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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2070
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATING TO
BUSINESS LICENSING AND REGULATION OF ADULT ENTERTAINMENT
FACILITIES AND OTHER BUSINESSES AND ENDING THE MORATORIUM
ESTABLISHED BY ORDINANCE NO.2022.
WHEREAS,cities have the right and duty to enact laws for
the protection of the public health,safety and general welfare
and morals;and
WHEREAS,the City Council adopted Ordinance No.2022 on
April 24,1995 establishing a moratorium on the acceptance of
applications for use permits,building permits and licenses for
adult entertainment facilities;and
WHEREAS,pursuant to Ordinance No.2022 the Mayor appointed
a committee which developed a work plan to study issues,and the
Marysville Citizens Advisory Committee on Adult Entertainment
conducted various hearings,submitted its record to the Planning
Commission and the City Council;and
WHEREAS,the Marysville City Council has considered the
record created by the Marysville Citizens Advisory Committee on
Adult Entertainment and the Planning Commission and itself makes
certain findings as specified in this ordinance,and as a result
wishes to provide in this ordinance for the appropriate licensing
and regulation of adult entertainment facilities and other
businesses and provide by separate ordinance for zoning for adult
entertainment facilities;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Findings.Based upon the record transmitted
from the Marysville Citizens Advisory Committee on Adult
Entertainment and the record of the Planning Commission and also
based on the testimony and evidence presented to the City Council
at a public hearing occurring on April 8,1996,the City Council
makes the fo~lowing Findings:
A.Adult entertainment facilities and adult entertainment
businesses include establishments offering panorama,peep shows,
semi-nude or nude dancing.Currently,there are no such
establishments operating in the city of Marysville.Facilities
of this nature do operate within the city of Everett and
unincorporated Snohomish County.Nor are there any bikini clubs,
public bath houses,body shampoo parlors,or tattoo parlors
currently in Marysville.
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B.There is substantial and compelling evidence as set out
in staff reports and public testimony that the use of property to
operate,conduct or maintain adult-use establishments and adult-
use facilities and bikini clubs is a use which,because of its
very nature,has serious objectionable operational
characteristics and both primary and secondary effects.Those
operational characteristics include a wide range of criminal and
other unlawful activities that have regularly and historically
occurred on and near or as a result of visits to adult-use
establishments and bikini clubs.These activities include
prostitution,narcotics and liquor law violations,breaches of
the peace,assaults including rapes,and sexual conduct involving
contact between patrons and between entertainers and patrons,
some of whom have been minors,and similar activity occurring in
parking areas and the environs of adult-use facilities.
C.The objectionable operational characteristics,
activities and secondary effects related to adult-use
establishments and bikini clubs pose a threat to the public
health,safety and welfare of the citizens of the city of
Marysville.This threat is most serious when conducted in close
proximity to places where minors gather.Similar threats arise
from public bath houses,body shampoo parlors and to a lesser
extent from tattoo parlors.
D.The need to protect minors from the unlawful activities
associated with the operation of adult-use establishments and
bikini clubs would be a compelling governmental interest.
E.The objectionable characteristics associated with
adult-use establishments,public bath houses,tattoo parlors and
body shampoo parlors promote declines in adjacent property
values,neighborhood blight,and general secondary effect on the
quality of life in the environs of the business.
Section 2.Entertainment Clubs.Section 5.20.010(1)(B)of
Chapter 5.20 of the Marysville Municipal Code is hereby amended
to read as follows:
(B)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 prerecorded 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 nonprofit religious,charitable,
benevolent,fraternal or social organization which is
recognized by the United States of America as being
exempt from federal taxation;an adult motion picture
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theater,adult drive-in theater,and/or adult cabaret
as defined by Chapter 5.80 Marysville Municipal Code;
an adult panoram establishment as defined by Chapter
5.84 Marysville Municipal Code;a bikini club as
defined by Chapter 5.88 Marysville Municipal Code;a
public bath house as defined by Chapter 5.92 Marysville
Municipal Code;or a body shampoo parlor as defined by
Chapter 5.96 Marysville Municipal Code.
In addition,Marysville Municipal Code Section 5.20.010(4)is
amended to read:
(4)"Adult club"means any entertainment club
which restricts its admission to persons age twenty-one
years and over.This term does not include facilities
regulated under any of the following chapters of the
Marysville Municipal Code,Chapter 5.80, 5.84,5.88,or
5.92.
Section 3.Chapter 5.80.A new Chapter 5.80 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 5.80
Adult Motion Picture Theaters,Adult
Drive-in Theaters And Adult Cabarets
5.80.010 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
(1)"Adult cabaret"is a commercial establishment
which presents go-go dancers,strippers,male or female
impersonators,or other similar entertainers and in which
patrons are exposed to "specified sexual activities"or
"specified anatomical areas."
(2)"Adult drive-in theater"is a drive-in theater
used for presenting motion picture films,videocassettes,
television,or any other such visual media,distinguished or
characterized by an emphasis on matter depicting,describing
or related to "specified sexual activities"or "specified
anatomical areas."
(3)"Adult entertainer"means any person who provides
live adult entertainment at an adult cabaret,whether or not
a fee is charged or accepted for such entertainment.
References to "entertainer(s)"shall be references to "adult
entertainer(s)."
(4)"Adult motion picture theater"is an enclosed
building used for presenting for commercial purposes motion
picture films,videocassettes,cable television or any other
such visual media,distinguished or characterized by an
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emphasis on matter depicting,describing or related to
"specified sexual activities"or "specified anatomical
areas"for observation by patrons therein.
(5)"Applicant"means the individual or entity seeking
a license to operate either an adult motion picture theater,
adult drive-in theater or adult cabaret in the City of
Marysville.Upon issuance of a license,the applicant may
be referred to as the "licensee."
(6)"Applicant control person"means:all partners,
corporate officers and directors and any other individuals
in the applicant's business organization who hold a
significant interest in the business,based on
responsibility for the management of the business.
(7)"Beginning work"shall mean engaged in activities
for a business required to be licensed by this chapter,
whether the relationship is deemed between employer and
employee or owner and independent contractor.
(8)"Clerk"shall mean the City Clerk or Deputy City
Clerk as appointed pursuant to the provisions of Chapter
2.30 Marysville Municipal Code.
(9)"Employee or independent contractor"means any and
all persons,including managers,and entertainers who work
in or at or render any services directly related to the
operation of an adult motion picture theater,adult drive-in
theater or adult cabaret.
(10)"Hearing Examiner"shall mean the Hearing Examiner
as appointed pursuant to the provisions of Chapter 2.70 of
the Marysville Municipal Code.
(11)"Live adult entertainment"means entertainment
presented by go-go dancers,strippers,male or female
impersonators,or other similar entertainers and in which
patrons are exposed to "specified sexual activities"or
"specified anatomical areas."
(12)"Manager"means any person who manages,directs,
administers or is in charge of the affairs and/or conduct of
any portion of any activity at an adult motion picture
theater,adult drive-in theater or adult cabaret.An
"assistant manager"shall be that person who,in the absence
of the manager or jointly with the manager,shall undertake
the duties of the manager as defined by this section.
(13)"Person"means any individual,partnership,
corporation,trust,incorporated or unincorporated
association,marital community,joint venture or other
entity or group of persons,however organized.
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(14)"Projectionist"means that person operating any
projector,videocassette recorder,television or video
display terminal for commercial purposes,but not in an
adult panoram establishment as covered by Chapter 5.84
Marysville Municipal Code where the visual media is
distinguished or characterized by an emphasis on matter
depicting,describing or relating to "specified sexual
activities"or "specified anatomical areas."
(15)"Security personnel"means those persons at an
adult motion picture theater,adult drive-in theater or
adult cabaret and who are either responsible for admissions
to the adult motion picture theater,adult drive-in theater
or adult cabaret or who act to preserve the peace in the
facility through control of the patrons or employees or
independent contractors in the facility.
(16)"Specified anatomical areas"means:
(A)Less than completely and/or opaquely covered
human genitals,pubic region,buttock,or female breast
below a point immediately above the top of the areola;
(B) Human male genitals in a discernibly turgid
state,even if completely or opaquely covered.
(17)"Specified sexual activities"means:
(A)Acts of human masturbation,sexual
intercourse or sodomy;
(B)Fondling or other erotic touching of human
genitals,pubic region,buttock,or female breast;
(C)Human genitals in a state of sexual
stimulation or arousal.
(18)"Usher"means those persons in an adult motion
picture theater or adult drive-in theater who direct or
assist patrons in finding their seating or locations from
which the visual media may be observed.
5.80.020 License Required.
A.It is unlawful for any person to conduct,manage
or operate any of the following businesses unless such
person is the holder of a valid and subsisting license from
the City to do so,obtained in the manner provided in this
chapter:adult motion picture theater,adult drive-in
theater,or adult cabaret.
B.It is unlawful for any adult entertainer or
manager to knowingly work in or about,or to knowingly
perform any service or entertainment directly related to the
operation of an unlicensed adult cabaret.
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C.It is unlawful for any adult entertainer to
perform in an adult cabaret unless such person is the holder
of a valid and subsisting license from the City to do so.
D.It is unlawful for any manager or assistant
manager to work in an adult cabaret,adult motion picture
theater,or adult drive-in theater unless such person is the
holder of a valid and subsisting license from the City to do
so.
E.It is unlawful for any projectionist or usher to
work in an adult drive-in theater or an adult motion picture
theater unless such person is the holder of a valid and
subsisting license from the City to do so.
F.It is unlawful for any security personnel to work
in an adult cabaret,adult drive-in theater or an adult
motion picture theater unless such person is the holder of a
valid and subsisting license from the City to do so.
5.80.030 Adult Cabaret.Adult Drive-In Theater,
Adult Motion Picture Theater Licenses.
A.All applications for either an adult cabaret,
adult drive-in theater,or an adult motion picture theater
license shall be submitted to the Clerk in the name of the
person or entity proposing to conduct said business and
shall be signed by such person and certified as true under
penalty of perjury.All applications shall be submitted on
a form supplied by the City,which shall require the
following information:
1.For the applicant and for each applicant
control person,provide:names,any aliases or
previous names,driver's license number,if any,Social
Security number,if any,and business,mailing and
residential address,and business telephone number.
2.If a partnership,whether general or limited,
the names and addresses of all partners;and if a
corporation,date and place of incorporation,names and
addresses of all shareholders,evidence that it is in
good.standing under the laws of Washington,and name
and address of any registered agent for service of
process.
3.Whether the applicant or any partner,
corporate officer,or director of the applicant holds
any other licenses under this chapter or any license
for adult entertainment,including panorams,from the
City or another city,county or state,and if so,the
names and addresses of each other licensed business.
4.A summary of the business history of the
applicant and applicant control persons in owning or
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operating an adult cabaret,adult motion picture
theater,adult drive-in or an adult panoram,providing
names,addresses and dates of operation for such
businesses,and whether any business license has been
revoked or suspended,and the reason therefor.
5.For the applicant and all applicant control
persons,any and all criminal convictions or
forfeitures within five (5)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.
6.For the applicant and all applicant control
persons,a description of business,occupation or
employment history for the three (3)years immediately
preceding the date of the application.
7.
employees
set forth
Authorization for the City,its agents and
to seek information to confirm any statements
in the application.
8.The location and doing-business-as name of
the proposed adult cabaret,adult drive-in theater,or
adult motion picture theater,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.
9.Two (2)two-inch by two-inch color
photographs of the applicant and applicant control
persons,taken within six (6)months of the date of
application showing only the full face.
10.A complete set of fingerprints for the
applicant or each applicant control person taken by
Marysville Police Department employees.
11.A scale drawing or diagram showing the
configuration of the premises for the proposed adult
cabaret,adult drive-in theater or adult motion picture
theater,including a statement of the total floor space
occupied by the business,and marked dimensions of the
interior of the premises.Performance areas,seating
areas,manager's office and stations,restrooms and
service areas shall be clearly marked on the drawing.
When required,an exterior lighting plan shall be
submitted also.
B.An application shall be deemed complete upon the
applicant's provision of all information requested above,
including identification of "none"where that is the correct
response,and the applicant's verification that the
application is complete.The Clerk may request other
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information or clarification in addition to that provided in
a complete application where necessary to determine
compliance with this chapter.
C. A nonrefundable application fee
paid at the time of filing an application
the costs of processing the application.
fee shall be $500.00.
of $700.00 must be
in order to defray
The annual renewal
D.Each applicant shall verify,under penalty of
perjury,that the information contained in the application
is true.
E.If any person or entity acquires,subsequent to
the issuance of a license under this chapter,a significant
interest based on responsibility for management or operation
of the licensed premises or the licensed business,notice of
such acquisition shall be provided in writing to the City
Clerk,no later than twenty-one (21)days following such
acquisition.The notice required shall include the
information required for the original license application.
F.The adult cabaret,adult drive-in theater or adult
motion picture theater license,if granted,shall state on
its face the name of the person or persons to whom it is
issued,the expiration date,the doing-business-as name and
the address of the licensed adult cabaret,adult drive-in
theater or adult motion picture theater.The license shall
be posted in a conspicuous place at or near the entrance to
the adult cabaret,adult drive-in theater or adult motion
picture theater,so that it can be easily read at anytime
the business is open.
G. No person granted a license pursuant to this
chapter shall operate the business under a name not
specified on the license,nor shall any person operate a
business licensed under this chapter under any designation
or at any location not specified on the license.A separate
license shall be required for each type of business covered
by this chapter,and a separate license shall be required
for each location at which a business covered by this
chapter is operated.A license shall be valid for one year,
and must be annually renewed.
H.Upon receipt of the complete application and fee,
the Clerk shall provide copies to the police,fire and
community development departments for their investigation
and review to determine compliance of the proposed business
with the laws and regulations which each department
administers.Each department shall,within thirty (30)days
of the date of such application,inspect the application and
premises and shall make a written report to the Clerk
whether such application and premises complies with the laws
administered by each department.No license may be issued
unless each department reports that the application and
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premises comply with the relevant laws.In the event the
premlses is not yet constructed,the departments shall base
their recommendation as to premises compliance on their
review of the drawings submitted in the application.Any
license approved prior to premises construction shall
contain a condition that the premises may not open for
business until the premises have been inspected and
determined to be in substantial conformance with the
drawings submitted with the application and submitted with
any application for a building permit.A department shall
recommend denial of a license under this subsection if it
finds that the proposed business is not in conformance with
the requirements of this chapter or other law in effect in
the city.A recommendation for denial shall cite the
~pecific reason therefor,including applicable laws.
I.A license shall be issued by the Clerk within
thirty (30)days of the date of filing a complete license
application and fee,unless the Clerk determines that the
applicant has failed to meet any of the requirements of this
chapter or provide any information required under this
subsection or that the applicant has made a false,
misleading or fraudulent statement of material fact on the
application for a license.The Clerk shall grant an
extension of time in which to provide all information
required for a complete license application upon the request
of the applicant.If the Clerk finds that the applicant has
failed to meet any of the requirements for issuance of a
license,the Clerk shall deny the application in writing and
shall cite the specific reasons therefor,including
applicable law.If the Clerk fails to issue or deny the
license within thirty (30)days of the date of filing of a
complete application and fee,the applicant shall be
permitted,subject to all other applicable law,to operate
the business for which the license was sought until
notification by the Clerk that the license has been denied,
but in no event may the Clerk extend the application review
time for more than an additional twenty (20)days.
5.80.040 Adult Motion Picture Theater or Adult
Drive-In Theater Manager,Projectionist.Usher and
Security Personnel Licenses.
A. No person shall work as a manager,assistant
manager,projectionist,usher or security personnel at an
adult drive-in theater or adult motion picture theater
without a manager,assistant manager,projectionist,usher
or security personnel license from the City.Each applicant
for a license shall complete an application on forms
provided by the City containing the information identified
below.A nonrefundable application fee of $100.00 shall
accompany the application for a manager or assistant
manager.A nonrefundable fee of $25.00 shall accompany the
application for a projectionist,usher or security
personnel.A copy of the application shall be provided to
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the Police Department for its review,investigation and
recommendation.All applications shall be signed by the
applicant and certified to be true under penalty of perjury.
Each license application shall require the following
information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,and
Social Security number.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Each person licensed by this section shall
provide a copy of his or her license to the manager on
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duty on the premises where said person works.The
manager shall retain the copy of the licenses readily
available for inspection by the City at any time during
business hours of the adult motion picture theater or
adult drive-in theater.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for license within fourteen
(14)days of filing of a complete application,the applicant
may,subject to all other applicable laws,commence work
until notified by the Clerk that the license has been
denied,but in no event may the Clerk extend the application
review time for more than an additional twenty (20)days.
D. A license issued under this section shall be valid
for one year and must be annually renewed.The annual
renewal fee for a manager or assistant manager shall be
$75.00.The annual renewal fee for a projectionist,usher
or security personnel shall be $20.00.
5.80.050 Adult Cabaret Manager.Assistant
Manager,security Personnel and Entertainer Licenses.
A. No person shall work as a manager,assistant
manager,security personnel or adult entertainer at an adult
cabaret without an entertainer'S,managers,or security
personnel's license from the City.Each applicant for a
manager's,security personnel's or entertainer'S license
shall complete an application on forms provided by the City
containing the information identified below.A
nonrefundable application fee of $100.00 shall accompany the
application.A copy of the application shall be provided to
the Police Department for its review,investigation and
recommendation.All applications shall be signed by the
applicant and certified to be true under penalty of perjury.
The license application shall require the following
information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
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taken by Marysville Police Department employees,Social
Security number,and in the entertainer's application
any stage names or nicknames used in entertaining.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Every adult entertainer and each and all
security personnel shall provide his or her license to
the adult cabaret manager on duty on the premises prior
to beginning work.The manager shall retain the
licenses of the adult entertainers and security
personnel readily available for inspection by the City
at any time during business hours of the adult cabaret.
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B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C.An adult cabaret manager's or security personnel's
or adult entertainer's license shall be issued by the Clerk
within fourteen (14)days from the date the complete
application and fee are received unless the Clerk determines
that the applicant has failed to provide any information
required to be supplied according to this chapter,has made
any false,misleading or fraudulent statement of material
fact in the application,or has failed to meet any of the
requirements for issuance of a license under this chapter.
If the Clerk determines that the applicant has failed to
qualify for the license applied for,the Clerk shall deny
the application in writing and shall cite the specific
reasons therefor,including applicable laws.If the Clerk
has failed to approve or deny an application for an adult
cabaret manager's or security personnel's license within
fourteen (14)days of filing of a complete application,the
applicant may,subject to all other applicable laws,
commence work as an adult cabaret manager or as security
personnel in a duly licensed adult cabaret until notified by
the Clerk that the license has been denied,but in no event
may the Clerk extend the application review time for more
than an additional twenty (20)days.
D. An applicant for an adult entertainer's license
shall be issued a temporary license upon receipt of a
complete license application and fee.Said temporary
license will automatically expire on the fourteenth day
following the filing of the complete application and fee,
unless the Clerk has failed to approve or deny the license
application,in which case the temporary license shall be
valid until the Clerk approves or denies the application,or
until the final determination of any appeal from a denial of
the application.In no event may the Clerk extend the
application review time for more than an additional twenty
(20)days.If the Clerk determines that the adult
entertainer has failed to quality for the license applied
for,the Clerk shall deny the application in writing and
shall cite the specific reasons therefor,including
applicable laws.
E.A license issued under this section shall be valid
for one year and must be annually renewed.The annual
renewal fee for a manager,assistant manager,adult
entertainer or for security personnel shall be $75.00.
5.80.060 Denials of License.Should the person
seeking a license under this chapter disagree with the
Clerk's determination,the applicant must file a notice
of nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the notification of
denial.
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A.The City shall,within five (5)working days
following receipt of the notice of nonacceptance,apply to
the Superior Court for a judicial determination as to
whether the applicant's license was properly denied.The
burden of showing that the applicant's license was properly
denied shall rest on the City.
B.If a preliminary judicial determination sustaining
the City's denial of the subject license is not obtained
within five (5)working days from the date the complaint is
served,an interim license shall be issued under this
chapter by operation of the law.The interim license shall
issue in any event if a final judicial determination on the
merits is not obtained within twenty (20)days from the date
the complaint is filed.In such case,the interim license
will remain in effect until a final judicial determination
on the merits is reached;provided,however,that any delays
caused or requested by the applicant shall be excluded from
the above-mentioned twenty-day period.
5.80.070 Suspension or Revocation of Licenses--
Notice--Summary Suspension or Revocation.
A.The City Clerk may suspend or revoke any license
issued pursuant to this chapter for a period of time not to
exceed one year where one or more of the following
conditions exist:
1.The license was procured by fraud or false
representation of fact in the application or in any
report or record required to be filed with the Clerk;
2.The building,structure,equipment,operation
or location of the business for which the license was
issued does not comply with the requirements or fails
to meet the standards of this chapter;
3.The applicant,applicant control person,
manager,assistant manager,projectionist,usher,adult
entertainer,or security personnel has violated or
permitted violation of any of the provisions of this
chapter.
B.The procedure for revoking or suspending a license
under this chapter shall be the following:Upon determining
that grounds for revocation or suspension exist,the City
Clerk shall send the licensee a notice of intent to revoke
or suspend the license.Such notice shall set forth the
grounds for suspension or revocation and schedule a hearing
before the Hearing Examiner.The Hearing Examiner is hereby
specifically authorized to conduct said hearing in
accordance with the following procedures (and not the
procedures of Chapter 2.70 of the Marysville Municipal
Code):
/mv/aebl.ord 14
1.The hearing shall be held no earlier than
three (3)and no later than ten (10)working days from
the date of notice of intent to revoke.
2.The licensee shall be permitted to present
evidence in support of his position at the hearing.
3.Within two working days after the hearing,
the Hearing Examiner shall notify the licensee in
writing of his/her determination and reasons therefor.
4.Should the licensee disagree with the
determination,he/she must file a notice of
nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the Hearing
Examiner's determination.
5.In the event that a notice of nonacceptance
is not filed,the Hearing Examiner's determination
shall become final and the suspension/revocation shall
be given immediate effect.
C.The City shall,within five (5)working days
following receipt of a notice of nonacceptance,file a
complaint with the Superior Court enjoining the licensee
from operating his/her business or acting pursuant to
his/her license.The burden of proof shall be on the City.
The status quo shall be maintained and the Clerk's
determination of revocation or suspension shall not be
effective until a final judicial determination on the merits
affirming the suspension/revocation is rendered.
5.80.080 Standards of Conduct and Operation--
Adult Cabarets.The following standards of conduct
and operation must be adhered to by an adult cabaret
and its employees and independent contractors:
A.Required on Premises.While open to the public,a
licensed manager and/or assistant manager shall be on
premises at all times.While open to the public,licensed,
uniform-wearing security personnel in the following numbers
shall be on premises at all times:
Patron Seatinq
Less than 50 seats
50 to 100 seats
100 to 150 seats
More than 150 seats
Number of Uniformed
Security Personnel
1
2
3
4
B.Nudity.No employee,independent contractor or
entertainer shall be unclothed or in such less than opaque
and complete attire,costume or clothing so as to expose to
view any portion of the female breast below the top of the
/mv/aebl.ord 15
-;,
areola or any portion of the pubic region,anus,buttocks,
vulva or genitals,except upon a stage at least eighteen
(18)inches above the immediate floor level and removed at
least eight (8)feet from the nearest member of the public
(the "performance area").
c.Mingling.No employee,independent contractor or
entertainer mingling with members of the public shall be
unclothed or in less than opaque and complete attire,
costume or clothing as described in subdivision B of this
section,nor shall any male employee or entertainer at any
time appear with his genitals in a discernible turgid state,
even if completely and opaquely covered,or wear or use any
device or covering which simulates the same.
D.Simulated Anatomy.No employee,independent
contractor or entertainer mingling with members of the
public shall wear or use any device or covering exposed to
view which simulates the breast below the top of the areola,
vulva,genitals,anus,any portion of the pubic region,or
buttocks.
E.Sexual Touching--Patrons.No employee,
independent contractor or entertainer shall caress,fondle,
or erotically touch any member of the public.No employee,
independent contractor or entertainer shall encourage or
permit any member of the public to caress,fondle or
erotically touch any employee,independent contractor or
entertainer.
F.Sexual Acts--EmDloyees.No employee,independent
contractor or entertainer shall perform actual or simulated
acts of sexual conduct,or any act which constitutes a
violation of RCW 7.48A,the Washington Moral Nuisances
Statute.
G.Four Feet.No employee,independent contractor or
entertainer mingling with members of the public shall
conduct any dance,performance or exhibition in or about the
nonstage area of the adult cabaret unless that dance,
performance or exhibition is performed at a distance of no
less than four (4)feet from any member of the public.
H.Gratuities.No payment,tip or gratuity offered
to or accepted by an adult entertainer may be offered or
accepted prior to any performance,dance or exhibition
provided by the entertainer.No adult entertainer
performing upon any stage area shall be permitted to accept
any form of payment or gratuity offered directly to the
entertainer by any member of the public.Any payment or
gratuity offered to any adult entertainer performing upon
any stage area must be provided through a manager on duty on
the premises.Any payment,gratuity or tip offered to any
adult entertainer conducting any performance,dance or
exhibition in or about the nonstage area of the adult
/mv/aebl.ord 16
,,
cabaret shall be placed into the hand of the adult
entertainer or into a receptacle provided by the adult
entertainer,and not upon the person or into the clothing of
the adult entertainer.
I.Admission.Admission must be restricted to
persons of the age of eighteen (18)years or more.It shall
be unlawful for any owner,operator,manager,or other
person in charge of an adult cabaret to knowingly permit or
allow any person under the minimum age specified to be in or
upon such premises.
J.Employees;Independent Contractors.All managers,
adult entertainers,security personnel,employees,
independent contractors or entertainers shall be over the
age of eighteen (18)years.
K.Sionaoe.Neither the performance nor any
photograph,drawing,sketch,or other pictorial or graphic
representation thereof displaying any portion of the breasts
below the top of the areola or any portion of the pubic
hair,buttocks,genitals and/or anus may be visible outside
of the adult cabaret.
L.Access to Nonpublic Areas.No member of the
public shall be permitted at any time to enter into any of
the nonpublic portions of the adult cabaret,which shall
include but are not limited to:the dressing rooms of the
entertainers or other rooms provided for the benefit of
employees or independent contractors,and the kitchen and
storage areas;EXCEPT that authorized vendors or service
personnel delivering goods and materials,food and
beverages,or performing maintenance or repairs to the
premises or equipment on the premises may be permitted into
nonpublic areas to the extent required to perform their job
duties.
M.Performance Area.The performance area of the
adult cabaret shall be a stage or platform at least eighteen
(18)inches in elevation above the level of the patron
seating areas,and shall be separated by a distance of at
least eight (8)feet from all areas of the premises to which
members of the public have access.A continuous railing at
least three (3)feet in height and located at least eight
(8)feet from all points of the performance area shall
separate the performance area and the public seating areas.
The stage and the entire interior portion of cubicles,rooms
or stalls wherein entertainment is provided must be visible
from the common areas of the premises and at least one
manager's station.Visibility shall not be blocked or
obstructed by doors,curtains,drapes or any other
obstruction whatsoever.
N.Interior Lighting.Sufficient interior lighting
shall be provided and equally distributed throughout the
Irnv/aebl.ord 17
,,,
public areas of the premises so that all objects are plainly
visible at all times and all parts of the public areas shall
be illuminated so that patrons with normal vision in any
part of the public areas of the premises shall be able to
read written textual material printed in 8 point type.A
sample of 8 point type follows:
This is a sample of 8 point type.
O.Exterior Lighting.All on-site parking areas and
premise entries shall be illuminated from dusk until one
hour past closing hours of operation with a lighting system
that provides an average maintained horizontal illumination
of one (1)foot candle of light on the parking surface
and/or walkways.An on-premise exterior lighting plan shall
be included in the application for license submitted to the
Clerk.
P.Signs.Two signs at least two feet by two feet,
and one in the immediate area of the entrance,with letters
at least one inch high shall be conspicuously displayed in
the public area(s)of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF
MARYSVILLE.ENTERTAINERS ARE:
1.NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL
CONDUCT.
2.NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE EXCEPT
ON STAGE.
3.NOT PERMITTED TO ACCEPT PAYMENT,TIPS OR
GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.
4.NOT PERMITTED TO ACCEPT PAYMENT,TIPS OR
GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING
UPON ANY STAGE AREA.
5.WHILE PERFORMING IN NONSTAGE AREAS,NOT PERMITTED
TO ACCEPT PAYMENT,TIPS OR GRATUITIES EXCEPT THOSE
PLACED IN THE ENTERTAINER'S HAND OR A RECEPTACLE.
5.80.090 Standards of Conduct and Operation--
Adult Motion Picture Theaters and Adult Drive-In
Theaters.The following standards of conduct and
operation must be adhered to by adult motion picture
theaters and adult drive-in theaters:
A.Required on Premises.While open to the public,a
licensed manager or assistant manager shall be on premises
at all times.While open to the public,a licensed,
uniform-wearing security person shall be on premises at all
times as well..
/mv/aebl.ord 18
,,
B.Nudity.No employee or independent contractor
shall be unclothed or in such less than opaque or complete
attire,costume or clothing so as to expose to view any
portion of the female breast below the top of the areola or
any portion of the pubic region,anus,buttocks,vulva or
genitals.
C.Simulated Anatomy.No employee or independent
contractor shall wear or use any device or covering exposed
to view which simulates the breast below the top of the
areola,vulva,genitals,anus,any portion of the pubic
region or buttocks.
D.Sexual Acts--Employees.No employee or
independent contractor shall perform actual or simulated
acts of sexual conduct or any act which constitutes a
violation of RCW 7.48(a),the Washington Moral Nuisances
statute.
E.Sexual Touching--Patrons.No employee or
independent contractor shall caress,fondle or erotically
touch any member of the public.No employee shall encourage
or permit any member of the public to caress,fondle or
erotically touch any employee.
F.Admission.Admission must be restricted to
persons of the age of eighteen (18)years or more.It shall
be unlawful for any owner,operator,manager or other person
in charge of an adult motion picture theater or adult drive-
in to knowingly permit or allow any person under the minimum
age specified to be in or upon such premises.
G.Employees,Independent Contractors.All managers,
ushers,projectionists,employees and independent
contractors shall be over the age of eighteen (18)years.
H.Signage.No photograph,drawing,sketch or other
pictorial or graphic representation thereof displaying any
portion of the breast below the top of the areola or any
portion of the pubic area,buttocks,genitals,buttocks
and/or anus may be visible outside the premises,or in the
case of a drive-in theater,outside the property of the
adult drive-in.
I.Access to Nonpublic Areas.No member of the
public shall be permitted at any time to enter into any of
the nonpublic portions of the adult motion picture theater
or adult drive-in theater;except that authorized vendors or
service personnel delivering goods and materials,food and
beverages or performing maintenance or repairs to the
premises or equipment on the premises may be permitted into
nonpublic areas to the extent required to perform their job
duties.
Imv/aebl.ord 19
,1.'
",
J.Exterior Lighting.All on-site parking areas and
premise entries for an adult motion picture theater shall be
illuminated from dusk until one hour past closing hours of
operation with a lighting system that provides an average
maintained horizontal illumination of one (1)foot candle of
light on the parking surface and/or walkways.An on-premise
exterior lighting plan shall be included in the application
for license submitted to the Clerk.
5.80.100 Record Keeping.
A.All papers,records and things required to be kept
pursuant to this chapter shall be open to inspection by the
Clerk during the hours when the licensed premises are open
for business,upon two days'written notice.The purpose of
such inspections shall be to determine whether the papers,
records and things meet the requirements of this ordinance.
B.Each adult cabaret shall maintain and retain for a
period of two (2)years the name,address and age of each
person employed or otherwise retained or allowed to perform
on the premises as an adult entertainer or to act as a
manager or security personnel,including independent
contractors and their employees.Each adult motion picture
theater or adult drive-in theater shall maintain and retain
for a period of two (2)years the name,address and age of
each person employed or otherwise retained to act as
manager,projectionist or usher,including independent
contractors and their employees.This information shall be
open to inspection by the Clerk during hours of operation of
the business upon twenty-four (24)hours'notice to the
licensee.
5.80.110 Inspections.In order to insure
compliance with this chapter,all areas of licensed
adult cabarets,adult motion picture theaters and adult
drive-in theaters which are open to members of the
public shall be open to inspection by City agents and
employees during the hours when the premises are open
for business.The purpose of such inspections shall be
to determine if the licensed premises are operated in
accordance with the requirements of this chapter.It
is hereby expressly declared that unannounced
inspections are necessary to insure compliance with
this chapter.
5.80.120 Misdemeanor.Any person knowingly
violating any of the provisions of this chapter is
guilty of a misdemeanor,and upon conviction thereof,
shall be punished as provided in Section 6.03.120
Marysville Municipal Code.
5.80.130 Severability.Each provision of this
chapter is separate and severable from all other
provisions of this chapter.The invalidity of any
/mv/aebl.ord 20
',J "
clause,sentence,paragraph,subdivision,section or
portion of this chapter,or the invalidity of the
application thereof to any person or circumstances
shall not affect the enforcement of the remainder of
this chapter to any person or circumstances.
Section 4.Chapter 5.84.A new Chapter 5.84 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 5.84
Adult Panorams
5.84.010 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
(1)"Adult panoram establishment"or "adult panoram"
means a business in a building or a portion of a building
which contains device(s)which for payment of a fee,
membership fee or other charge,is used to exhibit or
display a picture,view,or other graphic display
distinguished or characterized by emphasis on matter
depicting,describing or relating to "specified sexual
activities"or "specified anatomical areas."
(2)"Applicant"means the individual or entity
a license to operate an adult panoram establishment.
issuance of a license,the applicant may be referred
the "licensee."
seeking
Upon
to as
(3)"Applicant control person"means:all partners,
corporate officers and directors and any other individuals
in the applicant's business organization who hold a
significant interest in the business,based on
responsibility for the management of the business.
(4)"Clerk"shall mean the City Clerk or Deputy City
Clerk as appointed pursuant to the provisions of Chapter
2.30 Marysville Municipal Code.
(5)"Employee or independent contractor"means any and
all persons,including managers,and entertainers who work
in or at or render any services directly related to the
operation of an adult panoram.
(6)"Hearing Examiner"shall mean the Hearing Examiner
as appointed pursuant to the provisions of Chapter 2.70 of
the Marysville Municipal Code.
(7)"Manager"means any person who manages,directs,
administers or is in charge of the affairs and/or conduct of
any portion of any activity at an adult panoram.An
"assistant manager"shall be that person who,in the absence
/mv/aebl.ord 21
f",
of the manager,shall undertake the duties of the manager as
defined by this section.
(8)"Person"means any individual,partnership,
corporation,trust,incorporated or unincorporated
association,marital community,joint venture or other
entity or group of persons,however organized.
(9)"Specified anatomical areas"means:
(A)Less than completely and/or opaquely covered
human genitals,pubic region,buttock,or female breast
below a point immediately above the top of the areola;
(B)Human male genitals in a discernibly turgid
state,even if completely or opaquely covered.
(10)"Specified sexual activities"means:
(A)Acts of human masturbation,sexual
intercourse or sodomy;
(B)Fondling or other erotic touching of human
genitals,pubic region,buttock,or female breast;
(C)Human genitals in a state of sexual
stimulation or arousal.
5.84.020 License Required.
A.It is unlawful for any person to conduct,manage
or operate an adult panoram unless such person is the holder
of a valid and subsisting license from the City to do so,
obtained in the manner provided in this chapter.
B.It is unlawful for any employee,independent
contractor or manager to knowingly work in or about,or to
knowingly perform any service or entertainment directly
related to the operation of an unlicensed adult panoram.
C.It is unlawful for any manager or assistant
manager to work in an adult panoram unless such person is
the holder of a valid and subsisting license from the City
to do so.
D.It is unlawful to exhibit,display or provide for
public use any panoram device upon any adult panoram
establishment without having first obtained a license for
each such panoram device.
5.84.030 Adult Panoram License.
A.All applications for an adult panoram license
shall be submitted to the Clerk in the name of the person or
entity proposing to conduct said business and shall be
/mv/aebl.ord 22
signed by such person and certified as true under penalty of
perjury.All applications shall be submitted on a form
supplied by the City,which shall require the following
information:
1.For the applicant and for each applicant
control person,provide:names,any aliases or
previous names,driver's license number,if any,Social
Security number,if any,and business,mailing and
residential address,and business telephone number.
2.If a partnership,whether general or limited,
the names and addresses of the partners;and if a
corporation,date and place of incorporation,names and
addresses of corporate officers,evidence that it is in
good standing under the laws of Washington,and name
and address of any registered agent for service of
process.
3.Whether the applicant or any partner,
corporate officer,or director of the applicant holds
any other licenses under this chapter or any license
for adult entertainment,including adult motion picture
theaters,adult drive-in theaters,or adult cabarets
from the City or another city,county or state,and if
so,the names and addresses of each other licensed
business.
4.A summary of the business history of the
applicant and applicant control persons in owning or
operating adult panorams,or adult cabarets,adult
motion picture theaters,adult drive-in theaters,or
bikini clubs,providing names,addresses and dates of
operation for such businesses,and whether any business
license has been revoked or suspended,and the reason
therefor.
5.For the applicant and all applicant control
persons,any and all criminal convictions or
forfeitures within five (5)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.
6.For the applicant and all applicant control
persons,a description of business,occupation or
employment history for the three (3)years immediately
preceding the date of the application.
/mv/aebl.ord
7.
employees
set forth
Authorization for the City,its agents and
to seek information to confirm any statements
in the application.
23
8.The location and doing-business-as name of
the proposed adult panoram,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.
9.Two (2)two-inch by two-inch color
photographs of the applicant and applicant control
persons,taken within six (6)months of the date of
application showing only the full face.
10.A complete set of fingerprints for the
applicant or each applicant control person taken by
Marysville Police Department employees.
11.A scale drawing or diagram showing the
configuration of the premises for the proposed adult
panoram,including a statement of the total floor space
occupied by the business,and marked dimensions of the
interior of the premises.The location of each panoram
device,seating areas,manager's office and manager's
stations,restrooms and service areas shall be clearly
marked on the drawing.
B.An application shall be deemed complete upon the
applicant's provision of all information requested above,
including identification of "none"where that is the correct
response,and the applicant's verification that the
application is complete.The Clerk may request other
information or clarification in addition to that provided in
a complete application where necessary to determine
compliance with this chapter.
C. A nonrefundable application fee
paid at the time of filing an application
the costs of processing the application.
fee shall be $500.00.
of $700.00 must be
in order to defray
The annual renewal
D.Each applicant shall verify,under penalty of
perjury,that the information contained in the application
is true.
E.If any person or entity acquires,subsequent to
the issuance of a license under this chapter,a significant
interest based on responsibility for management or operation
of the licensed premises or the licensed business,notice of
such acquisition shall be provided in writing to the City
Clerk,no later than twenty-one (21)days following such
acquisition.The notice required shall include the
information required for the original license application.
F.The adult panoram license,if granted,shall state
on its face the name of the person or persons to whom it is
issued,the expiration date,the doing-business-as name and
the address of the licensed adult panoram.The license
Imv/aebl.ord 24
i "
shall be posted in a conspicuous place at or near the
entrance to the adult panoram so that it can be easily read
at anytime the business is open.
G. No person granted a license pursuant to this
chapter shall operate the business under a name not
specified on the license,nor shall any person operate a
business licensed under this chapter under any designation
or at any location not specified on the license.A separate
license shall be required for each location at which a
business covered by this chapter is operated.A license
shall be valid for one year,and must be annually renewed.
H.Upon receipt of the complete application and fee,
the Clerk shall provide copies to the police,fire and
community development departments for their investigation
and review to determine compliance of the proposed business
with the laws and regulations which each department
administers.Each department shall,within thirty (30)days
of the date of such application,inspect the application and
premises and shall make a written report to the Clerk
whether such application and premises complies with the laws
administered by each department.No license may be issued
unless each department reports that the application and
premises comply with the relevant laws.In the event the
premises is not yet constructed,the departments shall base
their recommendation as to premises compliance on their
review of the drawings submitted in the application.Any
license approved prior to premises construction shall
contain a condition that the premises may not open for
business until the premises have been inspected and
determined to be in substantial conformance with the
drawings submitted with the application and submitted with
any application for a building permit.A department shall
recommend denial of a license under this subsection if it
finds that the proposed business is not in conformance with
the requirements of this chapter or other law in effect in
the city.A recommendation for denial shall cite the
specific reason therefor,including applicable laws.
I.A license shall be issued by the Clerk within
thirty (30)days of the date of filing a complete license
application and fee,unless the Clerk determines that the
applicant has failed to meet any of the requirements of this
chapter or provide any information required under this
subsection or that the applicant has made a false,
misleading or fraudulent statement of material fact on the
application for a license.The Clerk shall grant an
extension of time in which to provide all information
required for a complete license application upon the request
of the applicant.If the Clerk finds that the applicant has
failed to meet any of the requirements for issuance of a
license,the Clerk shall deny the application in writing and
shall cite the specific reasons therefor,including
applicable law.If the Clerk fails to issue or deny the
/mv/aebl.ord 25
; <,'
license within thirty (30)days of the date of filing of a
complete application and fee,the applicant shall be
permitted,subject to all other applicable law,to operate
the business for which the license was sought until
notification by the Clerk that the license has been denied,
but in no event may the Clerk extend the application review
time for more than an additional twenty (20)days.
5.84.040 Adult Panoram Manager and Assistant
Manager Licenses.
A. No person shall work as a manager or assistant
manager at an adult panoram without a manager or assistant
manager license from the City.Each applicant for a license
shall complete an application on forms provided by the City
containing the information identified below.A
nonrefundable application fee of $100.00 shall accompany the
application for a manager or assistant manager.A copy of
the application shall be provided to the Police Department
for its review,investigation and recommendation.All
applications shall be signed by the applicant and certified
to be true under penalty of perjury.Each license
application shall require the following information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,and
Social Security number.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
/mv/aebl.ord 26
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for license within fourteen
(14)days of filing of a complete application,the applicant
may,subject to all other applicable laws,commence work
until notified by the Clerk that the license has been
denied,but in no event may the Clerk extend the application
review time for more than an additional twenty (20)days.
D. A license issued under this section shall be valid
for one year and must be annually renewed.The annual
renewal fee for a manager or assistant manager shall be
$75.00.
5.84.050 Panoram Device License.All
applications for a panoram device license shall be
submitted to the City Clerk on a form supplied by the
City,which shall require the following information:
A.The business name,address and telephone number of
the location of the panoram device.
B.The name,address and telephone number of the
owner of the panoram device;
/mv/aebl.ord 27
C. A description of each of the panoram devices
located at the location described in Subsection A above.
5.84.060 Denials of License.Should the person
seeking a license under this chapter disagree with the
Clerk's determination,the applicant must file a notice
of nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the notification of
denial.
A.The City shall,within five (5)working days
following receipt of the notice of nonacceptance,apply to
the Superior Court for a judicial determination as to
whether the applicant's license was properly denied.The
burden of showing that the applicant's license was properly
denied shall rest on the City.
B.If a preliminary judicial determination sustaining
the City's denial of the subject license is not obtained
within five (5)working days from the date the complaint is
served,an interim license shall be issued under this
chapter by operation of the law.The interim license shall
issue in any event if a final judicial determination on the
merits is not obtained within twenty (20)days from the date
the complaint is filed.In such case,the interim license
will remain in effect until a final judicial determination
on the merits is reached;provided,however,that any delays
caused or requested by the applicant shall be excluded from
the above-mentioned twenty-day period.
5.84.070 Suspension or Revocation of Licenses--
Notice--Summary Suspension or Revocation.
A.The City Clerk may suspend or revoke any license
issued pursuant to this chapter for a period of time not to
exceed one year where one or more of the following
conditions exist:
1.The license was procured by fraud or false
representation of fact in the application or in any
report or record required to be filed with the Clerk;
2.The building,structure,equipment,operation
or location of the business for which the license was
issued does not comply with the requirements or fails
to meet the standards of this chapter;
3.The applicant,applicant control person,
manager or assistant manager has violated or permitted
violation of any of the provisions of this chapter.
B.The procedure for revoking or suspending a license
under this chapter shall be the following:Upon determining
that grounds for revocation or suspension exist,the City
Clerk shall send the licensee a notice of intent to revoke
Imv/aebl.ord 28
or suspend the license.Such notice shall set forth the
grounds for suspension or revocation and schedule a hearing
before the Hearing Examiner.The Hearing Examiner is hereby
specifically authorized to conduct said hearing in
accordance with the following procedures (and not the
procedures of Chapter 2.70 of the Marysville Municipal
Code):
1.The hearing shall be held no earlier than
three (3)and no later than ten (10)working days from
the date of notice of intent to revoke.
2.The licensee shall be permitted to present
evidence in support of his position at the hearing.
3.Within two working days after the hearing,
the Hearing Examiner shall notify the licensee in
writing of his/her determination and reasons therefor.
4.Should the licensee disagree with the
determination,he/she must file a notice of
nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the Hearing
Examiner's determination.
5.In the event that a notice of nonacceptance
is not filed,the Hearing Examiner's determination
shall become final and the suspension/revocation shall
be given immediate effect.
C.The City shall,within five (5)working days
following receipt of a notice of nonacceptance,file a
complaint with the Superior Court enjoining the licensee
from operating his/her business.The burden of proof shall
be on the City.The status quo shall be maintained and the
Clerk's determination of revocation or suspension shall not
be effective until a final judicial determination on the
merits affirming the suspension/revocation is rendered.
5.84.080 Standards of Conduct and Operation--
Adult Panorams.The following standards of conduct and
operation must be adhered to by an adult panoram:
A.Main Aisle.The entire interior of the panoram
premises shall be arranged in such a manner so that each
panoram station or device therein is entered from a
continuous main aisle at least five (5)feet in width.The
only access to a station or device shall be from the main
aisles.
B.View.The view from the continuous main aisle of
any person inside a station shall not be obstructed except
by a door,curtain or other screening device as permitted by
this chapter.
/mv/aebl.ord 29
c.Doors.The bottom of any door,curtain or
screening device shall be not less than twenty-seven (27)
inches above the floor of the panoram station or device
where the occupant sits in a chair or on a seating surface
to view the panoram.In panoram stations where the occupant
stands to view the panoram,the bottom of any door,curtain
or screening device shall not be less than thirty-six (36)
inches above the floor of the panoram station.
D.Restriction on Seating.No panoram station or
device having a door,curtain or other screening device at
its entrance shall contain any chair or other seating
surface unless the door,curtain or screening device has at
a location between sixty-six (66)and seventy-eight (78)
inches above the floor an opening twelve (12)inches in
height and at least twenty-four (24)inches in width which
provides an unobstructed view through either open space or
clear and clean window glass to the side walls and back
walls of the station.Any chair or seating surface in such
panoram station shall not provide a seating surface more
than twenty (20)inches in either length or width,and shall
not be higher than twenty (20)inches from the floor.There
shall not be more than one such chair or seating surface in
any panoram station.Occupancy of a station or device shall
be limited to one (1)person.
E.No Locking.No Holes.Doors,curtains or
screening devices on panoram stations shall not be capable
of being locked.There shall be no holes in partitions
between panoram stations or devices.
F.Interior Lighting.Sufficient interior lighting
shall be provided and equally distributed throughout the
public areas of the adult panoram so that all objects are
plainly visible at all times and all parts of the public
areas shall be illuminated so that patrons with normal
vision on any part of the public areas of the premises shall
be able to read written textual material printed in 8 point
type.A sample of 8 point type follows:
This is a sample of 8 point type.
G.Floor-Level.The entire floor area of a panoram
station or device shall be level with the continuous main
aisle.No steps or risers shall be allowed in any such
station.
H.Signage.There shall be permanently posted and
maintained in at least two conspicuous locations on the
interior of every panoram premises a sign stating
substantially the following:
"Occupancy of any station (booth)is at all times
limited to only one person.There is to be no
masturbation or exposure of genitals in the panoram
/mv/aebl.ord 30
..,
:"
stations (booths)or on the panoram premises.
Violators are subject to criminal prosecution under
either state law or local ordinance as may be adopted
or amended from time to time."
The signs shall be conspicuously displayed in the public
area of the premises.Letters shall be at least one (1)
inch high and be on a sign at least two (2)feet by two (2)
feet.
In addition,on each panoram station or device,a sign shall
be conspicuously displayed containing the same message as
above.The sign on each panoram device shall be of a
minimum size of 8W'by 11"and the letters should be at
least W'high.
I.No Warnino Devices.No warning system or device
shall be permitted on the premises for the purpose of
warning customers or patrons or any other persons occupying
panoram devices or stations located on licensee's premises
that police officers or City health,fire,licensing or
building inspectors are approaching or have entered the
licensee's premises.
J.Admission.Admission must be restricted to
persons of the age of eighteen (18)years or more.It shall
be unlawful for any owner,operator,manager,or other
person in charge of an adult panoram to knowingly permit or
allow any person under the minimum age specified to be in or
upon such premises.
K.Employees and Independent Contractors.All
managers,employees and independent contractors shall be
over the age of 18 years.
5.84.090 Record Keeping.
A.All papers,records and things required to be kept
pursuant to this chapter shall be open to inspection by the
Clerk during the hours when the licensed premises are open
for business,upon two days'written notice.The purpose of
such inspections shall be to determine whether the papers,
records and things meet the requirements of this ordinance.
B.Each adult panoram shall maintain and retain for a
period of two (2)years the name,address and age of each
person employed or otherwise retained as a manager or
assistant manager.This information shall be open to
inspection by the Clerk during hours of operation of the
business upon twenty-four (24)hours'notice to the
licensee.
5.84.100 InsDections.In order to insure
compliance with this chapter,all areas of licensed
adult panorams which are open to members of the public
/mv!aebl.ord 31
,,,
"
shall be open to inspection by City agents and
employees during the hours when the premises are open
for business.The purpose of such inspections shall be
to determine if the licensed premises are operated in
accordance with the requirements of this chapter.It
is hereby expressly declared that unannounced
inspections are necessary to insure compliance with
this chapter.
5.84.110 Misdemeanor.Any person knowingly
violating any of the provisions of this chapter is
guilty of a misdemeanor,and upon conviction thereof,
shall be punished as provided in Section 6.03.120
Marysville Municipal Code.
5.84.120 Severability.Each provision of this
chapter is separate and severable from all other
provisions of this chapter.The invalidity of any
clause,sentence,paragraph,subdivision,section or
portion of this chapter,or the invalidity of the
application thereof to any person or circumstances
shall not affect the enforcement of the remainder of
this chapter to any person or circumstances.
Section 5.Chapter 5.88.A new Chapter 5.88 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 5.88
Bikini Clubs
5.88.010 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
(1)"Applicant"means the individual or entity seeking
a license to operate a bikini club in the city of
Marysville.Upon issuance of a license,the applicant may
be referred to as the "licensee."
(2)"Applicant control person"means all partners,
corporate officers and directors and any other individuals
in the applicant's business organization who hold a
significant interest in the business,based on
responsibility for the management of the business.
(3)"Beginning work"shall mean engage in activities
for a business required to be licensed by this chapter,
whether the relationship is deemed between employer and
employee or owner and independent contractor.
(4)"Bikini club"is a building or a portion of a
building,not an adult cabaret,but which contains any
exhibition or dance wherein any employee or entertainer is
Imv/aebl.ord 32
,.,
paid by a member or members of the adult public directly for
the privilege of viewing the dance or exhibition.
(5)"Clerk"shall mean the City Clerk or Deputy City
Clerk as appointed pursuant to the provisions of Chapter
2.30 Marysville Municipal Code.
(6)"Employee"or "independent contractor"means any
and all persons,including managers and entertainers who
work in or at or render any services directly related to the
operation of a bikini club.
(7)"Hearing Examiner"shall mean the Hearing Examiner
as appointed pursuant to the provisions of Chapter 2.70 of
the Marysville Municipal Code.
(8)"Manager"means any person who manages,directs,
administers or is in charge of the affairs and/or conduct of
any portion of any activity at a bikini club.An "assistant
manager"shall be that person who,in the absence of the
manager or jointly with the manager,shall undertake the
duties of the manager as defined by this section.
(9)"Person"means any individual,partnership,
corporation,trust,incorporated or unincorporated
association,marital community,joint venture or other
entity or group of persons,however organized.
(10)"Security personnel"means those persons at a
bikini club who are either responsible for admissions to the
bikini club or who act to preserve the peace in the facility
through the control of the patrons or employees or
independent contractors in the facility.
5.88.020 License Required.
A.It is unlawful for any person to conduct,manage
or operate a bikini club unless such person is the holder of
a valid and subsisting license from the City to do so
obtained in the manner provided in this chapter.
B.It is unlawful for any entertainer or manager to
knowingly work in or about,or to knowingly perform any
service or entertainment directly related to the operation
of an unlicensed bikini club.
C.It is unlawful for any employee or independent
contractor or entertainer to perform in a bikini club unless
such person is the holder of a valid and subsisting license
from the City to do so.
D.It is unlawful for any manager or assistant
manager to work in a bikini club unless such person is the
holder of a valid and subsisting license from the City to do
so.
/mv/aebl.ord 33
E.It is unlawful for any security personnel to work
in a bikini club unless such person is the holder of a valid
and subsisting license from the City to do so.
5.88.030 Bikini Club Licenses.
A.All applications for a bikini club license shall
be submitted to the Clerk in the name of the person or
entity proposing to conduct said business and shall be
signed by such person and certified as true under penalty of
perjury.All applications shall be submitted on a form
supplied by the City,which shall require the following
information:
1.For the applicant and for each applicant
control person,provide:names,any aliases or
previous names,driver's license number,if any,Social
Security number,if any,and business,mailing and
residential address,and business telephone number.
2.If a partnership,whether general or limited,
the names and addresses of all partners;and if a
corporation,date and place of incorporation,names and
addresses of all shareholders,evidence that it is in
good standing under the laws of Washington,and name
and address of any registered agent for service of
process.
3.Whether the applicant or any partner,
corporate officer,or director of the applicant holds
any other licenses under this chapter or any license
for adult cabaret,adult motion picture theater,adult
drive-in theater,or adult panorams,from the City or
another city,county or state,and if so,the names and
addresses of each other licensed business.
4.A summary of the business history of the
applicant and applicant control persons in owning or
operating a bikini club,an adult cabaret,adult motion
picture theater,adult drive-in or an adult panoram,
providing names,addresses and dates of operation for
such businesses,and whether any business license has
been revoked or suspended,and the reason therefor.
5.For the applicant and all applicant control
persons,any and all criminal convictions or
forfeitures within five (5)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.
/mv/aebl.ord
6 .
persons,
For the applicant and all applicant control
a description of business,occupation or
34
,,
employment history for the three (3)years immediately
preceding the date of the application.
7.
employees
set forth
Authorization for the City,its agents and
to seek information to confirm any statements
in the application.
8.The location and doing-business-as name of
the proposed bikini club,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.
9.Two (2)two-inch by two-inch color
photographs of the applicant and applicant control
persons,taken within six (6)months of the date of
application showing only the full face.
10.A complete set of fingerprints for the
applicant or each applicant control person taken by
Marysville Police Department employees.
11.A scale drawing or diagram showing the
configuration of the premises for the proposed bikini
club,including a statement of the total floor space
occupied by the business,and marked dimensions of the
interior of the premises.Performance areas,seating
areas,manager's office and stations,restrooms and
service areas shall be clearly marked on the drawing.
When required,an exterior lighting plan shall be
submitted also.
B.An application shall be deemed complete upon the
applicant's provision of all information requested above,
including identification of "none"where that is the correct
response,and the applicant's verification that the
application is complete.The Clerk may request other
information or clarification in addition to that provided in
a complete application where necessary to determine
compliance with this chapter.
C. A nonrefundable application fee
paid at the time of filing an application
the costs of processing the application.
fee shall be $500.00.
of $700.00 must be
in order to defray
The annual renewal
D.
perjury,
is true.
Each applicant shall verify,under penalty of
that the information contained in the application
E.If any person or entity acquires,subsequent to
the issuance of a license under this chapter,a significant
interest based on responsibility for management or operation
of the licensed premises or the licensed business,notice of
such acquisition shall be provided in writing to the City
/mv/aebl.ord 35
Clerk,no later than twenty-one (21)days following such
acquisition.The notice required shall include the
information required for the original license application.
F.The bikini club license,if granted,shall state
on its face the name of the person or persons to whom it is
issued,the expiration date,the doing-business-as name and
the address of the licensed bikini club.The license shall
be posted in a conspicuous place at or near the entrance to
the bikini club so that it can be easily read at anytime the
business is open.
G. No person granted a license pursuant to this
chapter shall operate the business under a name not
specified on the license,nor shall any person operate a
business licensed under this chapter under any designation
or at any location not specified on the license.A separate
license shall be required for each location at which a
business covered by this chapter is operated.A license
shall be valid for one year,and must be annually renewed.
H.Upon receipt of the complete application and fee,
the Clerk shall provide copies to the police,fire and
community development departments for their investigation
and review to determine compliance of the proposed business
with the laws and regulations which each department
administers.Each department shall,within thirty (30)days
of the date of such application,inspect the application and
premises and shall make a written report to the Clerk
whether such application and premises complies with the laws
administered by each department.No license may be issued
unless each department reports that the application and
premises comply with the relevant laws.In the event the
premises is not yet constructed,the departments shall base
their recommendation as to premises compliance on their
review of the drawings submitted in the application.Any
license approved prior to premises construction shall
con~ain a condition that the premises may not open for
business until the premises have been inspected and
determined to be in substantial conformance with the
drawings submitted with the application and submitted with
any application for a building permit.A department shall
recommend denial of a license under this subsection if it
finds that the proposed business is not in conformance with
the requirements of this chapter or other law in effect in
the city.A recommendation for denial shall cite the
specific reason therefor,including applicable laws.
I.A license shall be issued by the Clerk within
thirty (30)days of the date of filing a complete license
application and fee,unless the Clerk determines that the
applicant has failed to meet any of the requirements of this
chapter or provide any information required under this
subsection or that the applicant has made a false,
misleading or fraudulent statement of material fact on the
/mv/aebl.ord 36
application for a license.The Clerk shall grant an
extension of time in which to provide all information
required for a complete license application upon the request
of the applicant.If the Clerk finds that the applicant has
failed to meet any of the requirements for issuance of a
license,the Clerk shall deny the application in writing and
shall cite the specific reasons therefor,including
applicable law.If the Clerk fails to issue or deny the
license within thirty (30)days of the date of filing of a
complete application and fee,the applicant shall be
permitted,subject to all other applicable law,to operate
the business for which the license was sought until
notification by the Clerk that the license has been denied,
but in no event may the Clerk extend the application review
time for more than an additional twenty (20)days.
5.88.040 Bikini Club Manager,Assistant Manager,
Security Personnel and Entertainer Licenses.
A. No person shall work as a manager,assistant
manager,security personnel or entertainer at a bikini club
without an entertainer's,managers,or security personnel's
license from the City.Each applicant for a manager's,
security personnel's or entertainer'S license shall complete
an application on forms provided by the City containing the
information identified below.A nonrefundable application
fee of $100.00 shall accompany the application.A copy of
the application shall be provided to the Police Department
for its review,investigation and recommendation.All
applications shall be signed by the applicant and certified
to be true under penalty of perjury.The license
application shall require the following information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,Social
Security number,and in the entertainer's application
any stage names or nicknames used in entertaining.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
/mv/aebl.ord
(b)a
bearing the
birth;
state-issued identification card
applicant's photograph and date of
37
,,
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other,city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Every entertainer and each and all security
personnel shall provide his or her license to the
bikini club manager on duty on the premises prior to
beginning work.The manager shall retain the licenses
of the entertainers and security personnel readily
available for inspection by the City at any time during
business hours of the bikini club.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A bikini club manager's or security personnel's or
entertainer's license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for a bikini club manager's
or security personnel's license within fourteen (14)days of
filing of a complete application,the applicant may,subject
/mv/aebl.ord 38
to all other applicable laws,commence work as a bikini club
manager or as security personnel in a duly licensed bikini
club until notified by the Clerk that the license has been
denied,but in no event may the Clerk extend the application
review time for more than an additional twenty (20)days.
D.An applicant for an entertainer's license shall be
issued a temporary license upon receipt of a complete
license application and fee.Said temporary license will
automatically expire on the fourteenth day following the
filing of the complete application and fee,unless the Clerk
has failed to approve or deny the license application,in
which case the temporary license shall be valid until the
Clerk approves or denies the application,or until the final
determination of any appeal from a denial of the
application.In no event may the Clerk extend the
application review time for more than an additional twenty
(20)days.If the Clerk determines that the entertainer has
failed to quality for the license applied for,the Clerk
shall deny the application in writing and shall cite the
specific reasons therefor,including applicable laws.
E.A license issued under this section shall be valid
for one year and must be annually renewed.The annual
renewal fee for a manager,assistant manager,entertainer or
for security personnel shall be $75.00.
5.88.050 Denials of License.Should the person
seeking a license under this chapter disagree with the
Clerk's determination,the applicant must file a notice
of nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the notification of
denial.
A.The City shall,within five (5)working days
following receipt of the notice of nonacceptance,apply to
the Superior Court for a judicial determination as to
whether the applicant's license was properly denied.The
burden of showing that the applicant's license was properly
denied shall rest on the City.
B.If a preliminary judicial determination sustaining
the City's denial of the subject license is not obtained
within five (5)working days from the date the complaint is
served,an interim license shall be issued under this
chapter by operation of the law.The interim license shall
issue in any event if a final judicial determination on the
merits is not obtained within twenty (20)days from the date
the complaint is filed.In such case,the interim license
will remain in effect until a final judicial determination
on the merits is reached;provided,however,that any delays
caused or requested by the applicant shall be excluded from
the above-mentioned twenty-day period.
/mv/aebl.ord 39
5.88.060 Suspension or Revocation of Licenses
Notice--Summary Suspension or Revocation.
A.The City Clerk may suspend or revoke any license
issued pursuant to this chapter for a period of time not to
exceed one year where one or more of the following
conditions exist:
1.The license was procured by fraud or false
representation of fact in the application or in any
report or record required to be filed with the Clerk;
2.The building,structure,equipment,operation
or location of the business for which the license was
issued does not comply with the requirements or fails
to meet the standards of this chapter;
3.The applicant,applicant control person,
manager,assistant manager,entertainer,or security
personnel has violated or permitted violation of any of
the provisions of this chapter.
B.The procedure for revoking or suspending a license
under this chapter shall be the following:Upon determining
that grounds for revocation or suspension exist,the City
Clerk shall send the licensee a notice of intent to revoke
or suspend the license.Such notice shall set forth the
grounds for suspension or revocation and schedule a hearing
before the Hearing Examiner.The Hearing Examiner is hereby
specifically authorized to conduct said hearing in
accordance with the following procedures (and not the
procedures of Chapter 2.70 of the Marysville Municipal
Code):
1.The hearing shall be held no earlier than
three (3)and no later than ten (10)working days from
the date of notice of intent to revoke.
2.The licensee shall be permitted to present
evidence in support of his position at the hearing.
3.Within two working days after the hearing,
the Hearing Examiner shall notify the licensee in
writing of his/her determination and reasons therefor.
4.Should the licensee disagree with the
determination,he/she must file a notice of
nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the Hearing
Examiner's determination.
5.In the event that a notice of nonacceptance
is not filed,the Hearing Examiner's determination
shall become final and the suspension/revocation shall
be given immediate effect.
Imv/aebl.ord 40
C.The City shall,within five (5)working days
following receipt of a notice of nonacceptance,file a
complaint with the Superior Court enjoining the licensee
from operating his/her business or acting pursuant to
his/her license.The burden of proof shall be on the City.
The status quo shall be maintained and the Clerk's
determination of revocation or suspension shall not be
effective until a final judicial determination on the merits
affirming the suspension/revocation is rendered.
5.88.070 Standards of Conduct and Operation--
Bikini Clubs.The following standards of conduct and
operation must be adhered to by a bikini club and its
employees and independent contractors:
A.Required on Premises.While open to the public,a
licensed manager and/or assistant manager shall be on
premises at all times.While open to the public,licensed,
uniform-wearing security personnel in the following numbers
shall be on premises at all times:
Patron Seatinq
Less than 50 seats
50 to 100 seats
100 to 150 seats
More than 150 seats
Number of Uniformed
Security Personnel
1
2
3
4
B.Nudity.No employee,independent contractor or
entertainer shall be unclothed or in such less than opaque
and complete attire,costume or clothing so as to expose to
view any portion of the female breast below the top of the
areola or any portion of the pubic region,anus,buttocks,
vulva or genitals.
C.Simulated Anatomy.No employee,independent
contractor or entertainer mingling with members of the
public shall wear or use any device or covering exposed to
view which simulates the breast below the top of the areola,
vulva,genitals,anus,any portion of the pubic region,or
buttocks.
D.Sexual Touching--Patrons.No employee,
independent contractor or entertainer shall caress,fondle,
or erotically touch any member of the public.No employee,
independent contractor or entertainer shall encourage or
permit any member of the public to caress,fondle or
erotically touch any employee,independent contractor or
entertainer.
E.Sexual Acts--Employees.No employee,independent
contractor or entertainer shall perform actual or simulated
acts of sexual conduct,or any act which constitutes a
/mv/aebl.ord 41
violation of RCW 7.48A,the Washington Moral Nuisances
Statute.
F.Four Feet.No employee,independent contractor or
entertainer mingling with members of the public shall
conduct any dance,performance or exhibition in or about the
nonstage area of the bikini club unless that dance,
performance or exhibition is performed at a distance of no
less than four (4)feet from any member of the public.
G.Gratuities.No payment,tip or gratuity offered
to or accepted by an entertainer may be offered or accepted
prior to any performance,dance or exhibition provided by
the entertainer.No entertainer performing upon any stage
area shall be permitted to accept any form of payment or
gratuity offered directly to the entertainer by any member
of the public.Any payment or gratuity offered to any
entertainer performing upon any stage area must be provided
through a manager on duty on the premises.Any payment,
gratuity or tip offered to any entertainer conducting any
performance,dance or exhibition in or about the nonstage
area of the bikini club shall be placed into the hand of the
entertainer or into a receptacle provided by the
entertainer,and not upon the person or into the clothing of
the entertainer.
H.Admission.Admission must be restricted to
persons of the age of eighteen (18)years or more.It shall
be unlawful for any owner,operator,manager,or other
person in charge of a bikini club to knowingly permit or
allow any person under the minimum age specified to be in or
upon such premises.
I.Employees;Independent Contractors.All
employees,independent contractors or entertainers,managers
and security personnel shall be over the age of eighteen
(18)years.
J.Signage.Neither the performance nor any
photograph,drawing,sketch,or other pictorial or graphic
representation thereof displaying any portion of the breasts
below the top of the areola or any portion of the pubic
hair,buttocks,genitals and/or anus may be visible outside
of the bikini club.
K.Access to Nonpublic Areas.No member of the
public shall be permitted at any time to enter into any of
the nonpublic portions of the bikini club,which shall
include but are not limited to:the dressing rooms of the
entertainers or other rooms provided for the benefit of
employees or independent contractors,and the kitchen and
storage areas;EXCEPT that authorized vendors or service
personnel delivering goods and materials,food and
beverages,or performing maintenance or repairs to the
premises or equipment on the premises may be permitted into
/mv/aebl.ord 42
nonpublic areas to the extent required to perform their job
duties.
L.Interior Lighting.Sufficient interior lighting
shall be provided and equally distributed throughout the
public areas of the premises so that all objects are plainly
visible at all times and all parts of the public areas shall
be illuminated so that patrons with normal vision on any
part of the public areas of the premises shall be able to
read written textual material printed in 8 point type.A
sample of 8 point type follows:
This is a sample of 8 point type.
M.Exterior Lighting.All on-site parking areas and
premise entries shall be illuminated from dusk until one
hour past closing hours of operation with a lighting system
that provides an average maintained horizontal illumination
of one (1)foot candle of light on the parking surface
and/or walkways.An on-premise exterior lighting plan shall
be included in the application for license submitted to the
Clerk.
N.Signs.Two signs at least two feet by two feet,
and one in the immediate area of the entrance,with letters
at least one inch high shall be conspicuously displayed in
the public area(s)of the premises stating the following:
THIS BIKINI CLUB IS REGULATED BY THE CITY OF
MARYSVILLE.ENTERTAINERS ARE:
1.NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL
CONDUCT.
2.NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE.
3.NOT PERMITTED TO ACCEPT PAYMENT,TIPS OR
GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.
4.NOT PERMITTED TO ACCEPT PAYMENT,TIPS OR
GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING
UPON ANY STAGE AREA.
5.WHILE PERFORMING IN NONSTAGE AREAS,NOT PERMITTED
TO ACCEPT PAYMENT,TIPS OR GRATUITIES EXCEPT THOSE
PLACED IN THE ENTERTAINER'S HAND OR A RECEPTACLE.
5.88.080 Record Keeping.
A.All papers,records and things required to be kept
pursuant to this chapter shall be open to inspection by the
Clerk during the hours when the licensed premises are open
for business,upon two days'written notice.The purpose of
such inspections shall be to determine whether the papers,
records and things meet the requirements of this ordinance.
/mv/aebl.ord 43
,
!
B.Each bikini club shall maintain and retain for a
period of two (2)years the name,address and age of each
person employed or otherwise retained or allowed to perform
on the premises as an entertainer or to act as a manager or
security personnel,including independent contractors and
their employees.This information shall be open to
inspection by the Clerk during hours of operation of the
business upon twenty-four (24)hours'notice to the
licensee.
5.88.090 Inspections.In order to insure
compliance with this chapter,all areas of a licensed
bikini club which are open to members of the public
shall be open to inspection by City agents and
employees during the hours when the premises are open
for business.The purpose of such inspections shall be
to determine if the licensed premises are operated in
accordance with the requirements of this chapter.It
is hereby expressly declared that unannounced
inspections are necessary to insure compliance with
this chapter.
5.88.100 Misdemeanor.Any person knowingly
violating any of the provisions of this chapter is
guilty of a misdemeanor,and upon conviction thereof,
shall be punished as provided in Section 6.03.120
Marysville Municipal Code.
5.88.110 Severability.Each provision of this
chapter is separate and severable from all other
provisions of this chapter.The invalidity of any
clause,sentence,paragraph,subdivision,section or
portion of this chapter,or the invalidity of the
application thereof to any person or circumstances
shall not affect the enforcement of the remainder of
this chapter to any person or circumstances.
Section 6.Chapter 5.92.A new Chapter 5.92 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 5.92
Public Bath Houses,Body Shampoo Parlors
And Tattoo Parlors
5.92.010 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
(1)"Applicant"means the individual or entity seeking
a license to operate a public bath house,body shampoo
parlor or tattoo parlor in the city of Marysville.Upon
issuance of a license,the applicant may be referred to as
the "licensee."
/mv/aebl.ord 44
,',
(2)"Applicant control person"means all partners,
corporate officers and directors and any other individuals
in the applicant's business organization who hold a
significant interest in the business,based on
responsibility for the management of the business.
(3)"Attendant"means an employee or independent
contractor who is present at a public bathhouse or body
shampoo parlor while a patron's body is bathed,washed,or
shampooed.
(4)"Beginning work"shall mean engage in activities
for a business required to be licensed by this chapter,
whether the relationship is deemed between employer and
employee or owner and independent contractor.
(5)"Body shampoo parlor"means any place open to the
public where an attendant is present and a patron's body is
washed or shampooed.A body shampoo parlor shall not
include any barber or beauty salon,medical facility or
nursing home facility where a customer or patient may be
washed,shaved and/or shampooed.
(6)"Clerk"shall mean the City Clerk or Deputy City
Clerk as appointed pursuant to the provisions of Chapter
2.30 Marysville Municipal Code.
(7)"Employee"or "independent contractor"means any
and all persons,including managers who work in or at or
render any services directly related to the operation of a
public bath house,body shampoo parlor or tattoo parlor.
(8)"Hearing Examiner"shall mean the Hearing Examiner
as appointed pursuant to the provisions of Chapter 2.70 of
the Marysville Municipal Code.
(9)"Manager"means any person who manages,directs,
administers or is in charge of the affairs and/or conduct of
any portion of any activity at a public bath house,body
shampoo parlor or tattoo parlor.An "assistant manager"
shall be that person who,in the absence of the manager or
jointly with the manager,shall undertake the duties of the
manager as defined by this section.
(10)"Person"means any individual,partnership,
corporation,trust,incorporated or unincorporated
association,marital community,joint venture or other
entity or group of persons,however organized.
(11)"Public bath house"means any place open to the
public where Russian,Turkish,Swedish,hot air,vapor,
electric cabinet or other baths of any kind are given or
furnished,provided that the term "public bath house"shall
not include ordinary tub baths where an attendant is not
provided and provided further that a public bath house shall
Imv/aebl.ord 45
I'
not include a club as defined by section 19.08.095
Marysville Municipal Code organized for athletic purposes,
or a country club as defined by Section 19.08.127 Marysville
Municipal Code.
(12)"Tattoo parlor"means any premises at which
tattooing is provided as a service to the public.
5.92.020 License Required.
A.It is unlawful for any person to conduct,manage
or operate any of the following businesses unless such
person is the holder of valid and subsisting license from
the City to do so,obtained in the manner provided in this
chapter:public bath house,body shampoo parlor,or tattoo
parlor.
B.It is unlawful for any manager,assistant manager
or attendant to begin work in a public bath house unless
such person is the holder of a valid and subsisting license
from the City to do so.
C.It is unlawful for any manager,assistant manager
or attendant to knowingly work in or about or to knowingly
perform any service related to the operation of an
unlicensed public bath house.
D.It is unlawful for a manager,assistant manager or
attendant to begin work in a body shampoo parlor unless the
person is a holder of a valid and subsisting license from
the City to do so.
E.It is unlawful for a manager,assistant manager or
attendant to knowingly work in or about or to knowingly
perform any service directly related to the operation of an
unlicensed body shampoo parlor.
F.It is unlawful for a manager or an employee or
independent contractor to work in a tattoo parlor unless the
manager or employee or independent contractor is a holder of
a valid and subsisting license from the City to do so.
G.It is unlawful for a manager to knowingly work in
or about or to knowingly perform any service related to the
operation of an unlicensed tatoo parlor.
5.92.030 Public Bath Houses,Body Shampoo Parlors
and Tattoo Parlors Licenses.
A.All applications for either a public bath house,
body shampoo parlor or tattoo parlor license shall be
submitted to the Clerk in the name of the person or entity
proposing to conduct said business and shall be signed by
such person and certified as true under penalty of perjury.
/mv/aebl.ord 46
All applications shall be submitted on a form supplied by
the City,which shall require the following information:
1.For the applicant and for each applicant
control person,provide:names,any aliases or
previous names,driver's license number,if any,Social
Security number,if any,and business,mailing and
residential address,and business telephone number.
2.If a partnership,whether general or limited,
the names and addresses of all partners;and if a
corporation,date and place of incorporation,names and
addresses of all shareholders,evidence that it is in
good standing under the laws of Washington,and name
and address of any registered agent for service of
process.
3.Whether the applicant or any partner,
corporate officer,or director of the applicant holds
any other licenses under this chapter or any license
for adult cabaret,adult motion picture theater,adult
drive-in theater,adult panoram or bikini club,from
the City or another city,county or state,and if so,
the names and addresses of each other licensed
business.
4.A summary of the business history of the
applicant and applicant control persons in owning or
operating a public bath house,body shampoo parlor or
tattoo parlor providing names,addresses and dates of
operation for such businesses,and whether any business
license has been revoked or suspended,and the reason
therefor.
5.For the applicant and all applicant control
persons,any and all criminal convictions or
forfeitures within five (5)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.
6.For the applicant and all applicant control
persons,a description of business,occupation or
employment history for the three (3)years immediately
preceding the date of the application.
7 .
employees
set forth
Authorization for the City,its agents and
to seek information to confirm any statements
in the application.
/mv/aebl.ord
8.The location and doing-business-as name of
the proposed public bath house,body shampoo parlor or
tattoo parlor including a legal description of the
property,street address,and telephone number,
47
together with the name and address of each owner and
lessee of the property.
9.Two (2)two-inch by two-inch color
photographs of the applicant and applicant control
persons,taken within six (6)months of the date of
application showing only the full face.
10.A complete set of fingerprints for the
applicant or each applicant control person taken by
Marysville Police Department employees.
11.A scale drawing or diagram showing the
configuration of the premises for the proposed public
bath house,body shampoo parlor or tattoo parlor,
including a statement of the total floor space occupied
by the business,and marked dimensions of the interior
of the premises.Performance areas,seating areas,
manager's office and stations,restrooms and service
areas shall be clearly marked on the drawing.
B.An application shall be deemed complete upon the
applicant's provision of all information requested above,
including identification of "none"where that is the correct
response,and the applicant's verification that the
application is complete.The Clerk may request other
information or clarification in addition to that provided in
a complete application where necessary to determine
compliance with this chapter.
C. A nonrefundable application fee
paid at the time of filing an application
the costs of processing the application.
fee shall be $300.00.
of $500.00 must be
in order to defray
The annual renewal
D.
perjury,
is true.
Each applicant shall verify,under penalty of
that the information contained in the application
E.If any person or entity acquires,subsequent to
the issuance of a license under this chapter,a significant
interest based on responsibility for management or operation
of the licensed premises or the licensed business,notice of
such acquisition shall be provided in writing to the City
Clerk,no later than twenty-one (21)days following such
acquisition.The notice required shall include the
information required for the original license application.
F.The public bath house,body shampoo parlor or
tattoo parlor license,if granted,shall state on its face
the name of the person or persons to whom it is issued,the
expiration date,the doing-business-as name and the address
of the licensed public bath house,body shampoo parlor or
tattoo parlor.The license shall be posted in a conspicuous
place at or near the entrance to the public bath house,body
/mv/aebl.ord 48
shampoo parlor or tattoo parlor,so that it can be easily
read at anytime the business is open.
G. No person granted a license pursuant to this
chapter shall operate the business under a name not
specified on the license,nor shall any person operate a
business licensed under this chapter under any designation
or at any location not specified on the license.A separate
license shall be required for each type of business covered
by this chapter,and a separate license shall be required
for each location at which a business covered by this
chapter is operated.A license shall be valid for one year,
and must be annually renewed.
H.Upon receipt of the complete application and fee,
the Clerk shall provide copies to the police,fire and
community development departments for their investigation
and review to determine compliance of the proposed business
with the laws and regulations which each department
administers.Each department shall,within thirty (30)days
of the date of such application,inspect the application and
premises and shall make a written report to the Clerk
whether such application and premises complies with the laws
administered by each department.No license may be issued
unless each department reports that the application and
premises comply with the relevant laws.In the event the
premises is not yet constructed,the departments shall base
their recommendation as to premises compliance on their
review of the drawings submitted in the application.Any
license approved prior to premises construction shall
contain a condition that the premises may not open for
business until the premises have been inspected and
determined to be in substantial conformance with the
drawings submitted with the application and submitted with
any application for a building permit.A department shall
recommend denial of a license under this subsection if it
finds that the proposed business is not in conformance with
the requirements of this chapter or other law in effect in
the city.A recommendation for denial shall cite the
specific reason therefor,including applicable laws.
I.A license shall be issued by the Clerk within
thirty (30)days of the date of filing a complete license
application and fee,unless the Clerk determines that the
applicant has failed to meet any of the requirements of this
chapter or provide any information required under this
subsection or that the applicant has made a false,
misleading or fraudulent statement of material fact on the
application for a license.The Clerk shall grant an
extension of time in which to provide all information
required for a complete license application upon the request
of the applicant.If the Clerk finds that the applicant has
failed to meet any of the requirements for issuance of a
license,the Clerk shall deny the application in writing and
shall cite the specific reasons therefor,including
/mv/aebl.ord 49
,',,
,
applicable law.If the Clerk fails to issue or deny the
license within thirty (30)days of the date of filing of a
complete application and fee,the applicant shall be
permitted,subject to all other applicable law,to operate
the business for which the license was sought until
notification by the Clerk that the license has been denied,
but in no event may the Clerk extend the application review
time for more than an additional twenty (20)days.
5.92.050 Public Bath House Manager.Assistant Manager
and Attendant Licenses.
A. No person shall work as a manager,assistant
manager,attendant at a public bath house without a manager,
assistant manager,or attendant license from the City.Each
applicant for a license shall complete an application on
forms provided by the City containing the information
identified below.A nonrefundable application fee of
$100.00 shall accompany the application for a manager or
assistant manager.A nonrefundable fee of $25.00 shall
accompany the application for an attendant.A copy of the
application shall be provided to the Police Department for
its review,investigation and recommendation.All
applications shall be signed by the applicant and certified
to be true under penalty of perjury.Each license
application shall require the following information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,and
Social Security number.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
Imv/aebl.ord 50
i,
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Each person licensed by this section shall
provide a copy of his or her license to the manager on
duty on the premises where said person works.The
manager shall retain the copy of the licenses readily
available for inspection by the City at any time during
business hours of the public bath house.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for license within fourteen
(145)days of filing of a complete application,the
applicant may,subject to all other applicable laws,
commence work until notified by the Clerk that the license
has been denied,but in no event may the Clerk extend the
application review time for more than an additional twenty
(20)days.
D.
for one
renewal
$75.00.
$20.00.
Imv/aebl.ord
A license issued under this section shall be valid
year and must be annually renewed.The annual
fee for a manager or assistant manager shall be
The annual renewal fee for an attendant shall be
51
5.92.060 Body Shampoo Parlor Manager,Assistant
Manager and Attendant Licenses.
A. No person shall work as a manager,assistant
manager,or attendant at a body shampoo parlor without a
manager,assistant manager,or attendant license from the
City.Each applicant for a license shall complete an
application on forms provided by the City containing the
information identified below.A nonrefundable application
fee of $100.00 shall accompany the application for a manager
or assistant manager.A nonrefundable fee of $25.00 shall
accompany the application for an attendant.A copy of the
application shall be provided to the Police Department for
its review,investigation and recommendation.All
applications shall be signed by the applicant and certified
to be true under penalty of perjury.Each license
application shall require the following information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,and
Social Security number.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
Imv/aebl.ord 52
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Each person licensed by this section shall
provide a copy of his or her license to the manager on
duty on the premises where said person works.The
manager shall retain the copy of the licenses readily
available for inspection by the City at any time during
business hours of the body shampoo parlor.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for license within fourteen
(14)days of filing of a complete application,the applicant
may,subject to all other applicable laws,commence work
until notified by the Clerk that the license has been
denied,but in no event may the Clerk extend the application
review time for more than an additional twenty (20)days.
D.
for one
renewal
$75.00.
$20.00.
A license issued under this section shall be valid
year and must be annually renewed.The annual
fee for a manager or assistant manager shall be
The annual renewal fee for an attendant shall be
5.92.070 Tattoo Parlor Manager,Employee and
Independent Contractor Licenses.
A. No person shall work as a manager,employee or
independent contractor at a tattoo parlor without a manager,
employee or independent contractor license from the City.
Each applicant for a license shall complete an application
on forms provided by the City containing the information
Imv/aebl.ord 53
identified below.A nonrefundable application fee of
$100.00 shall accompany the application for a manager or
assistant manager.A nonrefundable fee of $25.00 shall
accompany the application for an employee or independent
contractor.A copy of the application shall be provided to
the Police Department for its review,investigation and
recommendation.All applications shall be signed by the
applicant and certified to be true under penalty of perjury.
Each license application shall require the following
information:
1.The applicant's name,home address,home
telephone number,date and place of birth,fingerprints
taken by Marysville Police Department employees,and
Social Security number.
2.The name and address of each business at
which the applicant intends to work.
3.Documentation that the applicant has attained
the age of eighteen (18)years.Any two of the
following shall be accepted as documentation of age:
(a)a motor vehicle operator's license
issued by any state bearing the applicant's
photograph and date of birth;
(b)a state-issued identification card
bearing the applicant's photograph and date of
birth;
(c)an official passport issued by the
United States of America;
(d)an immigration card issued by the United
States of America;or
(e)any other identification that the City
determines to be acceptable.
4.A complete statement of all convictions of
the applicant for any misdemeanor or felony violations
in this or any other city,county,or state within five
(5)years immediately preceding the date of the
application,except parking violations or minor traffic
infractions.
5.A description of the applicant's principal
activities or services to be rendered.
6.Two (2)two-inch by two-inch color
photographs of applicant,taken within six (6)months
of the date of application showing only the full face.
/mv/aebl.ord 54
7.Authorization for the City,its agents and
employees to investigate and confirm any statements set
forth in the application.
8.Each person licensed by this section shall
provide a copy of his or her license to the manager on
duty on the premises where said person works.The
manager shall retain the copy of the licenses readily
available for inspection by the City at any time during
business hours of the tattoo parlor.
B.The Clerk may request additional information or
clarification when necessary to determine compliance with
this chapter.
C. A license shall be issued by the Clerk within
fourteen (14)days from the date the complete application
and fee are received unless the Clerk determines that the
applicant has failed to provide any information required to
be supplied according to this chapter,has made any false,
misleading or fraudulent statement of material fact in the
application,or has failed to meet any of the requirements
for issuance of a license under this chapter.If the Clerk
determines that the applicant has failed to qualify for the
license applied for,the Clerk shall deny the application in
writing and shall cite the specific reasons therefor,
including applicable laws.If the Clerk has failed to
approve or deny an application for license within fourteen
(14)days of filing of a complete application,the applicant
may,subject to all other applicable laws,commence work
until notified by the Clerk that the license has been
denied,but in no event may the Clerk extend the application
review time for more than an additional twenty (20)days.
D. A license issued under this section shall be valid
for one year and must be annually renewed.The annual
renewal fee for a manager shall be $75.00.The annual
renewal fee for an employee or independent contractor shall
be $20.00.
5.92.080 Denials of License.Should the person
seeking a license under this chapter disagree with the
Clerk's determination,the applicant must file a notice
of nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the notification of
denial.
A.The City shall,within five (5)working days
following receipt of the notice of nonacceptance,apply to
the Superior Court for a judicial determination as to
whether the applicant's license was properly denied.The
burden of showing that the applicant's license was properly
denied shall rest on the City.
/mv/aebl.ord 55
B.If a preliminary judicial determination sustaining
the City's denial of the subject license is not obtained
within five (5)working days from the date the complaint is
served,an interim license shall be issued under this
chapter by operation of the law.The interim license shall
issue in any event if a final judicial determination on the
merits is not obtained within twenty (20)days from the date
the complaint is filed.In such case,the interim license
will remain in effect until a final judicial determination
on the merits is reached;provided,however,that any delays
caused or requested by the applicant shall be excluded from
the above-mentioned twenty-day period.
5.92.090 Suspension or Revocation of Licenses--
Notice--Summary Suspension or Revocation.
A.The City Clerk may suspend or revoke any license
issued pursuant to this chapter for a period of time not to
exceed one year where one or more of the following
conditions exist:
1.The license was procured by fraud or false
representation of fact in the application or in any
report or record required to be filed with the Clerk;
2.The building,structure,equipment,operation
or location of the business for which the license was
issued does not comply with the requirements or fails
to meet the standards of this chapter;
3.The applicant,applicant control person,
manager,assistant manager,attendant,employee or
independent contractor providing or doing tattoos has
violated or permitted violation of any of the
provisions of this chapter.
B.The procedure for revoking or suspending a license
under this chapter shall be the following:Upon determining
that grounds for revocation or suspension exist,the City
Clerk shall send the licensee a notice of intent to revoke
or suspend the license.Such notice shall set forth the
grounds for suspension or revocation and schedule a hearing
before the Hearing Examiner.The Hearing Examiner is hereby
specifically authorized to conduct said hearing in
accordance with the following procedures (and not the
procedures of Chapter 2.70 of the Marysville Municipal
Code):
1.The hearing shall be held no earlier than
three (3)and no later than ten (10)working days from
the date of notice of intent to revoke.
2.The licensee shall be permitted to present
evidence in support of his position at the hearing.
/mv/aebl.ord 56
3.Within two working days after the hearing,
the Hearing Examiner shall notify the licensee in
writing of his/her determination and reasons therefor.
4.Should the licensee disagree with the
determination,he/she must file a notice of
nonacceptance with the City Attorney's office within
ten (10)working days of receipt of the Hearing
Examiner's determination.
5.In the event that a notice of nonacceptance
is not filed,the Hearing Examiner's determination
shall become final and the suspension/revocation shall
be given immediate effect.
C.The City shall,within five (5)working days
following receipt of a notice of nonacceptance,file a
complaint with the Superior Court enjoining the licensee
from operating his/her business or acting pursuant to
his/her license.The burden of proof shall be on the City.
The status quo shall be maintained and the Clerk's
determination of revocation or suspension shall not be
effective until a final judicial determination on the merits
affirming the suspension/revocation is rendered.
5.92.100 Standards of Conduct and Operation--
Public Bath House and Body Shampoo Parlor.The
following standards of conduct and operation must be
adhered to by a public bath house,a body shampoo
parlor,and respectively,their employees and
independent contractors:
A.Required on Premises.While open to the public,a
licensed manager and/or assistant manager shall be on
premises at all times when the facility is open to receive
customers.
B.Nudity.No employee or independent contractor
shall be unclothed or in such less than opaque and complete
attire,costume or clothing so as to expose to view any
portion of the female breast below the top of the areola or
any portion of the pubic region,anus,buttocks,vulva or
genitals.
C.Aqe of EmDlovees.No employee or independent
contractor shall be under the age of eighteen years.It
shall be unlawful for the owner,the manager or assistant
manager to knowingly permit or allow any person under the
minimum age of eighteen years to work or provide services at
a public bath house or body shampoo parlor.
D.Inspections.In order to insure compliance,
public bath houses and body shampoo parlors shall be open to
inspection by City agents and employees during the hours
when the premises are open for business.The purpose of
Imv/aebl_ord 57
such inspection shall be to determine if the licensed
premises are operated in accordance with the requirements of
this chapter.
5.92.110 Standards of Conduct and Operation--
Tattoo Parlors.The following standards of conduct and
operation must be adhered to by a tattoo parlor and its
employees and independent contractors:
A.Required on Premises.While open to the public,a
licensed manager and/or employee or independent contractor
shall be on premises at all times when the business is open
for operation.
B.Postinq of License.The license of a tattoo
parlor licensed under this chapter shall be posted in a
conspicuous place at the tattoo parlor.
C.Admission.Without the written consent of a
parent or guardian,tattooing shall not be performed on
persons under the age of eighteen years.A tattoo parlor
shall be required to obtain sufficient proof of age prior to
beginning with tattooing to ensure that all patrons tattooed
are at least eighteen years of age.Any of the following
shall be considered as appropriate documentation of age:
1.
any state
birth;
A motor vehicle operator's license issued by
bearing the patron's photograph and date of
2.A state-issued identification card bearing
the patron's photograph and date of birth;
3.An official passport issued by the United
States of America;
4.An immigration card issued by the United
States of America.
It shall be unlawful for a tattoo parlor to tattoo a
person under the age of eighteen without written consent
from the patron's parent or guardian.
D.Record Keeping.Before any tattooing operation
starts,the patron should be required personally to enter on
a record form provided by the shop his/her name,age,
address and,if service personnel,serial number and his/her
signature.Such records shall be maintained by the tattoo
parlor.Upon receipt of payment for a tattoo,the tattoo
parlor shall issue a receipt to each patron containing the
name and address of the tattoo parlor and the tattoo
parlor's license number.A duplicate copy of each such
receipt shall be maintained by the tattoo parlor.
/mv/aebl.ord 58
E.Health Regulations.
1.Tattooing should be done only on normal,
healthy skin surface.No tattooing should be done on
scar tissue.No tattoo operator shall remove any
tattoo marks.
2.A new,clean,disposable safety razor shall
be used for each patron for preparation of any areas to
be tattooed.
3.Before shaving,the area to be tattooed shall
be thoroughly cleaned with tincture of green soap
(U.S.P.)or its equivalent.After shaving the area to
be tattooed,seventy percent (70%)alcohol (rubbing
alcohol)must be applied to the skin.
4.Only carbolated vaseline or its equivalent
may be used on the area to be tattooed.
5.All dyes used shall be mixed with alcohol or
a stock solution of phenolized listerine.All dyes
used shall be manufactured by a reputable dye
manufacturing company and used without alteration of
the manufacturer's original formula.
6.Excess dye shall be removed from the skin
with an individual sterile gauze,sterile cotton or
sterile napkin.Completed tattoos shall be washed with
a piece of sterile gauze or cotton saturated with a
solution of tincture of green soap or equivalent.
Thereafter the area shall be disinfected with 70%
alcohol (rubbing alcohol).The tattooed area shall be
allowed to dry and carbolated vaseline or its
equivalent and sterile gauze shall be applied.
7.Printed or mimeographed instructions approved
by the Snohomish Health District,if available,shall
be given to each patron on the care of the skin as a
precaution against infection after tattooing.
5.92.120 Misdemeanor.Any person knowingly violating
any of the provisions of this chapter is guilty of a
misdemeanor,and upon conviction thereof shall be punished
as provided in Section 6.03.120 Marysville Municipal Code.
5.92.130 Inspections.In order to insure
compliance with this chapter,inspections by City
agents and employees during the hours of business
operation shall be permitted.The purpose of such
inspections shall be to determine if the licensed
premises are operated in accordance with this chapter.
5.92.140 Severabilitv.Each provision of this
chapter is separate and severable from all other
/mv/aebl.ord 59
provisions of this chapter.The invalidity of any
clause,sentence,paragraph,subdivision,section or
portion of this chapter,or the invalidity of the
application thereof to any person or circumstances
shall not affect the enforcement of the remainder of
this chapter to any person or circumstances.
Section 7.Chanter 6.30.020(d).Section 6.30.020(d)of
Marysville Municipal Code is hereby amended to read as follows:
6.30.020(d)."Public place"means an area generally
visible to public view,and includes streets,sidewalks,
bridges,alleys,plazas,parks,driveways,parking lots,
automobiles (whether moving or not),and buildings open to
the general public,including those which serve food or
drink or provide entertainment in the doorways and entrances
to buildings or dwellings in the grounds enclosing them.
Section 8.Chanter 5.96.A new Chapter 5.96 is hereby
added to the Marysville Municipal Code,which shall read as
follows:
Chapter 5.96
Body Studios
5.96.010 Definitions.For the purposes of this
chapter and unless the context plainly requires otherwise,a
"body studio"means any premises upon which is furnished for
a fee or charge or like consideration the opportunity to
paint,feel,handle or touch the unclothed body or unclothed
portion of the body of another person or to be so painted,
felt,handled,or touched by another person or to observe,
view or photograph any such activity,and shall include any
such premises which are advertised or represented in any
manner as an adult body-painting studio,model studio,
sensitivity awareness studio,or any other expression or
characterization which characterizes the same or a similar
meaning.It does not include a massage parlor operated by
massage therapists licensed by the State of Washington.
5.96.020 Prohibited.
A.It is unlawful for any person to conduct,manage
or operate a body studio within the City of Marysville.
B.It is unlawful for any person to knowingly work in
or about a body studio in the City of Marysville.
5.96.030 Misdemeanor.Any person knowingly violating
any of the provisions of this chapter is guilty of a
misdemeanor,and upon conviction thereof shall be punished
as provided in Section 6.03.120 Marysville Municipal Code.
/mv/aebl.ord 60
Section 9.Moratorium;Effective Date.The moratorium
imposed by Ordinance No.2022 is hereby rescinded on the
effective date of this ordinance,which shall go into effect in
accordance with the general law applicable to ordinances of the
City of Marysville.
Section 10.Severability.Each portion of this ordinance
is separate and severable from all other provisions of this
ordinance.The invalidity of any clause,sentence,paragraph or
section.or the invalidity of the application thereof to any
person or circumstances,shall not affect the enforcement of the
remainder of this chapter to any person or circumstances.
MAYOR
CITY
~PASSED by l2~ity Council and APPROVED by the Mayor this
8'day of ---'f""7'P<.J<.1<"-----'1996.
ATTEST:
B~CITY CLERK
Approved as to form:
ByAAuyJy::.CrJ~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
/mv/aebl.ord 61