HomeMy WebLinkAboutord1985-011p - ( i
V
1 DATE: January 3, 1985 PROPOSED BY: COLE./JOHNSON
2 INTRODUCED BY: Consent
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4 ORDINANCE NO. 85 -1.1
5 AN ORDINANCE REGARDING EROTIC
DANCE STUDIOS
6
7 WHEREAS, the Whatcom County Council finds that erotic
8 dance studios, if unregulated, will likely lead to an increase in
9 prostitution, venereal disease, drug and alcohol offenses, sexual
10 exploitation and other criminal activities; and,
11 WHEREAS, erotic dance studios sometimes are fronts for
12 or operated by persons associated with organized criminal activities
13 and the need to scrutinize such dance studios is thereby enhanced;
14 and,
15 WHEREAS, the law enforcement resources available for re-
16 sponding to problems associated with or created by erotic dance
17 studios are limited and are best conserved by regulating and
18 licensing erotic dance studios and those associated with them; and,
19 WHEREAS, the non - regulation of erotic dance studios may
20 often lead to increases in sexual violence and encourage that men
21 or women be viewed as objects of abuse and violence; and,
22 WHEREAS, the public health, safety and welfare and
23 convenience require that erotic dance studios and their employees
24 be regulated and licensed in order to reduce the potential for
25 harm;
26 NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY
27 COUNCIL as follows:
28 SECTION 1. PURPOSE
29 The purpose of this ordinance is to regulate erotic
30 dance studios to the end that the many types of criminal activities
31 frequently engendered by such studios will be curtailed; however,
32 it is recognized that such regulations cannot de facto approach
RDINANCE - 1.
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1 prohibition. Otherwise, a protected form of expression would
2 vanish. This ordinance represents a balancing of competing interesl
3 reduced criminal activity through the regulation of erotic dance
4 studios versus the protected rights of erotic dancers and patrons.
5
6 SECTION 2. DEFINITIONS
7 In this ordinance, the following definitions shall apply
8 unless the context clearly requires otherwise:
9 A. COUNCIL
10 The Whatcom County Council.
11 B. DANCER
12 A person who dances or otherwise
performs for an erotic dance studio.
13 C. BUREAU
14 The Whatcom County Bureau of Buildings
15 and Code Administration.
16 D. EROTIC DANCE STUDIO
17 A fixed place of business which
emphasizes and seeks, through one
18 or more dancers, to arouse or
excite the patrons' sexual desires.
19
E. SHERIFF
20 The Whatcom County Sheriff.
21 F. HEARING EXAMINER
22 The Whatcom County Hearing Examiner.
23
24 SECTION 3.(a) PRIMA FACIE EVIDENCE OF EROTIC DANCE STU
25 It shall be prima facie evidence that a business is an
26 erotic dance studio when one or more dancers displays or exposes
27 with less than a full opaque covering, that portion of the female
28 breast lower than the upper edge of the areola, or the pubic area
29 of either sex with less than a full opaque covering.
30 SECTION 3.(b) CERTAIN ACTIVITIES PROHIBITED
31 No person, firm, partnership, corporation, or other
32 entity which is regulated by this ordinance shall publicly display
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lor expose or suffer the public display or exposure with less than
ja full opaque covering of any portion of a person's genitals,
pubic area or buttocks.
SECTION 4. EROTIC DANCE STUDIO LICENSE -
APPLICATION, ISSUANCE
A. Application for erotic dance studio license shall
b made to the Sheriff. No erotic dance studio shall be operated
(without such license.
B. An application for an erotic dance studio license
shall be verified and shall contain or set forth the following
linformation:
(1) The name, home address, home telephone
number, principal occupation, and age
of the applicant;
(2) The business name, business address,
and business telephone number of the
establishment or proposed establishment;
(3) Whether the business or proposed business
is the undertaking of a sole proprietor-
ship, partnership or corporation; if a
sole proprietorship, the application shall
set forth the name, home address, home
telephone number and principal occupation
of the sole proprietor. If a partnership,
the application shall set forth the names,
home addresses, home telephone numbers
and principal occupation and respective
ownership of each partner and whether the
partners are general, limited or silent.
If a corporation files the application, it
shall set forth the corporate name, a
copy of the Articles of Incorporation,
and the names, home addresses, home
telephone numbers and principal occupations
of every officer, director and shareholder
having more than five percent (5 %) of the
outstanding shares and the number of shares
held by each.
(4) The names, home addresses, home telephone
numbers, and principal occupations of every
person, partnership, corporation having
any interest in the real or personal property
utilized or to be utilized by the business
or proposed business.
ORDINANCE - 3.
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1 (5) Whether the applicant, anyone having
an interest in the business or pro -
2 posed business, or anyone having an interest
in the real or personal property utilized
3 or to be utilized by the business or
proposed business has been within the
4 last five years convicted of or forfeited
bail for any crime, excluding minor
5 traffic offenses, and, if so, the
application shall state the person
6 involved, the charge, date, court and
disposition of the charge.
7
(G) Whether the applicant, anyone having
8 an interest in the business or pro-
posed business or anyone having an
9 interest in the real or personal
property utilized or to be utilized
10 by the business or proposed business,
is operating or has within the last
11 five years operated a like business,
where that business is or was
12 located, whether it is still operating
and if not, when it ceased operation.
13
14 C. Applications shall be accompanied by a non - refundable
15 fee of ONE HUNDRED TWENTY -FIVE DOLLARS ($125.00). Within five (5)
16 days of receipt of an application for an erotic dance studio
17 license, the Sheriff shall transmit a copy of such application to
18 the Bureau of Buildings and Code Administration and to the Hearing
19 Examiner.
20 D. Within twenty (20) days of receipt of a copy of
21 such license application, the following shall occur:
22
(1) The Sheriff shall begin an investiga-
23 tion to determine whether the informa-
tion contained in the application regarding
24 convictions or bail forfeitures is true
and accurate; the Sheriff shall conduct
25 criminal record checks to determine whether
those individuals mentioned in Section 4b(5)
26 have prior criminal convictions; Sheriff
shall report his findings to the Hearing
27 Examiner;
28 (2) The Bureau shall visit the premises and
shall determine if the use or proposed
29 use of the premises is in conformity
with the Whatcom County Zoning Ordinance;
30 the Bureau shall thereafter report its
findings to the Hearing Examiner;
31
(3) The Bureau shall visit the premises
32 and determine if the buildings upon the
premises meet the requirements of the
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Building, Fire, Mechanical and Plumbing
Codes; the Bureau shall thereafter report
its findings to the Hearing Examiner.
E. Once the Hearing Examiner has received the reports menti
in Sections 4(D)(1), (2), and (3), it shall conduct a public hearing
within thirty (30) days; the Hearing Examiner shall provide notice
of such public hearing at the expense of the Applicant by publishing
notice of such hearing no more than ten (10) but not less than five
(5) days prior to the hearing. At such public hearing, the Hearing
Examiner shall determine the following:
1. Whether the applicant, anyone having an interest
in the business or proposed business, or anyone
having an interest in the real or personal property
utilized or to be utilized by the business or the
proposed business is /are eligible to be licensed.
No person shall be eligible to receive a license
to operate an erotic dance studio who has been
convicted in this state or elsewhere of a crime
of violence or a crime involving drugs or prosti-
tution, or who has committed violations of this
ordinance, or of similar ordinances in other
jurisdictions, or who has been convicted of any
felony. And, furthermore, no license shall be
issued unless the applicant shall provide a sworn
written affidavit that he /she has not been convicted
of a crime or committed a violation, as set forth
above, in this state or elsewhere.
2. Whether the use or proposed use of the premises is
in conformity with the Whatcom County Zoning Ordinance;
3. Whether the buildings upon the premises meet the
requirements of the Building, Fire, Plumbing and
Mechanical Codes.
F. If, as a result of the public hearing, the Hearing Examinel
finds in the affirmative to those inquiries mentioned in Section 4
(E)(1), (2), and (3), it shall issue an erotic dance studio license
which shall be valid, unless sooner revoked, until the first occur-
25 ring December 31st.
26 SECTION 5. EROTIC DANCE STUDIO LICENSE;
27 REVOCATION, RENEWAL
28 A. An erotic dance studio .license may be renewed by
29 following the application procedure set forth in Section (4);
30 PROVIDED, a renewal application shall specifically state
31 whether those persons mentioned in Section 4(b) and whether any
32 presently / ///
ORDINANCE - 5.
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or previously - employed dancers have been convicted of, or charged
with any violation of this ordinance, RCW 69.50 or RCW 9A.88 and
PROVIDED FURTHER, the Hearing Examiner shall not renew an erotic
dance studio license if those persons mentioned in Section 4(b)
are presently or previously employed dancers who have been convicte
of any violation of this ordinance, RCW 69.50 or RCW 9A.88 in
connection with the erotic dance studio.
B. Any person may file with the Hearing Examiner a
petition to revoke an erotic dance studio license. Provided, that
such petition shall state the grounds for which revocation is
sought. The petition shall contain the signatures of at least
100 duly registered voters. Said petition shall be accompanied
by a $100.00 filing fee and shall be filed with the Hearing
Examiner's Office. Upon receipt of such a petition, the Hearing
Examiner shall hold a public hearing to determine the merits of
the petition; the Hearing Examiner shall give the erotic dance
studio license the written notice of such hearing by mailing such
notice to the licensee's address as contained in the most recent
application. Such notice shall be given no less than five (5)
days prior to the hearing. Said petitions shall not be used to
harass the operation of a validly operating erotic dance studio.
The Hearing Examiner shall revoke an erotic dance studio
license if it finds any of the following:
1. That one or more of the conditions specified in
Section 4(E) (1), (2), or (3) would now be answered in the negative
or if any of the conditions in Section 3 have been violated;
2. That one or more of those persons mentioned in
Section 4(B)(5) or presently or previously - employed dancers have
been convicted of or forfeited bail to any violation of this
ordinance, RCW 69.50 or RCW 9A.88 in connection with the erotic
dance studio.
ORDINANCE - 6.
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SECTION 6. DANCER'S LICENSE
No person shall dance at an erotic dance studio without
a valid dancer's license issued by the Sheriff. In addition, the
applicant must be at least 18 years of age.
SECTION 7. DANCER'S LICENSE - APPLICATION, ISSUANCE
A. Applications for dancers' licenses shall be verified
and shall contain or set forth the following information:
1. Applicant's name, home addresses
(current and former), home telephone
number, date of birth, and aliases
(past or present);
2. The business name and address where
the applicant intends to dance;
3. Prior convictions and bail for-
feitures of the applicant, ex-
cluding minor traffic offenses;
the application shall state the
charge, date and court and disposi-
tion of charge;
4. Fingerprint card prepared by the
Sheriff and current photogrpah.
C. Applications shall be accompanied by a non - refundable
fee of FIFTY DOLLARS ($50.00).
D. Within twenty (20) days of receipt of the copy of
such license /application, the Sheriff shall begin an investigation
to determine whether the information contained in the application
is true and accurate; the Sheriff shall conduct a criminal records
check to determine if the applicant has a prior criminal conviction
or convictions. If no criminal record is found then the Sheriff
shall issue the license. Said license shall be good for one year
from the date of issuance.
�S i
E. Appeal -- Sheriff's denial of- dancer permit to Hearing)
Examiner.
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IL
SECTION 8. DANCER'S LICENSE RENEWAL, REVOCATION
A. A dancer's license may be renewed by following the
application procedure set forth in Section 7; PROVIDED, a renewal
application shall specifically state if the applicant has been
charged with or convicted of any violation of this ordinance,
RCW 69.50 or RCW 9A.88 and, PROVIDED FURTHER, the Sheriff shall
not renew a dancer's license if the applicant has been convicted
of a violation of this ordinance, or 69.60 or RCW 9A.88 in con-
nection with the erotic dance studio.
B. Any person may file with the Hearing Examiner a
petition to revoke a dancer's license under the same conditions
as provided for in Section 5(b). Such petition shall state the
grounds for which revocation is sought. Upon receipt of such
petition, the Hearing Examiner shall hold a public hearing to
determine the merits of such petition. The Hearing Examiner
shall give the licensee written notice of such hearing by mailing
such notice to the licensee's address as contained in the most
recent application. Such notice shall be given no less than five
(5) days prior to the hearing.
The hearing Examiner shall revoke a dancer's license
if it finds either of the following: ;
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That the licensee has been convicted
of a violation of this ordinance,
RCW 69.50 or RCW 9A.88 in connection
with the erotic dance studio.oR
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�-. That the conditions found in
Section 3 have been violated.
SECTION 9. EROTIC DANCE STUDIO REGULATIONS
A. No person, firm, partnership, corporation or other
entity shall advertise or cause to be advertised, an erotic dance
studio without a.valid erotic dance studio license issued pursuant
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to this ordinance.
D. An erotic dance studio licensee shall maintain and
retain for a period of two years, the names, addresses and ages
of all persons employed as dancers by the licensee. i
C. No erotic dance studio licensee shall employ as a
dancer a person under the age of 18 years or a person not licensed
pursuant to this ordinance.
D. No person under the age of 18 years shall be admitted
to an erotic dance studio.
E. An erotic dance studio shall be closed between
10:00 p.m. and 8:00 a.m.
F. No erotic dance studio licensee shall serve, sell,
distribute, or suffer the consumption or possession of any intox-
icating liquor or controlled substance upon the premises of,the
licensee.
G. An erotic dance studio licensee shall conspicuously
display all licenses required by this ordinance.
H. All dancing shall occur on a platform intended for
that purpose which is raised at least two (2) feet from the level
of the floor.
I. No dancing shall occur closer than ten (10) feet
to any patron.
J. No dancer shall fondle or caress any patron and no
patron shall fondle or caress any dancer.
K. No patron shall directly pay or give any gratuity
to any dancer.
L. No dancer shall solicit any pay or gratuity from
any patron.
SECTION 10. INSPECTIONS
All records required to be kept pursuant to this
ordinance shall be open to inspection by the Sheriff, or his
agents thereof, during the hours when the erotic dance studio is
ORDINANCE - 9.
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1 open for business upon one day written notice to the licensee.
2 The purpose of such inspection shall be to determine if the books
3 and records meet the requirements of this ordinance.
4 The premises and facilities of an erotic dance studioA
5 shall be (as an implied condition of receiving an erotic dance
6 studio license) open to inspection by the Sheriff, or his agents,
7 during the hours when the dance studio is open for business. The
8 purpose of such inspection shall be to determine if the dance
9 studio is operated in accordance with the requirements of this
10 ordinance. It is hereby expressly declared that unannounced
11 inspections are necessary to insure compliance with this ordinance
12 but that no erotic, dance studio shall be inspected unannounced
13 more frequently than twice in any calendar month.
14 For the purpose of this section, no visit to an erotic
15 dance studio by any undercover operation of the Sheriff shall
16 be deemed to be an inspection.
17 SECTION 11. NUISANCE DECLARED
18 Any activity, act, or conduct contrary to the provisions
19 of this ordinance are hereby declared to be unlawful and a public
20 nuisance, and such activity, act, or conduct may be enjoined
21 by an action brought by the Prosecuting Attorney or other
22 interested person.
23 SECTION 12. PENALTY
24 Any person, firm, or corporation violating any provision
25 of this ordinance shall be guilty of a misdemeanor and each such
26 person, firm, or corporation shall be deemed guilty of a separate
27 offense for each and every day during which any violation is
28 committed, continued, or permitted and upon conviction of any
29 such violation such person, firm, or corporation shall be
30 punished by a fine of not more than ONE THOUSAND DOLLARS
31 ($1,000.00), or by imprisonment of not more than NINETY DAYS
32 or by both such fine and imprisonment; PROVIDED, no person shall
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be deemed guilty of any violation of this ordinance if acting in
an investigative capacity pursuant to the request or order of the
Sheriff or Prosecuting Attorney or duly- appointed agent thereof.
Additionally, a violation of this ordinance shall cause the erotic
dance studio license granted under this ordinance to be null and
I void.
SECTION 13. EXCLUSION
Notwithstanding any provisions of this ordinance, this
ordinance shall not apply to theatric events such as travelling
theatre events, opera, musicals, plays, or events sponsored by
non - profit corporations or public entities.
SECTION 14. SEVERABILITY
If any portion of this ordinance, or its application to
any person or circumstance is held invalid, the remainder or
application to other persons or circumstances shall not be
affected.
SECTION 15. APPEALS TO THE COUNCIL
Interested parties may appeal adverse decisions of the
Hearing Examiner to the County Council, under the provisions of
Whatcom County Code Chapter 20.92.600.
PASSED this 21st day of February 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
24 `
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- ATTEQT:
27
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29 Carol Ebergson
Clerk of the Council
30 1
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Ordinance - 11.
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WILLIAM P. RO NHL
Chairman
1
( APPROVED ( ) VETOED
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UL
SHIRLEY VA4 ZANTEIR
4
County Executive
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DATE:
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APPROVED AS TO FORM:
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RANDALL J. WATTS,
10
Deputy Prosecuting Attorney
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Published 1 -16 -85
and 2 -27 -85
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This ordinance becomes effective
on
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ORDINANCE - 12.
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