A. 
It is unlawful for any person to operate an adult entertainment facility unless that person is the holder of a valid adult entertainment business license issued by the city clerk under this chapter.
B. 
It is unlawful for any person to work as a manager in an adult entertainment facility unless that person is the holder of a valid manager’s license issued by the city clerk under this chapter.
C. 
It is unlawful for any person to work or perform as an entertainer in an adult entertainment facility unless that person is the holder of a valid entertainer’s license issued by the city clerk under this chapter.
D. 
It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as a manager or entertainer at the adult entertainment facility unless that person holds a valid license issued by the city clerk under this chapter.
(Ord. 2001-03 § 3 (part), 2001)
A. 
No person shall operate an adult entertainment facility within the city of Poulsbo without a valid adult entertainment business license issued by the city clerk.
B. 
Each person qualifying as an owner or operator of the proposed adult entertainment facility shall submit a separate application. Each applicant shall be separately qualified under this chapter.
C. 
All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:
1. 
The date of the application;
2. 
The legal name, any previous names, any aliases, any driver’s license number, any social security number, and the date of birth of the applicant;
3. 
Documentation that the applicant has attained the age of eighteen years. Any of the following shall be accepted as documentation of age:
a. 
A valid driver’s license issued by any state bearing the applicant’s photograph and date of birth,
b. 
A valid identification card issued by any state,
c. 
An official passport issued by the United States of America,
d. 
An immigration card issued by the United States of America, or
e. 
Any other form of identification that the city clerk determines to be acceptable;
4. 
If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners;
5. 
If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington;
6. 
A description of the principal activities and services to be offered by the proposed adult entertainment facility, including a summary of the types of adult entertainment and sexually oriented materials to be offered for sale or rent by the proposed adult entertainment facility;
7. 
A description of the principal activities and services to be rendered by the applicant with respect to the proposed adult entertainment facility;
8. 
A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense;
9. 
A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses;
10. 
A statement whether the applicant has had a previous license issued under this chapter or under a similar ordinance from another city or county denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation;
11. 
A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation;
12. 
The proposed location of the adult entertainment facility, including a legal description of the property, street address, and telephone numbers, if any;
13. 
The present mailing and residential address of the applicant;
14. 
Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant;
15. 
A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city police department;
16. 
A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the adult entertainment facility. The sketch or diagram shall be drawn to a scale of twenty feet to one inch and to an accuracy of plus or minus six inches;
17. 
Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application and a statement releasing the city and its agents from any liability resulting therefrom.
D. 
Each applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.
E. 
An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the city clerk may request information or clarification in addition to that provided in a complete application.
F. 
If any person or entity acquires, subsequent to the issuance of an adult entertainment business license, a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the city clerk within twenty-one calendar days following such acquisition, and the person acquiring the interest shall submit a complete application to the city clerk in accordance with this section within forty-five calendar days of acquiring such interest. For the purpose of this subsection, “significant interest” means principal responsibility for management or operation of an adult entertainment facility.
G. 
Each adult entertainment facility business license application shall be accompanied by a nonrefundable application fee as set forth in Section 3.12.040(E).
(Ord. 2001-03 § 3 (part), 2001; Ord. 2003-16 § 12 (part), 2003)
A. 
No person shall work or perform as a manager or entertainer at an adult entertainment facility without a valid manager’s or entertainer’s license issued by the city clerk.
B. 
All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:
1. 
The date of the application;
2. 
The legal name, any previous names, any aliases, any driver’s license number, any social security number, and the date of birth of the applicant;
3. 
Documentation that the applicant has attained the age of eighteen years. Any of the following shall be accepted as documentation of age:
a. 
A valid driver’s license issued by any state bearing the applicant’s photograph and date of birth,
b. 
A valid identification card issued by any state,
c. 
An official passport issued by the United States of America,
d. 
An immigration card issued by the United States of America, or
e. 
Any other form of identification that the city clerk determines to be acceptable;
4. 
The height, weight, hair, and eye color of the applicant;
5. 
The present mailing and residential address of the applicant;
6. 
The name and address of the adult entertainment facility at which the applicant will work or perform;
7. 
A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility;
8. 
Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant;
9. 
A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city police department;
10. 
A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense;
11. 
A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county and, if so, the operating names and locations of the other licensed businesses;
12. 
A statement whether the applicant has had a previous license issued under this chapter or under a similar ordinance from another city or county denied, suspended, or revoked and, if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation;
13. 
Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application and a statement releasing the city and its agents from any liability resulting therefrom.
C. 
The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.
D. 
An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the city clerk may request information or clarification in addition to that provided in a complete application.
E. 
Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee as set forth in Section 3.12.040(E).
(Ord. 2001-03 § 3 (part), 2001; Ord. 2003-16 § 12 (part), 2003)
A. 
Upon receipt of a complete adult entertainment business license application and filing fee, the city clerk shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed adult entertainment facility within twenty business days of receipt of the application by the city clerk, unless circumstances support extending the investigation. If the investigation is extended, the city clerk shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed ten additional business days from the original expiration of the twenty business day time period stated above. The police department shall conduct an appropriate background check of the applicant, including, but not limited to, a Washington State criminal history background check through the Washington State Patrol, in order to verify the statements made in the application are true and correct. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the city clerk. In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult entertainment business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application.
B. 
In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing to the city clerk. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will violate any provision of any statute, code, ordinance, regulation, or other law in effect in the city.
(Ord. 2001-03 § 3 (part), 2001)
A. 
Upon receipt of a complete manager’s or entertainer’s license application and filing fee, the city clerk shall stamp the application as received, issue the temporary license provided for in Section 5.06.110(B)(2), and forward a copy of the application to the police department. The police department shall conduct an appropriate background check, including but not limited to, a Washington State criminal history background check through the Washington State Patrol, in order to verify that the statements made in the application are true and correct. The police department shall report its findings to the city clerk in writing within the time period established by Section 5.06.110(B)(1).
(Ord. 2001-03 § 3 (part), 2001)
A. 
Issuance of Adult Entertainment Business License.
1. 
The city clerk shall grant or deny an application for an adult entertainment business license within thirty business days from the date a complete application is filed unless a ten business day extension is granted for completion of the city’s investigation as provided in PMC Section 5.06.100(A), in which case the city clerk shall grant or deny an application for an adult entertainment business license within forty business days from the date a complete application is filed.
2. 
The city clerk shall issue an adult entertainment business license unless one or more of the criteria set forth in PMC Section 5.06.110(C)(1) is present.
3. 
An adult entertainment business 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 name and address of the adult entertainment facility. An adult entertainment business license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility.
4. 
An adult entertainment business license shall expire annually on December 31st.
B. 
Issuance of Manager’s or Entertainer’s License.
1. 
The city clerk shall grant or deny an application for a manager’s or entertainer’s license within fifteen calendar days from the date of its proper filing.
2. 
An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Such temporary license shall automatically expire on the fifteenth 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 twenty days.
3. 
The city clerk shall issue a manager’s or entertainer’s license unless one or more of the criteria set forth in PMC Section 5.06.110(C)(1) is present.
4. 
A manager’s or entertainer’s license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the adult entertainment facility at which the manager or entertainer will work or perform. Each manager and entertainer shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the adult entertainment facility, at all times the manager or entertainer is working or performing in the adult entertainment facility.
5. 
A manager’s or entertainer’s license shall expire annually on December 31st.
C. 
Denial of License Application.
1. 
The city clerk shall deny a license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:
a. 
The premises to be used for the proposed adult entertainment facility are not in compliance with applicable laws and ordinances;
b. 
An applicant is under eighteen years of age;
c. 
An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form;
d. 
An application fee required by this chapter has not been paid;
e. 
The applicant has been convicted of a specified criminal offense committed on the premises of an adult entertainment facility within the time periods defined in PMC Section 5.06.030(W).
2. 
In the event the city clerk denies an application, the city clerk shall do so in writing and shall state the specific reasons therefor, including applicable laws.
3. 
Denial of a license application is subject to appeal as set forth in PMC Section 5.06.150.
(Ord. 2001-03 § 3 (part), 2001)
A. 
A licensee may apply for renewal of an adult entertainment business license issued under this chapter. An application for renewal shall contain the information and documents required in PMC Section 5.06.080 and shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
B. 
A licensee may apply for renewal of a manager’s or entertainer’s license issued under this chapter. An application for renewal shall contain the information and documents required in PMC Section 5.06.090 and shall be accompanied by a nonrefundable application fee, the amount of which shall be established by resolution.
C. 
Application for renewal of an adult entertainment business license shall be made within forty calendar days before the expiration date of the currently valid license.
D. 
Application for renewal of a manager’s or entertainer’s license shall be made within fifty business days before the expiration date of the currently valid license.
E. 
An application for a renewal license shall be issued or denied according to the requirements of PMC Section 5.06.110.
F. 
Denial of a renewal license is subject to appeal as set forth in PMC Section 5.06.150.
(Ord. 2001-03 § 3 (part), 2001)
A. 
Adult Entertainment Business License. The holder of an adult entertainment business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them.
B. 
Manager’s or Entertainer’s License. The holder of a manager’s or entertainer’s license issued pursuant to this chapter shall not assign or transfer the license to another person.
(Ord. 2001-03 § 3 (part), 2001)
A. 
The city clerk may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be.
B. 
Upon receipt of notice of the suspension or revocation of an adult entertainment business license or manager’s license or entertainer’s license, the licensee shall without delay deliver such license to the city clerk. In the case of a suspension, the city clerk shall return the license to the licensee at the expiration of the suspension period.
C. 
Suspension of License. The city clerk shall suspend a license for a period not to exceed thirty calendar days if the city clerk determines that:
1. 
The licensee has refused to allow an inspection of the adult entertainment facility as required by Section 5.06.160; or
2. 
The licensee has not submitted a timely monthly report as required by Section 5.06.170(B); or
3. 
The licensee has violated any applicable requirement of this chapter.
D. 
Revocation of License.
1. 
The city clerk shall revoke a license if the city clerk determines that:
a. 
The licensee has given false information in the material submitted during the application process; or
b. 
The licensee has knowingly operated an adult entertainment facility during a period of time when the adult entertainment business license of the adult entertainment facility was suspended; or
c. 
The licensee has knowingly acted as a manager of an adult entertainment facility during a period of time when the licensee’s manager’s license was suspended; or
d. 
The licensee has knowingly acted as an entertainer at an adult entertainment facility during a period of time when the licensee’s entertainer’s license was suspended; or
e. 
The licensee has been convicted of a specified criminal offense committed on the premises of the adult entertainment facility for which he or she is licensed, or any other adult entertainment facility, within the time periods defined in Section 5.06.030(W); or
f. 
A cause of suspension in subsection C of this section occurs and the license has been suspended within the preceding twelve months.
2. 
In the event the city clerk revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult entertainment business license, manager’s license, or entertainer’s license for one year from the date the revocation becomes effective. If, after revocation, the city clerk finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety calendar days have elapsed since the date of revocation became effective.
(Ord. 2001-03 § 3 (part), 2001)
A. 
In the event the city clerk denies, suspends or revokes a license issued under this chapter, the city clerk shall notify the applicant or licensee in writing of the decision at least ten calendar days prior to the effective date of any such denial, suspension or revocation. The notice shall describe the grounds for such denial, suspension or revocation and shall inform the applicant or licensee of his or her right to appeal to the Poulsbo municipal court within ten calendar days of the date of the written decision by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address.
B. 
If a licensee timely appeals a decision of the city clerk, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the Poulsbo Municipal Court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to Section 5.06.160(B).
C. 
Within ten calendar days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the Poulsbo municipal court.
D. 
In the event an applicant or licensee timely appeals the denial, suspension or revocation of a license issued under this chapter, the Poulsbo municipal court shall hold a hearing on the appeal within thirty calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the city clerk at least five calendar days prior to the hearing.
E. 
The Poulsbo municipal court shall uphold the decision of the city clerk unless it finds the decision is not supported by substantial evidence in the administrative record.
F. 
The Poulsbo municipal court shall issue a written decision within ten calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the Poulsbo municipal court shall constitute the final administrative decision of the city and may be appealed to superior court within ten calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. If a licensee timely appeals a decision of the Poulsbo municipal court, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to Section 5.06.160(B).
(Ord. 2001-03 § 3 (part), 2001)
A. 
An applicant or licensee shall permit fire protection personnel and representatives of the police department, health department, and other state and local government agencies to inspect the premises of the adult entertainment facility, at any time the adult entertainment facility is open for business, for the purpose of ensuring compliance with all applicable statutes, codes, ordinances, regulations, and laws.
B. 
Where a condition exists upon the premises of an adult entertainment facility that constitutes a threat of immediate serious injury to public health or safety, the city clerk or any other city official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety and informing the licensee of the right to appeal the suspension to the Poulsbo municipal court under the appeal provisions set forth in this chapter.
(Ord. 2001-03 § 3 (part), 2001)
A. 
Each adult entertainment facility licensed under this chapter shall maintain and retain for a period of two years from the date of termination of employment the names, addresses, and ages of all persons employed or otherwise retained as managers and entertainers.
B. 
Each holder of an adult entertainment business license issued under this chapter shall file a monthly report with the city clerk including the names, addresses, and ages of all persons employed or otherwise retained as managers and entertainers.
(Ord. 2001-03 § 3 (part), 2001)
Any adult entertainment facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary adult entertainment business license. Within forty-five calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the adult entertainment facility shall submit a complete adult entertainment business license application and license fee pursuant to Section 5.06.080 to the city clerk. The license application shall be issued or denied in accordance with the requirements of this chapter. The adult entertainment facility shall be permitted to continue to engage in the activities specified in the adult entertainment business license application pursuant to Section 5.06.080 pending the decision of the city clerk.
(Ord. 2001-03 § 3 (part), 2001)