6130-S

AN ACT Relating to standards of conduct for adult cabarets and adult theaters; adding new sections to chapter 9.68 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 9.68 RCW to read as follows:

The following standards of conduct must be adhered to by employees, entertainers, and customers of adult cabarets or adult theaters at all times.

(1) No employee or entertainer may appear seminude or nude in any part of the premises open to view of customers, except in an adult live entertainment performance area. No entertainer may perform anywhere on the premises except in an adult live entertainment performance area.

(2) No employee, entertainer, or customer may perform acts of or acts which simulate: Sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law.

(3) No customer may go within eight feet of an adult live entertainment performance area.

(4) No customer, employee, or entertainer may encourage or permit physical contact between an employee or entertainer and customer.

(5) No employee or entertainer may use artificial devices or inanimate objects to depict any of the prohibited activities described in subsection (2) of this section.

(6) No customer may give to any entertainer any gratuity or other payment.

(7) No entertainer may solicit, demand, accept, or receive any gratuity or other payment from a customer.

(8) At least two signs, in English, of sufficient size to be readable at twenty feet shall be conspicuously displayed in a public area of the cabaret or theater stating the following:

"THIS ADULT CABARET OR ADULT THEATER IS REGULATED BY . . . . . COUNTY.

ENTERTAINERS, EMPLOYEES, AND CUSTOMERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT;

ENTERTAINERS ARE NOT PERMITTED TO APPEAR SEMINUDE OR NUDE OR PERFORM EXCEPT IN AN ADULT LIVE ENTERTAINMENT PERFORMANCE AREA;

ENTERTAINERS ARE NOT PERMITTED TO SOLICIT, DEMAND, ACCEPT, OR RECEIVE ANY GRATUITY OR OTHER PAYMENT FROM A CUSTOMER."

(9) There must be at least one employee who is not working as an entertainer in any public area during all hours of operation.

(10) Except for public restrooms, doors to areas on the premises that are available for use by persons other than the owner and/or manager, or their agents or employees, may not be locked during business hours.

(11) No person may operate or maintain any kind of warning device or system for the purpose of warning or aiding and abetting the warning of any employee, customer, or any other person that the police, health, fire, or building inspectors or other public officials are approaching or have entered the premises.

(12) During all hours of operation, sufficient lighting shall be provided and equally distributed in or about the parts of the premises that are open to and used by customers. For lighting to be sufficient, all objects must be plainly visible and a Washington state liquor control board card or other written instrument printed in eight-point type must be readable by the human eye with 20/20 vision from two feet away.

(13) For the purposes of this section:

(a) "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, that features: (i) Persons who appear seminude or nude; or (ii) live performances that are characterized by the exposure of the genitals, buttocks, anus, or pubic area of a person or breasts of a female person or sexual activities.

(b) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, features persons who appear live in a seminude or nude state, or live performances that are characterized by the exposure of the genitals, buttocks, anus, or pubic area of a person or breasts of a female person or sexual activities.

(d) "Seminude or nude" means the exposure of any or all of the following: Genitals, buttocks, anus, or pubic area of a person or breasts of a female person.

(14) Violation of this section is a misdemeanor.

Counties, cities, towns, or other municipalities may enact those laws and ordinances relating to the standards of conduct for adult cabarets and adult theaters that are more restrictive than the requirements of this section.

NEW SECTION. Sec. 2. A new section is added to chapter 9.68 RCW to read as follows:

(1) Section 1 of this act may not be construed to prohibit:

(a) Plays, operas, musicals, or other dramatic works that are not obscene;

(b) Classes, seminars, and lectures held for serious scientific or educational purposes; or

(2) For purposes of this section, an activity is "obscene" if:

(a) Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex;

(b) As measured against community standards, the activity depicts patently offensive representations of (i) ultimate sexual acts, normal or perverted, actual or simulated; (ii) masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or (iii) violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(3) For purposes of this section, an activity is "dramatic" if the activity is of, relating to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater.