It is the purpose of this chapter to regulate adult entertainment businesses and related activities to promote the health, safety, morals and welfare of the citizens of the City of Everson, and to establish reasonable and uniform regulations to prevent the adverse secondary effects of these businesses on the community. It is not the intent of this chapter to impose any limitation or restriction on the content of any communicative materials, to restrict or deny access by adults to adult entertainment protected by the State or Federal Constitutions, or to deny access of the distributors and exhibitors of adult entertainment to the marketplace. It is not the intent of this chapter to condone or legitimize the distribution of obscene materials.
(Ord. 561 § 2, 1999)
A. 
"Adult arcade"
means an establishment which does not meet the definition of "adult motion picture theater" to which any person is admitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, arranged or situated for viewing of the image produced thereby by 49 or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions or electronically stored or produced images or projections, which are characterized by the depiction of specified sexual activities or specified anatomical areas.
B. 
"Adult bookstore"
means a retail establishment selling or renting for viewing or use, off the premises, any books, magazines, videos, posters, cards, or other motion pictures, printed matter or electronically stored images, whether on tape, CD-ROM or other electronic or digital storage media, which depict, describe or simulate specified anatomical areas or specified sexual activities.
C. 
"Adult cabaret"
means a nightclub, bar, restaurant, theater, hall, studio, or similar commercial establishment which regularly features persons who appear nude or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities or by specified sexual exhibitions.
D. 
"Adult entertainment business"
means any commercial premises to which any person is invited or admitted which regularly depicts, displays or describes specified sexual activities or specified anatomical areas as a substantial or regular part of the premises activity, including any adult arcade, adult motion picture theater, adult cabaret, adult motel and adult bookstore.
E. 
"Adult motion picture theater"
means a commercial establishment which meets the requirements of Section 3.03 of the Uniform Building Code (UBC), as adopted and amended, where seating is provided for 50 or more persons and where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions or imagery, which are characterized by the depiction of specified anatomical areas, or specified sexual activities, are regularly shown.
F. 
"Adult motel"
means a hotel, motel, or similar commercial establishment which regularly:
1. 
Offers accommodations to the public for any form of consideration, and regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions or images, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions or imagery; or
2. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
3. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
G. 
"Applicant"
means the individual or entity seeking the adult entertainment business license from the City of Everson.
H. 
"Applicant control persons"
means 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 business, based on responsibility for management of that business.
I. 
"Entertainer"
means any person who appears nude or who performs any exhibition or dance characterized by the exposure of specified anatomical areas or specified sexual activities or specified sexual exhibitions at any adult entertainment business.
J. 
"Manager"
means any person who manages, directs, administers, or is in charge of the activities in and/or conduct of any adult entertainment business.
K. 
"Nude" or "state of nudity"
means the appearance of less than completely and opaquely covered human buttock, anus, pubic region, male genitals, female genitals, or the female breast below a point immediately above the areolae.
L. 
"Operator"
means the owner, licensee, operator, and/or person in control of any adult entertainment business.
M. 
"Specified anatomical areas"
means any of the following:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areolae; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
N. 
"Specified sexual activities"
means any of the following:
1. 
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. 
Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. 
Human masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in subsections (N)(1) though (3) of this section.
O. 
"Specified sexual exhibitions"
means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
(Ord. 561 § 2, 1999)
An application for an adult entertainment license shall be made on a form provided by the City. A separate license shall be obtained for each category of business defined in EMC § 5.08.020(A) and for each location. Any applicant desiring to operate an adult entertainment business shall file with the City Clerk the original and two copies of a completed and sworn license application together with the following information:
A. 
Name, any aliases or previous names, driver's license number, Federal tax identification number (unless a natural person), and business, mailing and residential address for each applicant and applicant control persons.
B. 
Proof that each applicant and applicant control persons has attained the age of 18 years.
C. 
If applicant is a partnership, whether general or limited; and if a corporation, the date and place of incorporation, evidence that it is in good standing under the laws of the State of incorporation, and the name and address of any registered agent for service of process within the State of Washington.
D. 
Whether the applicant or any applicant control persons holds any other licenses under this chapter or any similar adult entertainment or sexually oriented business ordinance from another city or county, and, if so, the names and addresses of such other licensed businesses.
E. 
The single classification of license requested.
F. 
The location 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.
G. 
Two two-inch by two-inch photographs of each applicant (if a natural person) and applicant control persons taken within six months of the date of application, showing only the full face.
H. 
A complete set of fingerprints for each applicant (if a natural person) and applicant control persons on forms prescribed by the Chief of Police of the City of Everson.
I. 
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 offices and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret or adult arcade shall include building plans which demonstrate conformance with the requirements of EMC § 5.08.090 or § 5.08.100, respectively.
J. 
A nonrefundable application fee in the amount of $500.00 shall be paid at the time of filing an application in order to defray the costs of processing the application.
K. 
Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
(Ord. 561 § 2, 1999; Ord. 677 § 4, 2008)
Upon receipt of a complete application and application fee the Clerk or designee shall provide copies of the application to the Police Department for their investigation and review to determine compliance of the proposed business with the laws and regulations which the department administers.
The Police Department shall recommend denial of a license under this chapter if it finds that the proposed business is not in conformance with the requirements of any provision of any statute, code, ordinance, regulation or other law in effect in the City. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
(Ord. 561 § 2, 1999)
The Clerk shall grant or deny an adult entertainment license within 30 days from the date the complete application and fee were received, unless the applicant has requested and been granted an extension of time by the Clerk. If a license is not granted or denied within 30 days of proper filing, the applicant may, subject to all other applicable laws, operate the business for which the license was sought until notified by the clerk or designee that the license has been denied.
An adult entertainment license shall be granted by the Clerk unless one or more of the following grounds for denial is present, in which case the license shall be denied:
A. 
An applicant has failed to provide information required under this chapter for the issuance of the license; or
B. 
An applicant has provided false information on the application form or supporting documentation; or
C. 
The applicant has failed to permit entry onto the premises for City representatives for the purpose of determining whether they are in compliance with the provisions of this chapter and with health, fire, building and land use codes of the City; or
D. 
The Clerk or the head of the Police Department has determined that the proposed business does not comply with the requirements of this chapter or with a specified, applicable law or regulation.
The 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 address of the licensed adult entertainment business. One photograph of the applicant (if a natural person) shall be affixed to the license. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read at any time the business is open.
(Ord. 561 § 2, 1999)
The annual fee for an adult entertainment license for an adult cabaret shall be $500.00. The annual fee for an adult entertainment license for all other adult entertainment businesses shall be $125.00. These fees shall be used to help defray the costs of administering this chapter.
Each license shall expire annually on December 31st and must be renewed by January 1st. An application for license renewal shall contain such information as is necessary to update the application information provided pursuant to EMC § 5.08.030.
Where a license becomes effective on a date other than January 1st, the license fee shall be pro-rated on a quarterly basis. The pro-rated fee shall include full payment for the calendar quarter in which the license becomes effective and for each calendar quarter thereafter, to the end of the year.
(Ord. 561 § 2, 1999)
No person shall work as a manager at an adult cabaret without first obtaining a manager's license from the City. No person shall work as an entertainer at an adult cabaret without first obtaining an entertainer's license from the City. Each applicant for an entertainer's or manager's license shall complete an application on forms provided by the City containing the information identified in EMC § 5.08.030(A), (B), (D), (E), (G), (H) and (K). A nonrefundable application fee of $150.00 shall accompany the application. A copy of the application shall be provided to the Police Department for its review, investigation and recommendation, which shall be provided to the Clerk within two business days of the date the complete application was filed.
An applicant for a manager's or entertainer's license shall be issued a temporary license upon receipt of the completed application and fee. The temporary license shall be valid until the Clerk grants or denies the application, and if denied, all available appeals have been resolved. A manager's or entertainer's license shall be granted by the Clerk within two business days of receipt of a complete application and fee unless the applicant fails to provide the required information, makes false statements on the application or in accompanying documentation or is under the age of 18 years, in which case it shall be denied.
A manager's or entertainer's license expires annually on December 31st and must be renewed by January 1st. The annual fee for this license shall be $300.00, which amount shall be used to help defray the cost of administration of this chapter. An application for renewal shall contain such information as is necessary to update the information required for the original license application.
Each manager's and entertainer's license shall be conspicuously displayed in the adult cabaret at or near the main entrance so that it may be easily read at all times the manager or entertainer is working or performing in the cabaret. Each license shall contain the name of the licensee and date of expiration. One photograph of the licensee shall be affixed to the license.
(Ord. 561 § 2, 1999)
The following requirements shall apply to all adult cabarets within the City:
A. 
Nude Dancing Prohibited in Establishments Offering Alcoholic Beverages. Nude dancing or the performance of any exhibition or dance characterized by the exposure of specific anatomical areas or specified sexual activities as defined in this chapter shall be prohibited within the City of Everson in any establishment, business, adult arcade, adult cabaret and or at any commercial event or function of any nature where alcoholic beverages are served.
B. 
Manager on Premises.
1. 
A licensed manager shall be on duty at an adult cabaret business premises at all times any person appears nude or any live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities or by specified sexual exhibitions is provided. Where there is more than one performance area, or the performance area is of such size or dimension that one manager is unable to visually observe, at all times, each person appearing nude or exhibiting specified anatomical areas or specified sexual activities or specified sexual exhibitions, a licensed manager shall be provided for each performance area or portion of a performance area visually separated from other portions of the performance area. The licensed manager(s) shall maintain visual contact with each entertainer at all times the entertainer is present in the public, performance or customer areas of the adult cabaret.
2. 
The licensed manager on duty shall not be an entertainer.
3. 
It shall be the responsibility of the manager to verify that any entertainer who works or appears within the premises possesses a current and valid entertainer's license posted in the manner required by this chapter and that each entertainer conforms to the standards of conduct and other requirements of this chapter.
4. 
The name of the manager on duty shall be prominently displayed during business hours.
C. 
Premises – Specifications.
1. 
The portion of the adult cabaret premises in which any person appears nude or where any live performance characterized by the exposure of specified anatomical areas or the depiction of specified sexual activities or specified sexual exhibitions is conducted 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 10 feet from all areas of the premises to which patrons have access ("performance area"). A continuous railing at least three feet in height and located on the floor at least 10 feet from all points of the performance area shall separate the performance area and the patron areas.
2. 
Sufficient lighting shall be provided and equally distributed throughout the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times and so that a program, menu or list printed in eight-point type may be read by a person with normal vision.
D. 
Standards of Conduct. The following standards of conduct must be adhered to by patrons, entertainers, managers and employees of adult cabarets at all times live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities or by specified sexual exhibitions or persons appearing nude are provided:
1. 
No employee or entertainer shall appear nude on any part of the premises open to view of patrons or other members of the public, except on or in the performance area.
2. 
No patron or customer shall go into or upon the performance area while live adult entertainment including the exhibition of specified anatomical areas or specified sexual activities or specified sexual exhibitions is being performed, or when any employee or entertainer is within the performance area.
3. 
No person shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person in any area of the premises open to the public or to patrons.
4. 
No person shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public or patron, which contact is intended to arouse or excite sexual desires.
5. 
No employee or entertainer shall perform acts of: sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts which are prohibited by law, in or in view of any area of the premises open to members of the public or patrons.
6. 
No entertainer shall be visible from any public place outside the premises during the actual or apparent hours of his or her employment or performance on the premises.
7. 
No entertainer may receive or solicit payment of any tip, gratuity, or other compensation directly from any patron. Patrons may give tips, gratuities, or other compensation to a licensed manager for distribution to an entertainer.
8. 
Signs at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF EVERSON.
ENTERTAINERS ARE:
•
NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
•
NOT PERMITTED TO APPEAR NUDE, EXCEPT ON STAGE.
•
NOT PERMITTED TO PERFORM WITHIN TEN (10') FEET OF PATRONS.
•
NOT PERMITTED TO RECEIVE TIPS OR GRATUITIES DIRECTLY FROM PATRONS. ALL TIPS MUST BE GIVEN TO THE MANAGER FOR DISTRIBUTION TO ENTERTAINERS.
E. 
Age Requirement for Patrons. No person under the age of 18 years may be admitted to an adult cabaret. The licensed manager on duty shall be responsible for taking reasonable measures to ensure that each person admitted to the premises has attained the requisite age. Reasonable measures shall include requiring persons seeking admission to provide photo identification and proof of the required age in the form of a driver's license, passport, or other form of identification issued by a Federal, State or local government which indicates the name and date of birth of the person seeking admission.
F. 
Hours of Operation. No adult cabaret shall provide or allow live performances characterized by the exposure of specified anatomical areas or specified sexual activities or specified sexual exhibitions or persons appearing nude between the hours of 2:00 a.m. and 8:00 a.m.
(Ord. 561 § 2, 1999)
Adult arcades shall be required to conform to the following standards:
A. 
All viewing booths, rooms, cubicles, and other areas separated in any fashion from the public or common areas of the premises and utilized for the viewing of photographic reproductions or other images characterized by the depiction of specified anatomical areas or specified sexual activities shall be constructed, maintained and lighted so that the interior of the viewing booth is observable by direct line of sight by persons in the adjacent aisles or other open areas of the premises. The booths shall have walk-through entrances and no doors, screens, curtains or other encumbrances on the entrance. Any chair or seating surface in such viewing booth shall not provide a seating surface that is more than 20 inches in either length or width and shall not be higher than 20 inches from the floor. There shall be no more than one such chair or seating surface in any viewing booth. Interior walls must be solid with no openings of any nature whatsoever to allow contact with adjoining booths or any other portion of the premises.
B. 
The entire interior of the adult arcade shall be arranged in such a manner so that each viewing booth is entered from a continuous main aisle at least five feet in width. The view from the continuous main aisle of any person inside a station shall not be obstructed except by a door permitted in this section and in no event may the view from the continuous main aisle into the station be obstructed, or the station be designed in such a way as to prevent the determination of the number of persons therein. The entire floor area of the viewing booth must be level with the continuous main aisle. No steps or risers are allowed in any such booth.
C. 
Doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee shall not be locked during business hours.
D. 
All viewing booths, as defined in subsection A of this section, shall be maintained in a clean and sanitary condition at all times. All floors, walls and ceilings shall consist only of hard, cleanable surfaces. All booths shall be thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially infectious materials (including, without limitation, semen, blood and vaginal secretions), but at least once daily. Any such potentially infectious materials, together with any cleaning rags, cloths or other implements, and any condoms, needles, or other items that may contain such potentially infectious materials, shall be placed in a properly labeled "medical waste" bag and disposed of pursuant to applicable laws or regulations.
E. 
Booth occupancy is restricted to one person per booth. Specified sexual activities as defined herein are precluded in booths. The precluded activities shall include, but shall not be limited to, masturbation, fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts.
F. 
There shall be permanently posted and maintained in at least two conspicuous locations on the interior of every view booth a sign stating:
1. 
Masturbation in such booths is prohibited; and
2. 
It is unlawful for more than one customer to occupy a viewing booth at any one time.
3. 
Violators are subject to criminal prosecution under the Revised Code of Washington and/or the Everson Municipal Code.
Each sign shall be conspicuously posted. The letters shall be on a contrasting background and no smaller than three-fourths-inch in height.
G. 
A licensed manager shall be on duty at all times that an adult arcade is open for business or allows the admission of any patron. The manager and the operator shall have a continuing duty to ensure compliance with the adult arcade standards set forth herein. It shall be unlawful for adult arcade operator, managers, employees or agents to knowingly allow specified sexual activities as defined herein to occur anywhere on the premises of an adult arcade establishment or any other establishment under their control.
H. 
Age Requirement for Patrons. No person under the age of 18 years may be admitted to an adult arcade. The licensed manager on duty shall be responsible for taking reasonable measures to ensure that each person admitted to the premises has attained the requisite age. Reasonable measures shall include requiring persons seeking admission to provide photo identification and proof of the required age in the form of a driver's license, passport, or other form of identification issued by a Federal, State or local government which indicates the name and date of birth of the person seeking admission.
(Ord. 561 § 2, 1999)
This chapter shall not be construed to prohibit:
A. 
Plays, operas, musicals, and other dramatic works, exhibitions or dances which are not obscene;
B. 
Classes, seminars, and lectures held for serious scientific or educational purposes which are not obscene; or
C. 
Exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b). 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; and
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); and
3. 
Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
(Ord. 561 § 2, 1999)
Each adult entertainment business shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises, including independent contractors and their employees, as an entertainer. This record shall be open to inspection by the Police Chief or designee during hours of operation of the business upon 24 hours' notice to the licensee.
(Ord. 561 § 2, 1999)
In order to ensure compliance with this chapter all areas of licensed adult entertainment business premises which are open to the public or to customers or patrons, except adult motel sleeping rooms during the times such rooms are actually rented to customers, shall be open to inspection by the Police Chief or designee during the hours when the premises are open for business.
(Ord. 561 § 2, 1999)
A. 
A license granted under this chapter may be suspended or revoked by the Clerk, after investigation and upon the recommendation of the City Attorney, Police Chief, or the Whatcom County Health Officer, where one or more of the following conditions exist:
1. 
The license was procured by fraud or misrepresentation of a material fact in the application or in any supporting documentation; or
2. 
The business or business premises, entertainer or manager, after 30 days' written notice of noncompliance, continues to be in violation of any provision of this chapter or of any other applicable law or regulation; or
3. 
The licensee, operator or any employee has knowingly allowed, in or upon the premises, any violation of EMC § 5.08.090(C), § 5.08.090(D) or § 5.08.100.
B. 
The Clerk shall provide at least 10 days' prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the City Council as provided in this chapter, and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.
C. 
A license procured by fraud or misrepresentation shall be revoked. Where the conditions listed in subsections B or C of this section are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.
D. 
A licensee whose license has been revoked may reapply for a new license one year after the effective date of the revocation.
(Ord. 561 § 2, 1999)
A. 
Any applicant or licensee aggrieved by a decision of the Clerk regarding a license denial, refusal to renew, revocation or suspension may, within 10 days of the date of the written notice of such action, file with the Clerk a notice of appeal to the City Council. Such notice of appeal shall contain a concise statement of the action from which the appeal is taken, the grounds for the appeal, and the relief requested.
B. 
Within 10 days of receipt of a timely appeal the Clerk shall forward to the City Council the administrative record of the licensing decision to the City Council.
C. 
The City Council shall, within 30 days of the date the appeal was received by the Clerk, hold a public hearing to consider the appeal. The appellant shall be provided at least seven days' written notice of the date of the hearing. The City Council's review shall be de novo. The action of the Clerk shall be stayed upon filing of the appeal, pending the decision of the City Council.
D. 
The Clerk shall have the burden of proof by a preponderance of the evidence in all appeals under this section. The decision of the City Council shall be final. Any action to review the decision of the City Council in Superior Court must be commenced within 14 days of the date of the decision of the City Council. If a timely appeal to the Superior Court is commenced by a person aggrieved by a decision of the City Council, the decision of the City Council shall be stayed during the pendency of the appeal.
(Ord. 561 § 2, 1999)
Any adult entertainment business legally operating upon the effective date of Ordinance No. 561 shall be exempt from the application and license requirements for the remainder of 1999. Beginning January 1, 2000, all adult entertainment businesses and other licenses under this chapter shall be required to have a license as provided in this chapter. Any legally existing adult entertainment business whose premises are not in conformance with the requirements of this chapter shall be brought into conformance with this chapter within 30 days of the effective date of Ordinance No. 561. All other provisions of this chapter shall apply to existing businesses upon the effective date of Ordinance No. 561.
(Ord. 561 § 2, 1999)
The provisions of this chapter are in addition to all other regulations, statutes and ordinances. All adult entertainment businesses shall be required to obtain any licenses and to pay all taxes and fees required by other provisions of this code in addition to the license required in this chapter.
(Ord. 561 § 2, 1999)
Any person violating any provision of this chapter shall be guilty of a Class A misdemeanor. Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation as provided in this chapter.
(Ord. 561 § 2, 1999)
Any adult entertainment business operating in violation of this chapter shall be deemed a public nuisance. The City may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin or abate such nuisances in the manner provided by law.
(Ord. 561 § 2, 1999)
It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
No provision or term in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees to or for the benefit of any person or class of persons. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of any owner, operator, manager, or other person to comply with the provisions of this chapter, or by reason of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City relegated in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 561 § 2, 1999)
No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers, or any other person inside any adult entertainment business that police officers or City health, fire, licensing, or building inspectors are approaching or have entered the premises.
(Ord. 561 § 2, 1999)