A. 
Adult entertainment establishments shall not be operated or maintained in the city unless the owner or operator has first obtained a license from the city clerk, as set forth in this chapter. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment.
B. 
The fee for an adult entertainment establishment license in the city as required in this article is $500.00 per year.
(Ord. 1767 § 1 (part), 1996)
A. 
The initial license fee required by SMC § 5.56.110 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment.
B. 
The license fee required by SMC § 5.56.110 and § 5.56.120 are due and payable to the city clerk before the beginning of such entertainment or beginning employment.
C. 
Every license issued or renewed pursuant to this chapter shall expire on December 31st of each year.
D. 
The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year.
(Ord. 1767 § 1 (part), 1996)
A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows:
Days Past Due
Additional Percentage of License Fees
8 – 30
25
31 – 60
50
61 and over
100
(Ord. 1767 § 1 (part), 1996)
A. 
Adult Entertainment Establishment License.
1. 
Required Information. All applications for an adult entertainment establishment license shall be submitted to the city clerk in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and shall be signed by such person or his or her agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:
a. 
The name of the applicant, location and doing-business-as name of the proposed adult entertainment establishment, 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.
b. 
For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver's license number, if any, social security number, if any, and business, mailing and residential address, and business telephone number.
c. 
If the applicant is a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
d. 
For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panoramas, whether from the city or another city, county or state, and if so, the names and addresses of each other licensed business.
e. 
For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or other sexually oriented businesses, whether from the city or from another city, county or state, 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 therefor.
f. 
For the applicant and all applicant control persons, any and 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, including the dates of conviction, nature of the crime, name and location of court and disposition.
g. 
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.
h. 
Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.
i. 
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.
j. 
For the applicant or each applicant control person, a complete set of fingerprints prepared at the Pierce County department of public safety or on forms prescribed by the department.
k. 
A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, 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 and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment shall include building plans which demonstrate conformance with this chapter.
l. 
The application must demonstrate compliance with the provisions of the city's zoning code concerning allowable locations for adult entertainment establishments.
2. 
An application shall be deemed complete upon the applicant's provision of all information requested above, including identification of "none" where that is the correct response, and the applicant's verification that the application is complete. The city clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
3. 
A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.
4. 
Each applicant shall verify, under penalty or perjury, that the information contained in the application is true.
5. 
If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk no later than 21 days following such acquisition. The notice to the city clerk shall include the same information required for an initial adult entertainment establishment license application.
6. 
The adult entertainment establishment license, if granted, shall 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 establishment. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open.
7. 
No person granted an adult entertainment establishment license pursuant to this chapter shall operate the establishment under a name not specified on the license, nor shall any person operate the establishment at any location not specified on the license.
8. 
Upon receipt of the complete application and fee, the city clerk shall provide copies to the police, fire, and development services departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 25 days of the date of such application, inspect the application and premises and shall make a written report to the city clerk whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises has been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
9. 
An adult entertainment establishment license shall be issued by the city clerk within 30 days of the date of filing a complete license application and fee, unless the city clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The city clerk shall notify the applicant within five working days of application submittal if application is incomplete, and shall grant an applicant's request for a reasonable extension of time in which to provide all information required for a complete license application. If the city clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the city clerk shall deny the application in writing and shall site the specific reasons therefor, including applicable law. If the city clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the city clerk that the license has been denied, but in no event may the city clerk extend the application review time for more than an additional 20 days.
B. 
Application for Manager or Entertainer License.
1. 
Required Information. No person shall work as a manager, assistant manager or entertainer at an adult entertainment establishment without an adult entertainment manager or entertainer license from the city. All applications for a manager's or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:
a. 
The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by Pierce County department of public safety at its headquarters or any of its precincts, social security number, and any stage names or nicknames used in entertaining.
b. 
The name and address of each business at which the applicant intends to work.
c. 
Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
i. 
A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth;
ii. 
A state-issued identification card bearing the applicant's photograph and date of birth;
iii. 
An official passport issued by the United States of America;
iv. 
An immigration card issued by the United States of America; or
v. 
Any other identification that the city determines to be acceptable.
d. 
A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.
e. 
A description of the applicant's principal activities or services to be rendered.
f. 
Two two-inch by two-inch photographs of applicant, taken within six months of the date of application showing only the full face.
g. 
Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
2. 
The city clerk may request additional information or clarification when necessary to determine compliance with this chapter.
3. 
A manager's or entertainer's license shall be issued by the city clerk within 14 days from the date the complete application and fee are received unless the city clerk 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 on the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the city clerk determines that the applicant has failed to qualify for the license applied for, the city clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the city clerk has failed to approve or deny an application for a manager's license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as a manager in a duly licensed adult entertainment establishment until notified by the city clerk that the license has been denied, but in no event may the city clerk extend the application review time for more than an additional 20 days.
4. 
Every adult entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment establishment.
C. 
Temporary Entertainer License. An applicant for an adult entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the 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.
(Ord. 1767 § 1 (part), 1996; Ord. 2788 § 4, 2021)
A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided.
(Ord. 1767 § 1 (part), 1996)
This chapter does not apply to taverns and premises maintaining liquor licenses and which are subject to the rules and regulations of the Washington State Liquor Control Board.
(Ord. 1767 § 1 (part), 1996)
The following standards of conduct must be adhered to by employees of any adult entertainment establishment:
A. 
No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest patron.
B. 
No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection A of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.
C. 
No employee or entertainer mingling with patrons shall wear or use any device or covering exposed to view which simulates the female breast below the top of the areola, vulva, genitals, anus, or buttocks.
D. 
No employee or entertainer shall caress, fondle, or erotically touch any patron. No employee or entertainer shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer. No employee or entertainer shall sit on a patron's lap or separate a patron's legs.
E. 
No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of chapter 7.48A RCW, the Washington Moral Nuisances Statute.
F. 
No employee or entertainer mingling with patrons shall conduct any dance, performance or exhibition in or about the non-stage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet from the patron or patrons for whom dance, performance or exhibition is performed.
G. 
No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any patron. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the non-stage area of the adult entertainment establishment shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.
(Ord. 1767 § 1 (part), 1996)
There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed.
(Ord. 1767 § 1 (part), 1996)
Every place offering adult entertainment shall be physically arranged in such a manner that:
A. 
Performance Area. The performance area where adult entertainment, as described in SMC § 5.56.000(A)(1), (A)(2) and (A)(3), and SMC § 5.56.180(A), is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which patrons have access. A continuous railing three to five feet in height above the floor and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager's station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.
B. 
No activity or entertainment occurring on the premises shall be visible at any time from any other public place.
(Ord. 1767 § 1 (part), 1996)
A sign shall be conspicuously displayed in a common area of the premises which shall read as follows:
This adult entertainment establishment is regulated by the City. Entertainers are:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE.
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.
D. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA.
(Ord. 1767 § 1 (part), 1996)
The following additional requirements must be adhered to at any panoram or peep show:
A. 
The interior of every panoram station shall be visible from a continuous main aisle and shall not be obscured by any curtain, door, wall, or other enclosure.
B. 
The licensee shall not permit any doors to public areas on the premises to be locked during business hours.
C. 
Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or licensed inspector.
D. 
Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight-point type will be readable by the human eye with 20/20 vision from two feet away.
E. 
The use of any panoram or peep show device shall be limited to a single patron or customer at a time.
(Ord. 1767 § 1 (part), 1996)
At any adult entertainment establishment, the following are required:
A. 
Admission must be restricted to persons of the age of 18 years or more.
B. 
No adult entertainment shall be visible outside of the adult entertainment establishment, nor any photograph, drawing, sketch or other pictorial or graphic representation which includes lewd matter as defined in chapter 7.48A RCW or display of sexually explicit material in violation of RCW 9.68.130.
C. 
Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight-point type will be readable by the human eye with 20/20 vision from two feet away. This section shall not apply to the theater section of an adult motion picture theater during the showing of any movie, film or material.
(Ord. 1767 § 1 (part), 1996)
A. 
Criminal Penalty. Any person violating any of the terms of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $1,000 or imprisonment for a maximum term fixed by the court or not more than 90 days, or by both such fine and imprisonment.
B. 
Civil Penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this chapter.
(Ord. 1767 § 1 (part), 1996)
Notwithstanding the existence or use of any other remedy, the city clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this chapter.
(Ord. 1767 § 1 (part), 1996)