It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that adult entertainment facilities, as defined herein, are detrimental to the public health, safety, and welfare. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of public nuisances, including moral nuisances. Therefore, the licensing and operation of adult entertainment facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter.
(Ord. 2001-03 § 3 (part), 2001)
This chapter governs the licensing and operation of all adult entertainment facilities within the city. The location and siting of adult entertainment facilities is governed by the zoning regulations contained in Chapter 18.08 and Section 18.48.020 of the Poulsbo Municipal Code. All adult entertainment facilities shall satisfy the requirements of both this chapter and Chapter 18.08 and Section 18.48.020 of the Poulsbo Municipal Code. In the event that there is any conflict between the provisions of this chapter and the general business license regulations contained in Chapter 5.04 of the Poulsbo Municipal Code, or the licensing regulations for escort bureaus, escorts, and introductory services contained in Chapter 5.10 of the Poulsbo Municipal Code, then the provisions of this chapter shall control.
(Ord. 2001-03 § 3 (part), 2001)
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
A. 
“Adult arcade”
means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
B. 
“Adult cabaret”
means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. For purposes of this section, an establishment regularly features adult entertainment when such entertainment is offered on a recurring basis during the ordinary course of business.
C. 
“Adult entertainment”
means:
1. 
Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
2. 
Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such exhibition, performance, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
D. 
“Adult entertainment business license”
means a license issued by the city clerk under this chapter to the owner or operator of an adult entertainment facility.
E. 
“Adult entertainment facility”
means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store.
F. 
“Adult motel”
means a hotel, motel, or similar commercial establishment which:
1. 
Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from a public right-of-way that advertises the availability of this type of sexually oriented materials; or
2. 
Offers a sleeping room for rent for a period of time that is less than ten 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 ten hours.
G. 
“Adult motion picture theater”
means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
H. 
“Adult retail store”
means a commercial establishment such as a bookstore, video store, or novelty shop which, as its principal business purpose, offers for sale or rent, for any form of consideration, any one or more of the following:
1. 
Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
2. 
Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes fifty percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (i) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (ii) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.
I. 
“Applicant”
means a person or persons applying for a license under this chapter.
J. 
“City”
means the city of Poulsbo, Washington.
K. 
“City clerk”
means the city clerk of Poulsbo and all designees of the city clerk.
L. 
“Employee”
means any person, including a manager, assistant manager, and entertainer, who works in or renders any services directly related to the operation of any adult entertainment facility, whether or not such person is paid compensation by the owner or operator of the adult entertainment facility.
M. 
“Entertainer”
means any person who provides live adult entertainment in an adult entertainment facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the adult entertainment facility and whether or not a fee is charged or accepted for such entertainment.
N. 
“Entertainer’s license”
means a license issued by the city clerk under this chapter to an entertainer.
O. 
“Licensee”
means a person or persons in whose name a license to operate an adult entertainment facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license and, in the case of a manager, assistant manager or entertainer, a person in whose name a license has been issued authorizing employment or entertainment in an adult entertainment facility.
P. 
“Manager”
means any person who manages, directs, or administers the affairs or conducts of any portion of any activity within an adult entertainment facility, including assistant managers working with or under the direction of a manager to carry out such purposes.
Q. 
“Manager’s license”
means a license issued by the city clerk under this chapter to a manager or assistant manager of an adult entertainment facility.
R. 
“Nude”
means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.
S. 
“Owner or operator”
means any person who owns, operates, or has a significant interest in an adult entertainment facility, with significant interest being based on responsibility for management of the business. Where an adult entertainment facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where an adult entertainment facility is owned or operated by a corporation, including a limited liability organization, then each officer, director, and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this chapter, a principal stockholder is a person who owns or controls twenty percent or greater interest in an adult entertainment facility.
T. 
“Person”
means an association, corporation, estate, firm, individual, joint venture, marital community, partnership, or other legal entity or group of persons however organized.
U. 
“Sexually oriented materials”
means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
V. 
“Specified anatomical areas”
means and includes any of the following:
1. 
The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. 
Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.
W. 
“Specified criminal offense”
means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, an activity prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC Sections 1961—1968, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:
1. 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or
2. 
Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or
3. 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a twenty-four-month period.
X. 
“Specified sexual activities”
means and includes any of the following:
1. 
The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.
(Ord. 2001-03 § 3 (part), 2001)
A. 
Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for a maximum term of not more than ninety days, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine.
B. 
Separate Offense. Each day during any portion of which a violation of any provision of this chapter is committed or is permitted is a separate offense.
(Ord. 2001-03 § 3 (part), 2001)
A. 
Public Nuisance. Any adult entertainment facility operated, conducted, or maintained in violation of this chapter or any law of the city of Poulsbo shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy.
B. 
Moral Nuisance. Any adult entertainment facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply regardless of any other remedy.
(Ord. 2001-03 § 3 (part), 2001)
A. 
This chapter shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals, or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (3) exhibitions, performances, expressions, or dances that are not obscene.
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 the prurient interest in sex; and
2. 
Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards and 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. 2001-03 § 3 (part), 2001)