As used in this chapter, the following words and terms shall have the meanings set forth in this section:
(a) 
"Exposed"
means the state of being revealed, exhibited or otherwise rendered open to public view.
(b) 
"Person"
means and includes natural persons of either sex, firms, corporations and associations of natural persons, whether acting by themselves or by a servant or employee.
(c) 
"Public exposure"
means the act of revealing, exhibiting or otherwise rendering open to public view.
(d) 
"Public place"
means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served or entertainment provided.
(e) 
"Sexual encounter establishment"
shall mean an establishment, other than a hotel, motel, or similar establishment, to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge, or other consideration is required for admittance, offering as one of its business purposes public accommodations, which provides a place where two or more persons may:
(1) 
Congregate, associate, or consort in connection with "sexual conduct" or the exposure of "specified anatomical areas"; or
(2) 
Congregate, associate, or consort in connection with activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or when any part of the person's specified anatomical area is less than completely and opaquely covered. This definition does not include an establishment where a medical practitioner, psychologist, physiatrist, or similar professional person licensed by the state of Washington engages in sexual therapy.
(f) 
"Sexual contact"
means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual pleasure of either party.
(g) 
"Sexual intercourse"
means:
(1) 
Its ordinary meaning, and occurs upon any penetration, however slight; and
(2) 
Also means any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic services; and
(3) 
Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex.
(h) 
"Sexually explicit material"
means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section, such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
(i) 
"Unlawful public exposure" and "specified anatomical areas"
shall mean:
(1) 
A public exposure of any portion of the human anus or genitals;
(2) 
A public exposure of any portion of the female breast lower than the upper edge of the areola;
(3) 
A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed;
(4) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) 
The act of breastfeeding or expressing breast milk is not indecent exposure.
(Ord. 900 § 1, 1988; Ord. 1404 § 1, 2006)
The following acts or conduct on premises licensed under the authority of the Washington State Liquor Control Board, on premises not licensed by the Washington State Liquor Control Board and in any other place, are prohibited.
(a) 
To employ or use any person in the sale or service of alcoholic beverages, nonalcoholic beverages, or to allow any person in or upon the premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breasts below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
(b) 
To employ or use the services of or to allow any hostess or any person, including any entertainer, to mingle with the patrons while such hostess or other person or entertainer is unclothed or in such attire, costume or clothing as described in subsection (a) of this section;
(c) 
To employ, contract with or allow any person to solicit a patron for beverage and/or accept any beverage from a patron in or upon the premises and to receive therefor, directly or indirectly, any commission, remuneration or compensation;
(d) 
To employ or contract with any person or to allow any person for the purpose of having such person dance with a patron or for the purpose of having such person spend time with a patron in or upon the premises and for which said person is to receive, either directly or indirectly, any commission, remuneration or compensation;
(e) 
To permit any dancer-entertainer or permit any person to perform on the premises, except when removed at least six feet from the nearest patron and except when on a permanent stage at least 18 inches high;
(f) 
To encourage or permit any person on the premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person;
(g) 
To permit any employee or any person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof;
(h) 
To permit any person to perform acts of or acts which simulate:
(1) 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law,
(2) 
The touching, caressing or fondling of the breast, buttocks, anus or genitals,
(3) 
The displaying of the pubic hair, anus, vulva or genitals;
(i) 
To permit entertainers or any other person whose breasts and/or buttocks are exposed to perform anywhere on the premises;
(j) 
To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in this section;
(k) 
To permit any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus;
(l) 
To permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting:
(1) 
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law,
(2) 
Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals,
(3) 
Scenes wherein a person displays the vulva, the anus or the genitals,
(4) 
Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities in this section.
(Ord. 900 § 2, 1988; Ord. 1404 § 2, 2006)
Any person, firm or corporation who commits, attempts to commit, conspires to commit or aids and abets in the commission of any act which is in violation of the provisions of this chapter, whether individually in connection with one or more persons and whether as principal, agent or accessory, or who falsely, fraudulently, forcefully or wilfully induces, causes, coerces, requires, permits or directs others to commit such violation, shall be guilty of a misdemeanor.
(Ord. 900 § 3, 1988)
(a) 
It shall be unlawful for any person to operate or maintain a sexual encounter establishment within the city of Fircrest.
(b) 
Nothing in this section shall be construed to apply to the nonobscene presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial business enterprise.
(Ord. 1404 § 3, 2006)
Any person, firm or corporation that violates any of the provisions of this chapter is guilty of a misdemeanor.
(Ord. 900 § 4, 1988; Ord. 1404 § 5, 2006)
The city attorney is authorized to abate violations of this chapter as public nuisances, pursuant to Chapter 7.48 RCW.
(Ord. 1404 § 4, 2006)