HomeMy WebLinkAboutO-1636 - Repeals and replaces Ch. 5.20, entertainment clubs (5.20)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.I k '3 fp
AN ORDINANCE OF THE CITY OF MARYSVILLE REGULATING
ENTERTAINMENT CLUBS,PROVIDING FOR AGE RESTRICTIONS AND
HOURS OF OPERATION FOR THE SAME,AND PRESCRIBING
PENALTIES FOR NON-COMPLIANCE;AND REPEALING CHAPTER
5.20 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO
PUBLIC DANCES.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Chapter 5.20 of the Marysville Municipal Code
("Public Dances")and Sections 5.20.010-5.20.080 thereof,are
hereby REPEALED for the reason that the same are superseded by
the provisions of this Ordinance.
Section 2.A new Chapter 5.20 of the Marysville Municipal
Code is hereby enacted to provide as follows:
Chapter 5.20
Entertainment Clubs
5.20.010 Definitions.For the purposes of this chapter,
and unless the context plainly requires otherwise,the following
definitions are adopted:
(1)"Entertainment club"means commercial premises
which are open to the public and which offer their patrons
an opportunity to engage in social activities such as
dancing,or the enjoyment of live or pre-recorded music,or
the enjoyment of entertainment provided by dancers or other
performers.
The term "entertainment club"does not include the
following:premises which serve alcoholic beverages and
which are under the jurisdiction of the Washington State
Liquor Control Board;theaters;full service restaurants;
outdoor performances;a banquet,party or celebration
conducted for invited guests which is not open to the
public;dances or events sponsored and operated by a
governmental entity,an accredited educational institution,
or a non-profit religious,charitable,benevolent,frater-
nal,or social organization which is recognized by the
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United States of America as being exempt from federal
taxation.
(2)"Club premises"means any place where an enter-
tainment club is operated or maintained and includes all
hallways,bathrooms,parking areas and other adjacent
portions of the premises which are accessible to the public
during operating hours.
(3)"Teen club"means any entertainment club which
permits the entry of persons under the age of 21 years.
(4)"Adult club"means any entertainment club which
restricts its admission to persons age 21 years and over.
This term is to be distinguished from "adult entertainment"
which is defined in Section 19.08.017 of the zoning code.
(5)"Person"means one or more natural persons of
either sex,corporations,partnerships,associations,or
other entities capable of having an action at law brought
against such entity.
Section 5.20.020 Entertainment Club License Reguired.It
is unlawful for any person to own,lease,operate,manage or
maintain an entertainment club in the City without first obtain-
ing an entertainment club license from the City.An entertain-
ment club license is a form of business license as referred to in
Chapter 5.02 of this Code,and except as modified herein,the
provisions of said chapter are incorporated herein by this
reference.For mUlti-purpose facilities,such as a restaurant
which includes a club area,a single license will be issued to
cover all activities on the premises.
Section 5.20.030 License Application Procedures.In
addition to the application procedures referred to in Section
5.02.040 of this Code,an applicant for an entertainment club
license shall provide the following:
(1)A written statement setting forth all measures
proposed to insure that adequate traffic control,crowd
protection and security,both inside and outside the
premises,will be maintained,and that the ages of patrons
admitted to the club will be monitored.
(2)A statement electing whether the entertainment
club will be operated either exclusively as a teen club or
exclusively as an adult club,and a statement of the
proposed schedule of operating hours and days.
(3)A statement of whether the applicant,or the
applicant's officers,directors,partners or any other
person involved in the operation or management of the
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entertainment club has been convicted within the preceding
five (5)years of any crimes involving firearms,controlled
substances,sexual offenses,prostitution,assault,or
contributing to the delinquency of a minor.
Section 5.20.040 Issuance and Revocation of License.The
issuance,denial,revocation or suspension of an entertainment
club license shall be governed by the provisions of Chapter 5.02
of this Code relating to business licenses.
Section 5.20.050 Operating Rules and Regulations.The
following operating rules and regulations shall apply to all
entertainment clubs in the City:
(1)The standards of conduct applicable to all
businesses in the City,as specified in Section 5.02.090 of
this Code,shall apply to entertainment clubs.
(2)Persons of the following ages shall not be
permitted to enter or remain on the premises of a teen club:
(a)under the age of 16 years unless accompanied
by a parent or legal guardian.
(b)21 years of age or older except for bona fide
employees or entertainers hired by the licensee to work
in the club.
(3)No person under the age of 21 years shall be
permitted to enter or remain on the premises of an adult
club unless accompanied by a parent or legal guardian,
except for entertainers hired by the licensee to work in the
club.
(4)Teen clubs shall be operated only on Friday and
Saturday nights,and shall close at 1 a.m.
(5)Adult clubs may operate any night of the week and
shall close at 2 a.m.
(6)It shall be the obligation of the licensee to
employ an adequate number of qualified security personnel
who will be present on club premises during all operating
hours to maintain peace and order and to insure compliance
with the laws of the State of Washington and the City of
Marysville which are applicable to the club premises.If
the police chief determines that the club operation is
directly resulting in an increased demand for police
services in the vicinity of the club,the police chief may
require the licensee to augment its private security force
by hiring @:f i~~y police officersvto patrol said vicinity ~~
during club operating hours.(~rJtfrr'~,4~)
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(7)It shall be the obligation of the licensee to
insure that no alcoholic beverages or controlled substances
are offered for sale or consumed on the club premises.
(8)It shall be the obligation of the licensee to
remove from the club premises any person who is or appears
to be under the influence of or affected by the use of
alcohol and/or drugs,or whose conduct poses a physical
danger to the safety of others present.
(9)It shall be the obligation of the licensee to
provide proper and adequate illumination of all portions of
the club premises which are available for use by the public.
Such illumination shall be not less than 10-foot-candles at
floor level at all times when the premises are open to the
public or when any member of the public is permitted to
enter and remain therein.
(10)It shall be the obligation of the licensee to
prevent loitering or the creation of public nuisances or
disturbances of the peace by any patrons of the club on club
premises,or the immediate vicinity of the same."Loiter-
ing"shall not include walking between the club building and
a patron's vehicle,nor shall it include the act of waiting
in line to gain admission to the club.
(11)It shall be the obligation of the licensee to
clean up all litter resulting from club operations.The
cleanup shall occur within 8 hours after the end of each
day's operation and shall extend for a 2-block radius around
the club.
(12)No person,other than an employee or entertainer,
who leaves the club building Shall be permitted to return to
the club unless that person pays a readmission fee equal to
the original price of admission.
(13)The premises of a teen club shall not be used,at
any time,as an adult club,or an adult entertainment
facility or a premise which is licensed to serve alcoholic
beverages.
Section 5.20.060 Access by Police Officers,
officers of the City shall have free access to all
clubs for the purpose of inspection and to enforce
with the provisions of this chapter.
All peace
entertainment
compliance
Section 5.20.070 Checking the Age of Patrons.
(1)It is the responsibility of the licensee to
require picture identification (or reasonable equivalent)
Ordinance - 4
showing the age of each person admitted to an entertainment
club.It is unlawful for any person to knowingly or
recklessly allow a person to enter or remain on the premises
of an entertainment club in violation of the provisions of
this chapter.
(2)It is unlawful for any person to affirmatively
misrepresent his or her age for the purpose of obtaining
admission to,or remaining at,an entertainment club in
violation of the provisions of this chapter.
Section 5.20.080 Penalties for Violation.The penalties
for violating,or failing to comply with,any provision of this
chapter are specified in Section 5.02.140 of the Business License
Code,and the same are incorporated herein by this reference.
Section 3.Severability.If any section of this Ordinance
is adjudicated to be invalid,such shall not affect the validity
of any section not so adjudged.
PASSED by the City Council and APPROVED by the Mayor this
-l.2,..day of S R +-t ( ,1988.
CITY OF MARYSVILLE
Attest:
BY~~..
Approved as to Form:
By \5b"_'W.\U-<~d .
CITY ATTORNVl.
Date of Publication:q/'iIJd
Effective Date (5 days after publication):
Ordinance - 5
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