BP BHEAD INT S

AN ACT Relating to standards of conduct for adult cabarets and adult theaters; adding a new section 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 into or upon or within eight feet of an adult live entertainment performance area.

(4) No customer, employee, or entertainer may allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the genitals, buttocks, anus, pubic area, or breasts of himself, herself, or another.

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

(6) No entertainer who performs siminude or nude may appear or remain in any part of the premises open to the public except in the adult live entertainment performance area during business hours.

(7) 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.

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

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

(10) 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 REMAIN WITHIN THE PUBLIC AREAS OF THIS ADULT CABARET OR THEATER EXCEPT IN AN ADULT LIVE ENTERTAINMENT PERFORMANCE AREA DURING BUSINESS HOURS;

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

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

(12) 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.

(13) 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.

(14) 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.

(15) Violation of this section is a misdemeanor.