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 sexually oriented business facilities, as defined herein, are detrimental to the public health, safety and welfare. Sexually oriented business 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 sexually oriented business facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter.
(Ord. 4-12 § 1 (Exh. G))
This chapter governs the licensing and operation of all sexually oriented business facilities within the county. The location and siting of sexually oriented business facilities is governed by the zoning regulations contained in JCC Title 18. All sexually oriented business facilities shall satisfy the requirements of this chapter and JCC Title 18.
(Ord. 4-12 § 1 (Exh. G))
For the purposes of this chapter, certain terms and words are defined as follows:
"Applicant"
means a person or persons applying for a license under this chapter.
"County"
means Jefferson County, Washington.
"Employee"
means any person, including a manager, entertainer, escort, or nude model or server, or semi-nude model or server, who works in or renders any services directly related to the operation of any sexually oriented business facility, whether or not such person is paid compensation by the owner or operator of the sexually oriented business facility.
"Entertainer"
means any person who provides live entertainment in a sexually oriented business 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 sexually oriented business facility and whether or not a fee is charged or accepted for such entertainment.
"Entertainer's license"
means a license issued by the sheriff under this chapter to an entertainer, escort, or nude or semi-nude model.
"Escort"
means a person employed by an escort agency, and who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
"Escort agency"
means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose for a fee, tip, or other consideration. The term "escort agency" shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.
"Licensee"
means a person or persons in whose name a license to operate a sexually oriented business 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, entertainer, escort, or nude or semi-nude model, a person in whose name a license has been issued authorizing employment or entertainment in a sexually oriented business facility.
"Manager"
means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within a sexually oriented business facility, including assistant managers working with or under the direction of a manager to carry out such purposes.
"Manager's license"
means a license issued by the sheriff under this chapter to a manager or assistant manager of a sexually oriented business facility.
"Moral nuisance"
means a nuisance that is injurious to public morals (RCW 7.48.050(6)) and as defined under RCW 7.48A.020.
"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.
"Nude or semi-nude model"
means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio.
"Nude or semi-nude model studio"
means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a "nude or semi-nude model studio":
(1) 
A proprietary school licensed by the state of Washington;
(2) 
A junior college, college, or university supported partly or entirely by public funds;
(3) 
A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and
(4) 
A place housed in a structure (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model is available for viewing; and (b) where, in order to participate in a class, a student must enroll at least three days in advance of the class.
"Obscene"
means offensive to recognized standards of decency; disgusting to the senses, repulsive, abhorrent to morality or virtue; designed to incite to lust, depravity or lasciviousness with no legitimate artistic, literary or scientific value or purpose.
"Other sexually oriented business facility"
means any commercial establishment not defined herein where sexually oriented business or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility, shall not be considered a sexually oriented business facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered a sexually oriented business facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
"Owner or operator"
means any person who owns, operates, or has a significant interest in a sexually oriented business facility, with significant interest being based on responsibility for management of the business. Where a sexually oriented business facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where a sexually oriented business 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 20 percent or greater interest in a sexually oriented business facility.
"Person"
means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity.
"Semi-nude"
means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
"Sexually oriented 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.
"Sexually oriented business"
means:
(1) 
Any exhibition, performance or dance conducted in a sexually oriented business 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 patron and conducted in a sexually oriented business facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with all or any patrons in the sexually oriented business facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition 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.
"Sexually oriented business facility"
means a commercial establishment defined herein as a sexually oriented arcade, sexually oriented cabaret, sexually oriented motion picture theater, sexually oriented retail store, or other establishment where sexually oriented business is offered, including but not limited to private membership clubs.
"Sexually oriented business license"
means a license issued by the sheriff under this chapter to the owner or operator of a sexually oriented business facility.
"Sexually oriented cabaret"
means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features:
(1) 
Persons who appear nude or semi-nude; or
(2) 
Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities.
"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.
"Sexually oriented motion picture theater"
means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media 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.
"Sexually oriented retail store"
means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials account for:
(1) 
Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period;
(2) 
Twenty-five percent or more of the floor area of the store open to the public;
(3) 
Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store;
(4) 
Twenty-five percent or more of the store's inventory (whether measured by retail dollar value or number of items); or
(5) 
Twenty-five percent or more of the store's stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered a sexually oriented retail store.
"Sheriff"
means Jefferson County, Washington, sheriff, staff member, or designee assigned to carry out a particular sheriff assignment or job function, as appropriate.
"Specified anatomical areas"
means and includes any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or
(2) 
The human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"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, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW, Uniform Controlled Substances Act) 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 24-month period.
"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 but not limited to 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; or
(5) 
Violent or destructive sexual behavior, including but not limited to human or animal mutilation, dismemberment, rape or torture.
(Ord. 4-12 § 1 (Exh. G))
(1) 
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. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or by a jail term of not more than 90 days, or by both such fine and imprisonment.
(2) 
Separate Offense. Any person who violates any provision of this chapter or failing to comply with any of the mandatory requirements of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued, or permitted by any such person.
(Ord. 4-12 § 1 (Exh. G))
(1) 
Public Nuisance. Any sexually oriented business facility operated, conducted, or maintained in violation of this chapter or any law of Jefferson County 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.
(2) 
Moral Nuisance. Any sexually oriented business facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW (Moral Nuisances) shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply in addition to any other remedy.
(Ord. 4-12 § 1 (Exh. G))
(1) 
This chapter shall not be construed to restrict or prohibit the following activities or products: (a) plays, operas, musicals or other dramatic works that are not obscene; (b) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (c) exhibitions, performances, expressions or dances that are not obscene.
(2) 
The provisions of this chapter are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expression.
(3) 
Whether or not activity is obscene shall be judged by consideration of the following factors:
(a) 
Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to an obsessive interest in sex; and
(b) 
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; and
(c) 
Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
(Ord. 4-12 § 1 (Exh. G))