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HomeMy WebLinkAboutO-1645 - Adds Sec. 5.20.055; amends Sec. 5.20.010(1) and 5.20.020; repeals Sec. 5.20.050(13), entertainment clubs (5.20)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I fp4S- AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING ORDINANCE 1636 AND SECTIONS 5.20.010(1)AND 5.20.020; AND REPEALING SECTION 5.20.050(13);AND ENACTING A NEW SECTION 5.20.055 OF THE MARYSVILLE MUNICIPAL CODE;ALL FOR THE PURPOSE OF CLARIFYING THE DISTINCTION BETWEEN RESTAURANTS AND ENTERTAINMENT CLUBS,AND RESTRICTING THEIR OPERATION ON THE SAME BUSINESS PREMISES. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Code (as enacted as follows: Section 5.20.010(1)of the Marysville Municipal in Ordinance 1636)is hereby amended to provide 5.20.010(1)"Entertainment club"means commercial premises which are open to the pUblic,the primary function of which is to offer 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.As an incidental function an entertainment club may sell and/or serve food and beverages to its patrons. 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 where the patrons sit in parallel rows of fixed seats;full service restaurants where the only entertainment consists of pre-recorded background music which is incidental to the primary function of serving food;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 organ~zation which is recognized by the United States of America as being exempt from federal taxation. Section 2. Code (as enacted as follows: Section 5.20.020 of the Marysville Municipal by Ordinance 1636)is hereby amended to provide 5.20.020 Entertainment Club License Required,It is unlawful for any person to own,lease,operate,manage or Ordinance - 1 maintain an entertainment club in the City without first obtaining an entertainment club license from the City.An entertainment 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 incor- porated herein by this reference.For multi-use facilities which include an entertainment club,a separate and addi- tional license must be issued for the entertainment club operation. Section 3.Section 5.20.050(13)of the Marysville Municipal Code is hereby REPEALED,for the reason that the same is super- seded by the following provisions of this ordinance. Section 4.A new Section 5.20.055 is hereby enacted in the Marysville Municipal Code to provide as follows: 5.20.055 Restrictions on Multi-Use Facilities. (1)The premises where a teen club is located 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. (2)A teen club may only be located on the same premises with another licensed business if: (a)All businesses on the premises comply with the operating rules and regulations of this chapter relating to teen clubs;or (b)The teen club is physically segregated from the space used by the other businesses and has a separate entrance into the building which is exclusively for the use of its patrons;or (c)Only one business operates at a time on the premises,and the premises are closed al- together for not less than eight (8)hours between the close of one business operation and the opening of another. Section 5.Severability.If any section of this ordinance is adjudicated to be invalid,such shall not affect the validity of any section not so adjudged. Ordinance - 2 ()d 1-/..{0'1o PASSED by the City Council and APPROVED by the Mayor this 10"""day of t9~,1988. CITY OF MARYSVILLE Attest: Approved as to Form: BN..,...%a .4P.d..\7 CITY A~ Date of Publication:10 -/"2--8 8 Effective Date (5 days after publication):16 -17-g 9' Ordinance - 3