filing a written notice of appeal to the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of suspension, non-issuance or revocation until the City’s Hearing Examiner or other hearing body issues a written decision on the appeal.
C. 
Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City’s Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee.
D. 
The hearing shall be de novo. The decision of the City Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director’s decision.
E. 
Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision which shall set forth the reasons therefor.
(Ord. 1586 § 2 (part), 1990; Ord. 1796 § 3 (part), 1997; Ord. 2355 § 6, 2011; Ord. 2381 § 7, 2012; Ord. 2496 § 13, 2016)
All licenses issued hereunder shall be posted in a conspicuous place in the establishment of the licensee.
(Ord. 1586 § 2 (part), 1990)
A. 
It is unlawful for the owner, proprietor or person in charge of a cabaret to maintain or permit any dancing or music on the premises of the cabaret between the hours of 2:00 AM and 6:00 AM.
B. 
Any person violating this section, or any section of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, or imprisonment not exceeding 90 days, or by both such fine and imprisonment. A separate offense shall be deemed committed upon each day on which a violation occurs.
(Ord. 1586 § 2 (part), 1990)
The Chief of Police or his duly authorized representative shall promptly investigate all complaints against any establishment, operator or manager holding a cabaret license.
(Ord. 1586 § 2 (part), 1990)