The City takes notice and specifically relies upon the experiences of and studies utilized by other cities and counties in combating the specific adverse impacts of sexually oriented businesses, including panoram or “peep show” establishments. This includes but is not limited to the studies relied upon, findings of fact entered by, and litigation involving the cities of Tukwila, SeaTac, Shoreline, and Federal Way in their respective panoram ordinance provisions.
Additionally, the city council enters the following findings of fact related to panoram establishments within the City:
A. 
The police have documented the existence of illegal sexual activity occurring within the panoram booths at panoram establishments within the City.
B. 
The floor in the panoram booths is stained with fluid.
C. 
Adoption of this chapter will minimize these and other illegal and unhealthful activities, and will preserve the public health, safety, and welfare.
(Ord. 99-0069 § 1; Ord. 15-0402 § 1 (Att. A))
As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
A. 
“Applicant”
means the individual or entity seeking any form of panoram license in the City of Kenmore.
B. 
“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 panoram business, based on responsibility for management or control of the panoram business, regardless of whether such person's name appears on corporate filings, license applications, or other official documents of the applicant.
C. 
“Panoram,” “preview,” “picture arcade” or “peep show”
means any device which, for payment of a fee, membership fee or other charge, is used to view, exhibit or display a film or videotape. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this chapter do not include games which employ pictures, or gambling devices regulated by the State.
D. 
“Panoram manager”
means any person to whom the applicant or any applicant control person has delegated day-to-day administrative or management duties on the panoram premises.
E. 
“Panoram premises”
means any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. The term “panoram premises” as used in this chapter does not include motion picture theater auditoriums.
F. 
“Panoram station”
means a portion of any panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device.
(Ord. 99-0069 § 2; Ord. 15-0402 § 1 (Att. A))
A. 
It is unlawful to display, exhibit, expose or maintain any panoram device upon any premises to which members of the public are admitted unless there is a valid and current panoram premises license for such premises.
B. 
A separate panoram premises license is required for each panoram premises and the same shall at all times be conspicuously posted and maintained therein.
C. 
The city manager shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premises.
(Ord. 99-0069 § 3; Ord. 15-0402 § 1 (Att. A))
A. 
It is unlawful to exhibit or display for public use any panoram device upon any panoram premises without first having obtained a panoram device license for each such panoram device.
B. 
Panoram device licenses shall be issued for specific panoram premises only and shall not be transferable.
C. 
The current panoram device license for each panoram device shall be securely attached to each panoram device in a conspicuous place.
D. 
The city manager shall prescribe the form of such license and number the same.
(Ord. 99-0069 § 4; Ord. 15-0402 § 1 (Att. A))
It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, any panoram device without a valid and current panoram operator's license. The city manager shall prescribe the form of such license and shall number the same.
(Ord. 99-0069 § 5; Ord. 15-0402 § 1 (Att. A))
No person shall work as a manager at a panoram premises in the City without a valid and current panoram manager’s license under this chapter. The city manager shall prescribe the form of such license and shall number the same.
(Ord. 99-0069 § 6; Ord. 15-0402 § 1 (Att. A))
A. 
Any person seeking a panoram premises license, panoram operator's license or panoram device license shall file a written application with the city manager on a form provided by the city manager for that purpose.
The city manager, upon presentation of a complete application and appropriate fee, shall refer such application to the police department, and other appropriate city departments or contractors, for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which would aid the city manager in determining compliance with this chapter and other applicable law.
Upon receipt of any complete application and appropriate fee for a license, the city manager shall further issue a temporary license, pending disposition of the application or the completion of the term of any license suspension issued pursuant to this chapter. The temporary license shall expire upon issuance of a license or renewal thereof or notice of nonissuance. The holder of a temporary license is subject to all requirements, standards, and penalty provisions of this chapter.
B. 
Applicants for any license or renewal thereof under this chapter shall provide information as follows:
1. 
With each application for a panoram premises license or renewal thereof, applicants shall provide:
a. 
The name, address and telephone number of each person applying for the license;
b. 
The name, address and telephone number of each person holding an ownership or leasehold interest in the panoram premises;
c. 
The name, address and telephone number of the manager or other person responsible for the operation of the premises;
d. 
The address of the premises;
e. 
The number of panoram devices to be located on the premises; and
f. 
A sketch or drawing sufficient to show the layout of the premises, including all information necessary to determine whether the premises complies with the provisions of this chapter.
2. 
With each application for a panoram device license or renewal thereof, applicants shall provide:
a. 
The name, address and telephone number of each person applying for the license;
b. 
The name, address and telephone number of each person holding an ownership or leasehold interest in the panoram device;
c. 
The name, address and telephone number of each person responsible for the operation of the panoram device;
d. 
The address at which the panoram device is to be located; and
e. 
A description of the panoram device, including make, model and serial number.
3. 
With each application for a panoram operator’s and panoram manager's license, or any renewal thereof, applicants shall provide:
a. 
For the applicant, each applicant control person, and each manager: names; any aliases or previous names; driver’s license number, if any; Social Security number, if any; business, mailing, and residential address; and business and residential telephone number;
b. 
If a partnership, whether general or limited, provide for all general partners the same information required under subsection (B)(3)(a) of this section;
c. 
If a corporation, date and place of incorporation, evidence that it is in good standing under the laws of the State of Washington, and name and address of any registered agent for service of process;
d. 
Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panorams, from the City or another city, county or state, and if so, the names and addresses of each other licensed business;
e. 
A summary of the business history of the applicant, applicant control persons, and each manager in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor;
f. 
For the applicant, all applicant control persons, and each manager, any and all criminal convictions or bail forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition;
g. 
For the applicant and all applicant control persons, a description of their business, occupation or employment history for the three years immediately preceding the date of the application;
h. 
The location and doing-business-as name of the proposed panoram facility, 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;
i. 
Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face; and
j. 
A complete set of fingerprints for the applicant, each applicant control person, and each manager taken by the city police department or its designee.
(Ord. 99-0069 § 8; Ord. 15-0402 § 1 (Att. A))
A. 
Upon receipt of any application, the city manager shall issue a temporary license or renewal thereof, pursuant to KMC § 5.80.080, or notice of nonissuance and the reasons therefor.
B. 
The city manager shall issue the permanent license or licenses applied for if, after investigation, the city manager finds that:
1. 
The business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and standards of this chapter; and
2. 
The applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the city manager.
(Ord. 99-0069 § 9; Ord. 15-0402 § 1 (Att. A))
The city manager may, upon 10 days' written notice delivered to the license holder, temporarily suspend or permanently revoke any license issued pursuant to this chapter where one or more of the following conditions exist:
A. 
The license application, or any report or record required to be filed with the city manager, includes one or more false, misleading, or fraudulent statements of material fact; or
B. 
The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or the standards of this chapter, the City building code or other applicable law; or
C. 
The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted in or upon the panoram premises any violations of this chapter or acts made unlawful under this chapter.
(Ord. 99-0069 § 10; Ord. 15-0402 § 1 (Att. A))
A. 
Any person aggrieved by the action of the city manager in refusing to issue or renew any license under this chapter or in temporarily suspending or permanently revoking any license under this chapter shall have the right to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the city manager within 10 days of receiving notice of the action from which appeal is taken. The filing of such appeal shall stay the action of the city manager.
B. 
The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 30 days from the date of such receipt, unless extended by mutual agreement or for good cause shown. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs.
C. 
The decision of the hearing body on an appeal from a decision of the city manager shall be based upon a preponderance of the evidence. The burden of proof shall be on the City.
D. 
Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the superior court by writ of certiorari filed and served upon the City within 14 calendar days after the date of the hearing examiner's or other hearing body's decision. The filing of such appeal shall stay the decision of the hearing examiner or other designated hearing body.
(Ord. 99-0069 § 11; Ord. 15-0402 § 1 (Att. A))
A. 
It shall be unlawful and a violation of this chapter for a panoram operator, manager, or anyone owning or controlling a panoram premises to cause, maintain, or permit to exist any condition in violation of this section, and the city manager shall not license any panoram premises which do not conform to the requirements of this section, and shall revoke or suspend the license of any panoram premises, and the license of any operator and any manager thereof, which do not maintain conformity with these requirements.
B. 
All panoram stations must be open to an adjacent public room so that the entire area inside each station is visible by direct line of sight to persons in the adjacent public room, including the manager. The entire interior of every panoram station shall be visible and may not be obscured by any curtain, door, enclosure, or other form of screening device. Any chair or other seating surface within a panoram station shall not provide a seating surface of greater than 18 inches in either length or width. Only one such chair or other seating surface shall be placed in any panoram station.
C. 
The panoram stations on any panoram premises shall be separated by partitions constructed of wood or other solid and opaque material. No openings in such partitions for ventilation or other purposes shall extend higher than 12 inches from the floor or lower than 84 inches from the floor. Any such opening shall be covered with a permanently affixed wire mesh or other cover not capable of penetration by solid matter.
D. 
The licensee shall not permit any doors to other areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during business hours.
E. 
All panoram stations and other public areas of the panoram premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which employees, patrons, invitees or customers are permitted access at an illumination of not less than 10 foot candles as measured at the floor level at all times while patrons, invitees or customers are permitted within the panoram premises.
F. 
The entire floor area of a panoram booth or stall must be level with the continuous main aisle. No steps, ramps or risers are allowed in any such booth or stall.
G. 
The licensee shall permanently post and maintain on the interior and exterior of each booth or stall on the panoram premises a sign with two-inch lettering on a contrasting background stating:
Occupancy of this booth is at all times limited to only one person. Violations are subject to criminal prosecution.
H. 
The licensee shall not operate or maintain any warning system or device, of any nature or kind, for the purpose of warning customers or patrons or any other persons occupying panoram booths or stalls located on the licensee’s premises that police officers or city health, fire, licensing or building inspectors are approaching or have entered the licensee’s premises.
I. 
A licensed panoram manager shall be on the premises at all times that the panoram premises is open to the public for business.
J. 
No person under the age of 18 shall be permitted to enter any panoram premises.
K. 
All panoram stations 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 panoram stations 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. A record of such cleaning, listing the date and time, shall be posted in each panoram station. 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.
L. 
It shall be unlawful for any panoram premises to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.
(Ord. 99-0069 § 12; Ord. 04-0199 §§ 3, 4, 5; Ord. 15-0402 § 1 (Att. A))
A. 
A panoram station subject to the requirements of this chapter may only be occupied by one person at any one time. It is unlawful for any person to occupy such a booth or stall at the same time it is occupied by any other person.
B. 
It is unlawful to stand or kneel on any chair or seating surface in a panoram booth or stall.
C. 
It is unlawful for any owner, operator, manager, employee or other person in charge of premises for which a panoram location license is required to warn, or to aid and abet the warning, of customers or patrons or any other persons occupying panoram booths or stalls located on the licensee’s premises that police officers or health, fire, licensing or building inspectors are approaching or have entered the licensee’s premises.
D. 
It is unlawful within any panoram premises for any person to masturbate, or expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, penis, vulva or genitals.
(Ord. 99-0069 § 13; Ord. 15-0402 § 1 (Att. A))
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, including the premises regulations enumerated in KMC § 5.80.120, shall upon conviction thereof be guilty of a gross misdemeanor and shall be punished by a fine of not more than $5,000, or by imprisonment of a period of not more than one year, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and every day, or part of day, during which any violation of any provision of this chapter is committed, continued, or permitted. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated as such, and each day that such condition continues shall be regarded as a new and separate offense. All costs expended by the City in any such nuisance abatement or other action, including police investigation costs and attorney fees, shall be recoverable as part of any judgment in the City's favor.
(Ord. 99-0069 § 14; Ord. 15-0402 § 1 (Att. A))
All persons and premises regulated pursuant to this chapter shall comply with this chapter within 30 days of its effective date.
(Ord. 99-0069 § 15; Ord. 15-0402 § 1 (Att. A))