For the purpose of this chapter, the words and phrases used in this section shall have the following meanings, unless context indicates otherwise:
“Adult entertainment”
shall mean any of the following:
1. 
Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. 
Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation, or relation to the following specified sexual activities:
a. 
Human genitals in a state of sexual stimulation or arousal;
b. 
Acts of human masturbation, sexual intercourse, or sodomy;
c. 
Fondling or other erotic touching of human genitals, pubic area, buttocks, or female breast.
“Adult entertainment establishment”
shall mean any commercial premises or club to which any patron is invited or admitted and where adult entertainment is provided on a regular basis or is provided as a substantial part of the premises activity.
“Applicant”
shall mean the individual or entity seeking an adult entertainment business.
“Applicant control persons”
shall mean all partners, corporate officers, and directors, and any other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business.
“Employee”
shall mean any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment.
“Entertainer”
shall mean any person who provides live adult entertainment, whether or not a fee is charged or accepted for such entertainment.
“Finance Department”
shall mean the City of Tacoma Finance Department, Tax and License Division.
“Manager”
shall mean any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.
“Operator”
shall mean any person operating, conducting, or maintaining an adult entertainment establishment.
“Picture machine”
shall mean any machine, instrument, or device showing moving pictures, slides, plain, colored or three-dimensional pictures, or any picture device of a similar nature depicting sexual conduct or specified anatomical areas, the operation of which is made possible by the insertion or placing of any coin, plate, disc, or slug into the slot or other receptacle, or by the payment of any consideration to another for such purpose.
“Sexual conduct”
shall mean acts of (1) sexual intercourse within its ordinary meaning; (2) any contact between persons involving the sex organs of one person and the mouth or anus of another; (3) masturbation, manual or instrumental, of oneself, or of one person by another; or (4) touching of the sex organs or anus of oneself, or of one person by another.
“Specified anatomical areas”
shall mean and include any of the following:
1. 
Human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolas; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 27297 § 1, 2004-11-23; Ord. 27343 § 1, 2005-03-29; Ord. 28539 Ex. G, 2018-11-06)
Based on public testimony and other evidence presented to it, the Tacoma City Council makes the following findings of fact:
A. 
The secondary effects of the activities defined and regulated in this article are detrimental to the public health, safety, morals, and general welfare of the citizens of the City and, therefore, such activities must be regulated.
B. 
Regulation of the adult entertainment industry is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics, alcoholic beverage law violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.
C. 
Proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution, and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the City which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety, and general welfare of its citizens.
D. 
The activities described in subsections B and C of this section occur, in the absence of regulation, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages.
E. 
It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each entertainer is an adult, and to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible.
F. 
It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment, so there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers, and other employees.
G. 
The license fees required in this chapter are necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating the adult entertainment industry.
H. 
Hidden ownership interests for the purpose of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white-collar crime elements. In order for the City to effectively protect the public health, safety, morals, and general welfare of its citizens and effectively allocate its law enforcement resources, it is important that the City be fully apprised of the actual ownership of adult entertainment establishments and the identities and backgrounds of persons responsible for management and control of the adult entertainment establishments.
I. 
It is not the intent of this chapter to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article I, Section 5 of the Washington State Constitution, but rather to enact time, place, and manner regulations which address the compelling interests of the City in mitigating the secondary effects of adult entertainment establishments.
(Ord. 27297 § 1, 2004-11-23)
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 Finance Department 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 fees for an adult entertainment establishment license in the City as required in this chapter is $2,400 for the first year of application, of which $250 shall not be refundable, and a $600 annual renewal fee thereafter to defray the costs of processing the application.
Adult Entertainment Establishment License, Initial Fee
$2,400
Adult Entertainment Establishment License, Renewal Fee
$600
(Ord. 27297 § 1, 2004-11-23)
No person shall work as a manager or entertainer at an adult entertainment establishment without having first applied for a manager’s or entertainer’s license from the Finance Department. The annual fee for each such license shall be as follows:
Type of License
Annual Fee
Entertainer’s License
$150
Manager’s License
$150
(Ord. 27297 § 1, 2004-11-23; Ord. 27406 § 5, 2005-08-30)
It shall be unlawful for any person to display, exhibit, or permit to be displayed or exhibited or exposed in any restaurant, bar, tavern, or any other public location in the City any picture machine without first obtaining a license:
License
Annual Fee
Picture Machine Location
$300
(Ord. 27297 § 1, 2004-11-23; Ord. 28539 Ex. G, 2018-11-06)
A. 
Adult entertainment establishment license.
1. 
Required information. All applications for an adult entertainment establishment license shall be submitted to the Finance Department 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 person’s 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 each applicant control person, provide: name(s), including any aliases and previous names; driver’s license number, if any; social security number, if any; 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 business, including motion picture theaters and panoramas, whether from the City or another city, county, or state, and, if so, the names and addresses of all 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 another city, county, or state, providing names, addresses, and dates of operation for such business, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefore.
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, 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. 
Every applicant and applicant control person must consent to be fingerprinted for a state and federal criminal background check, and shall submit with their application a current full face photograph of the applicant, or consent to a full face photograph taken by the Director.
j. 
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 stations 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.
2. 
An application shall be considered 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 Finance Department may request other information or clarification in addition to that provided in a complete application when necessary to determine compliance with this chapter.
3. 
Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
4. 
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 21 days following such acquisition. The notice to the Finance Department shall include the same information required for an initial adult entertainment establishment license application.
5. 
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.
6. 
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.
7. 
Upon receipt of the complete application and fee, the Finance Department shall provide copies to the Police, Fire, Public Works, and Tacoma-Pierce County Health 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 approve or deny the application. If the application is denied by the Police, Fire, Public Works, or the Tacoma-Pierce County Health Departments, each said department shall make a written report to the Finance Department on such application and premises and give reasons why the application is failing to comply with the laws administered by the department. No license may be issued unless each department reports that the application and premises comply with relevant laws. In the event the premises are not yet constructed, the department 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 have 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 therefore, including applicable laws.
8. 
An adult entertainment establishment license shall be issued by the Finance Department within 45 days of the date of filing a complete license application and fee, unless the Finance Department 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 Finance Department shall make a reasonable effort to 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 Finance Department finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the Finance Department shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the Finance Department fails to issue or deny the license within 45 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 Finance Department that the license has been denied, but in no event may the Finance Department 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 presented to the Finance Department with proper photo identification. 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, social security number, and any stage names, aliases, and nicknames used in entertaining or otherwise.
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, date of birth, and signature;
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. 
Every manager, assistant manager, or entertainer must consent to be fingerprinted for a state and federal criminal background check, and shall submit with their application a current full-face photograph of the applicant, or consent to a full face photograph taken by the Director.
g. 
Authorization for the City, its agents, and employees to investigate and confirm any statements set forth in the application.
2. 
The Finance Department 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 Finance Department within 30 days from the date the complete application and fee are received, unless the Finance Department determines that the applicant 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 Finance Department has failed to approve or deny an application for a manager’s license within 30 days of filing 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 Finance Department that the license has been denied, but in no event may the Finance Department extend the application review time for more than an additional 20 days.
4. 
Every adult entertainer shall provide their license or application to the adult entertainment establishment manager on duty on the premises prior to the adult entertainer’s 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.
(Ord. 27297 § 1, 2004-11-23; Ord. 28008 Ex. D, 2011-07-26; Ord. 28593 Ex. A, 2019-07-02; Ord. 28910 Ex. A, 2023-10-31)
No adult entertainment shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. in an adult entertainment establishment.
(Ord. 27297 § 1, 2004-11-23)
A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided.
(Ord. 27297 § 1, 2004-11-23)
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 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 employer or entertainer shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer.
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 nonstage 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 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 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. 27297 § 1, 2004-11-23)
A. 
Performance area at adult entertainment establishments. Every place offering adult entertainment shall be physically arranged in such a manner that the performance area where adult entertainment 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 2 to 5 feet in height above the floor and located at least 8 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. 
Picture machines must be visible and publicly accessible. Every booth, cubicle, or partition utilized or maintained at a picture machine location as the area from which the screen of any picture machine is to be viewed shall be arranged so that any person viewing such picture machine screen shall be visible from the waist down to the floor from without obstruction by the viewing booth, cubicle, or partition. The licensee shall not permit any doors to any publicly accessible area on the premises to be locked during business hours. Every room or area on such premises which is open to the public shall be readily accessible at all times for inspection by any public officer charged with the enforcement of the provisions of applicable City ordinances or regulations. The licensee shall maintain minimum illumination generally distributed in all parts of the premises at all times when the picture machine area is open or when the public is permitted to enter or remain on the picture machine premises.
C. 
No activity or entertainment occurring on the premises shall be visible at any time from outside the facility or from any other public place.
(Ord. 27297 § 1, 2004-11-23)
At any adult entertainment establishment, the following are required:
A. 
Admission must be restricted to persons of the age of 18 years or older.
B. 
No adult entertainment shall be visible outside 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. A minimum lighting level of 30 lux horizontal measured at 30 inches from the floor on 10-foot centers is hereby established for all areas of the adult entertainment establishment where members of the public are admitted.
(Ord. 27297 § 1, 2004-11-23)
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. 27297 § 1, 2004-11-23)
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; and
D.
Not permitted to accept tips or gratuities directly from patrons while performing upon any stage area.”
(Ord. 27297 § 1, 2004-11-23)
This chapter shall not be construed to prohibit:
A. 
Plays, operas, musicals, or other dramatic works which are not obscene as defined in TMC Chapter 8.32;
B. 
Classes, seminars, and lectures held for serious scientific or educational purposes; or
C. 
Exhibitions or dances which are not obscene. Whether or not activity is obscene shall be judged by consideration of the following factors:
1. 
Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex;
2. 
Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b);
3. 
Whether the activity taken as a whole lacks serious literary, artistic, political, or scientific value.
(Ord. 27297 § 1, 2004-11-23)
(Exemption from chapter. Ord. 27297 § 1, 2004-11-23; Ord. 28593 Ex. A, 2019-07-02; repealed by Ord. 29016 Ex. A, 2025-01-28)