H-2128

AN ACT Relating to a model ordinance for cities, towns, and counties for the regulation of live adult entertainment establishments; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. This act may be known and cited as the live adult entertainment establishment model licensing act.

NEW SECTION. Sec. 2. The purpose of this chapter is to encourage regulation of the negative secondary impacts of live adult entertainment on the health, safety, and welfare of the citizens of this state by providing a comprehensive compilation of sound, uniform laws for licensing and regulating conduct in live adult entertainment establishments. These uniform laws are provided to serve as a model that local jurisdictions may adopt by reference in whole or in part, including all future amendments or additions to the laws. A local jurisdiction that adopts this chapter by reference may at any time exclude any section or sections from this chapter that the local jurisdiction does not desire to include in its local ordinance. This chapter is not intended to deny a local jurisdiction its legislative power, but rather to enhance regulation of the negative secondary impacts of live adult entertainment throughout the state by having uniform laws available. This chapter may not be construed as permitting or promoting lewd or obscene conduct.

NEW SECTION. Sec. 3. The legislature finds that:

(1) Live adult entertainment establishments require special supervision from the public safety agencies of the cities, towns, and counties in which the establishments might locate in order to protect and preserve the health, safety, and welfare of the patrons of the establishments as well as the citizens of the state;

(2) Live adult entertainment establishments are frequently used for unlawful activities, including prostitution and sexual exploitation of minors and the illegal use and sale of narcotics;

(3) The concern over sexually transmitted diseases is a legitimate health concern of the state that demands reasonable regulation of live adult entertainment establishments in order to protect the health and well-being of the citizens;

(4) Local licensing is a legitimate and reasonable means of accountability to ensure that operators of live adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation;

(5) Live adult entertainment establishments, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and increases in the opportunity for the spread of sexually transmitted diseases;

(6) It is not the intent of this legislation to suppress speech activities protected by the First Amendment to the United States Constitution or Article I, section 5 of the state Constitution, but to enact content neutral legislation that addresses the negative secondary impacts of live adult entertainment establishments; and

(7) The financial resources of many cities, towns, and counties in this state are limited, making it difficult for those jurisdictions to conduct studies necessary to enact local legislation and to address legal challenges to the local legislation. The model ordinance adopted in this chapter will provide a means by which local jurisdictions can adopt reasonable time, place, and manner regulations of live adult entertainment establishments without having to bear a disproportionate share of the costs of enacting and enforcing this type of legislation.

NEW SECTION. Sec. 4. The addition of a new section to, or amendment or repeal of a section in, this chapter by the legislature is deemed to amend an ordinance of a city, town, or county that has adopted by reference this chapter or any part of this chapter, and it is not necessary for the legislative authority of a city, town, or county to take an action with respect to the addition, amendment, or repeal notwithstanding RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).

NEW SECTION. Sec. 5. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adult entertainment" means:

(a) An exhibition, performance, or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. "Adult entertainment" includes, but is not limited to, a performance commonly known as "striptease";

(b) An exhibition, performance, or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation, or relation to the following specified sexual activities:

(i) Human genitals in a state of sexual stimulation or arousal;

(ii) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or

(iii) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or

(c) An exhibition, performance, or dance conducted in a commercial premises that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for the performance, exhibition, or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

(2) "Applicant" means the individual or entity seeking a live adult entertainment establishment license.

(3) "Applicant control person" means all partners, corporate officers and directors, and other individuals in the applicant's business organization who hold a significant interest in the live adult entertainment business, based on responsibility for management of the live adult entertainment establishment.

(4) "Clerk" means an employee or agent of the jurisdiction designated to administer this chapter or a designee of the employee or agent.

(5) "Employee" means a person, including a manager, entertainer, or an independent contractor, who works in or at, or renders services directly related to the operation of, a live adult entertainment establishment.

(6) "Entertainer" means a person who provides adult entertainment within a live adult entertainment establishment, whether or not a fee is charged or accepted for the entertainment.

(7) "Liquor" means a beverage defined in RCW 66.04.010.

(8) "Live adult entertainment establishment" means a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment to a member of the public on a regular basis or as a substantial part of the premises activity.

(9) "Manager" means a person who manages, directs, administers, or is in charge of the affairs or conduct, or the affairs and conduct, of a portion of an activity involving adult entertainment occurring at a live adult entertainment establishment, and includes an assistant manager working with or under the direction of a manager to carry out such affairs or conduct.

(10) "Member of the public" means a customer, patron, club member, or person, other than an employee, who is invited or admitted to a live adult entertainment establishment.

(11) "Nude or seminude" means a state of complete or partial undress in such costume, attire, or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(12) "Operator" means a person operating, conducting, or maintaining a live adult entertainment establishment.

(13) "Person" means an individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

(14) "Sexual conduct" means an act of:

(a) Sexual intercourse within its ordinary meaning, occurring upon a penetration, however slight; or

(b) A penetration of the vagina or anus, however slight, by an object; or

(d) Masturbation, manual or instrumental, of oneself or of one person by another; or

(e) Touching of the sex organs, anus, or female breasts, whether clothed or unclothed, of oneself or of one person by another.

NEW SECTION. Sec. 6. (1) A person may not conduct, manage, or operate a live adult entertainment establishment unless the person is the holder of a valid and subsisting license from the jurisdiction to do so.

(2) An entertainer, employee, or manager may not knowingly work in or about, or knowingly perform a service or entertainment directly related to the operation of, an unlicensed live adult entertainment establishment.

(3) An entertainer may not perform in a live adult entertainment establishment unless the person is the holder of a valid and subsisting license from the jurisdiction to do so.

(4) A manager may not work in a live adult entertainment establishment unless the person is the holder of a valid and subsisting license from the jurisdiction to do so.

NEW SECTION. Sec. 7. A jurisdiction may not issue a license to:

(1) A natural person who has not attained the age of twenty-one years, except that a license may be issued to a person who has attained the age of eighteen years with respect to live adult entertainment establishments where no intoxicating liquors are served or provided;

(2) A person whose place of business is conducted by a manager or agent, unless the manager or agent has obtained a manager's license;

(3) A partnership, unless all the members of the partnership are qualified to obtain a license. The license must be issued to the manager or agent of the partnership; and

(4) A corporation, unless all the officers and directors of the corporation are qualified to obtain a license under this chapter. The license must be issued to the manager or agent of the corporation.

NEW SECTION. Sec. 8. (1) An application for a live adult entertainment establishment license must be submitted to the clerk in the name of the person or entity proposing to operate a live adult entertainment establishment on the business premises and must be signed by the person and certified as true under penalty of perjury. An application must be submitted on a form supplied by the jurisdiction, which must require the following information:

(a) For the applicant and for each applicant control person, provide: Names; aliases or previous names, if any; driver's license number, if any; social security number, if any; business, mailing, and residential address; and business telephone number;

(b) If a partnership, whether the partnership is general or limited, and if a corporation, the date and place of incorporation; evidence that the partnership or corporation is in good standing under the laws of this state; and the name and address of the registered agent for service of process;

(c) Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for a similar live adult entertainment or sexually oriented business, including a motion picture theater and a panoram, from the jurisdiction or another city or county or state, and, if so, the name and address of each other licensed business;

(d) A summary of the business history of the applicant and applicant control persons in owning or operating the live adult entertainment or other sexually oriented business, providing names, addresses, and dates of operation for the businesses and whether a business license or live adult entertainment establishment license has been revoked or suspended and the reason for the revocation or suspension;

(e) For the applicant and all applicant control persons, all criminal convictions or forfeitures within five 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 the court, and disposition;

(f) For the applicant and all applicant control persons, a description of business, occupation, or employment history for the three years immediately preceding the date of the application;

(g) Authorization for the jurisdiction and the jurisdiction's agents and employees to seek information to confirm statements set forth in the application;

(h) The location and doing-business-as name of the proposed live adult entertainment establishment, 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;

(i) Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face;

(j) A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency; and

(k) A scale drawing or diagram showing the configuration of the premises for the proposed live adult entertainment establishment, 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 must be clearly marked on the drawing. An application for a license for a live adult entertainment establishment must include building plans that demonstrate conformance with the jurisdiction's building code requirements.

(2) An application must be deemed complete upon the applicant's provision of all information requested in subsection (1) of this section, including the 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 if necessary to determine compliance with this chapter.

(3) The applicant must pay a nonrefundable application fee at the time of filing an application in order to defray the costs of processing the application.

(4) An applicant shall verify, under penalty of perjury, that the information contained in the application is true.

(5) If, subsequent to the issuance of a live adult entertainment establishment license for a business, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of the acquisition must be provided by the business or person or entity in writing to the clerk, no later than twenty-one days following the acquisition. The notice must include the information required for the original live adult entertainment establishment license application.

(6) The live adult entertainment establishment license, if granted, must 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 live adult entertainment establishment. The license must be posted in a conspicuous place at or near the entrance to the live adult entertainment establishment so that the notice can be easily read when the business is open.

(7) A person granted a live adult entertainment establishment license under this chapter may not operate the live adult entertainment establishment under a name not specified on the license, nor may a person operate a live adult entertainment establishment under a designation or at a location not specified on the license.

(8) Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and building departments of the jurisdiction for their investigations and reviews to determine compliance of the proposed live adult entertainment establishment with the laws and regulations that each department administers. Each department shall, within thirty days of the date of the application, inspect the application and premises and shall make a written report to the clerk whether the application and premises comply with the laws administered by the department. A license may not be issued unless each department reports that the applicant and premises comply with the relevant laws. If the premises is not yet constructed, the departments shall base their recommendations as to premises compliance on their review of the drawings submitted in the application. A live adult entertainment establishment license approved before the premises construction must 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. A department shall recommend denial of a license under this subsection if it finds that the proposed live adult entertainment establishment is not in conformance with this chapter or other applicable law in effect in the jurisdiction. The department shall cite in a recommendation for denial the specific reason for the recommendation including applicable laws.

(9) The clerk shall issue a live adult entertainment establishment license within thirty days of the date of filing a complete license application and fee unless the clerk determines that the applicant failed to meet a requirement of this chapter, failed to provide information required under this section, or made a false, misleading, or fraudulent statement of material fact on the license application. 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 a requirement for issuance of a live adult entertainment establishment license, the clerk shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the clerk fails to issue or deny the license within thirty days of the date of filing of a complete application and fee, the applicant may, subject to all other applicable laws, operate the business for which the license was sought until notification by the clerk that the license has been denied, but the clerk may not extend the applicant review time for more than an additional twenty days.

NEW SECTION. Sec. 9. (1) A person may not work as a manager, assistant manager, or entertainer at a live adult entertainment establishment without a manager's or an entertainer's license from the jurisdiction. An applicant for a manager's or entertainer's license must complete an application on forms provided by the jurisdiction containing the information identified in this subsection. A nonrefundable application fee must accompany the application. The clerk shall provide a copy of the application to the law enforcement agency of the jurisdiction for its review, investigation, and recommendation. An application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information:

(a) The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the law enforcement agency of the jurisdiction or such other entity as authorized by the local law enforcement agency, social security number, and any stage names or nicknames used in entertaining;

(b) The name and address of each live adult entertainment establishment at which the applicant intends to work;

(c) Documentation that the applicant has attained the age of eighteen years. Any two of the following are acceptable as documentation of age:

(i) A motor vehicle operator's license issued by a state, bearing the applicant's photograph and date of birth;

(ii) A state-issued identification card bearing the applicant's photograph and date of birth;

(iii) A passport issued by the United States of America;

(iv) An immigration card issued by the United States of America; or

(v) Other identification that the jurisdiction determines to be acceptable and reliable;

(d) A complete statement of all convictions of the applicant for misdemeanor or felony violations in the jurisdiction or another city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions;

(e) A description of the applicant's principal activities or services to be rendered;

(f) Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of application showing only the full face; and

(g) Authorization for the city and its agents and employees to investigate and confirm statements in the application.

(2) The clerk may request additional information or clarification if necessary to determine compliance with this chapter.

(3) An entertainer shall provide the entertainer's license to the live adult entertainment establishment manager on duty on the premises before the entertainer's performance. The manager shall retain the license of the entertainer so as to be readily available for inspection by the jurisdiction during business hours of the live adult entertainment establishment.

(4) The clerk shall issue a live adult entertainment establishment manager's or entertainer's license within fourteen days from the date the complete application and fee are received unless the clerk determines that the applicant failed to provide information required to be supplied according to this chapter, made a false, misleading, or fraudulent statement of material fact in the application, or failed to meet a requirement for issuance of a license under this chapter. If the clerk determines that the applicant does not qualify for the license, the clerk shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the clerk fails to approve or deny an application for a live adult entertainment establishment manager's license within fourteen days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as a live adult entertainment establishment manager in a licensed live adult entertainment establishment until notified by the clerk that the license is denied, but the clerk may not extend the application review time for more than an additional twenty days.

(5) An applicant for an entertainer's license must be issued a temporary license upon receipt of a complete license application and fee. The temporary license automatically expires on the fourteenth day following the filing of the complete license application and fee unless the clerk fails to approve or deny the license application, in which case the temporary license is valid until the clerk approves or denies the application or until the final determination of an appeal from a denial of the application. The clerk may not extend the application review time for more than an additional twenty days.

NEW SECTION. Sec. 10. The jurisdiction shall fix license fees for live adult entertainment establishment licenses, live adult entertainment establishment manager's licenses, and live adult entertainer's licenses. The jurisdiction shall base the license fees on the costs to the jurisdiction to process and investigate license applications and to enforce the licensing provisions of this chapter.

NEW SECTION. Sec. 11. (1) An applicant may appeal the action of the clerk in refusing to issue or renew a license issued under this chapter. The applicant must file a notice of appeal with the clerk within ten days of issuance of the notice of refusal to issue or renew. A hearing body designated by the jurisdiction to hear licensing appeals shall hear the appeal. The hearing must be conducted within thirty days of the filing of the notice of appeal. At the hearing, the appellant and other interested persons may appear and be heard, subject to the rules of the hearing body. The hearing body shall render its decision in writing within fifteen days of the close of the appeal hearing.

(2) An applicant may appeal a decision of the hearing body rendered under subsection (1) of this section by filing a petition for a writ of certiorari, prohibition, or mandamus in the superior court within ten days of the date the decision of the hearing body is mailed to the applicant.

NEW SECTION. Sec. 12. (1) An employee of a live adult entertainment establishment must adhere to the following standards of conduct while in an area in which a member of the public is allowed to be present:

(a) An employee may not be unclothed or in such less than opaque and complete attire, costume, or clothing so as to expose to view a portion of the female breast below the top of the areola or a portion of the pubic region, anus, buttocks, vulva, or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public;

(b) An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume, or clothing as described in (a) of this subsection, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wearing or using a device or covering that simulates the same;

(c) An employee mingling with a member of the public may not wear or use a device or covering exposed to view that simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the pubic region, or buttocks;

(d) An employee may not caress, fondle, or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle, or erotically touch an employee;

(e) An employee may not perform an actual or simulated act of sexual conduct or an act that constitutes a violation of chapter 7.48A RCW, the Washington moral nuisance statute, or any local ordinance regulating offenses against public morals;

(f) An employee mingling with a member of the public may not conduct a dance, performance, or exhibition in or about the nonstage area of the live adult entertainment establishment unless that dance, performance, or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance, or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public;

(g) A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before a performance, dance, or exhibition provided by the entertainer. An entertainer performing upon a stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon a stage area must be placed into a receptacle provided for receipt of gratuities by the management of the live adult entertainment establishment or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance, or exhibition in or about the nonstage area of the live adult entertainment establishment must 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.

(2) At a live adult entertainment establishment the following are required:

(a) Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager, or other person in charge of a live adult entertainment establishment may not knowingly permit or allow a person under the age of eighteen years to be in or upon the premises;

(b) Neither the performance, nor any photograph, drawing, sketch, or other pictorial or graphic representation of the performance, displaying a portion of the breasts below the top of the areola or a portion of the pubic hair, buttocks, genitals, or anus may take place or be located so as to be visible to a minor who is or might be outside of the live adult entertainment establishment; and

(c) A member of the public may not be permitted to enter into a nonpublic portion of the live adult entertainment establishment, that includes but is not limited to: The dressing rooms of the entertainers; other rooms provided for the benefit of employees; or the kitchen or storage areas. However, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into a nonpublic area to the extent required to perform the person's job duties.

(3) The responsibilities of the manager of a live adult entertainment establishment include but are not limited to:

(a) A licensed manager shall be on duty at a live adult entertainment establishment at all times adult entertainment is provided or members of the public are present on the premises. The name and license of the manager must be prominently posted during business hours. The manager is responsible for verifying that a person who provides adult entertainment within the premises possesses a current and valid entertainer's license;

(b) The licensed manager on duty may not be an entertainer;

(c) The manager or an assistant manager licensed under this chapter must maintain visual observation of each member of the public at all times an entertainer is present in the public or performance areas of the live adult entertainment establishment. If there is more than one performance area, or the performance area is of such a size or configuration that one manager or assistant manager is unable to visually observe, at all times, each entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this chapter must be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the live adult entertainment establishment; and

(d) The manager is responsible for and must ensure that the actions of members of the public, the entertainers, and all other employees comply with this chapter.

(4)(a) The performance area of the live adult entertainment establishment where adult entertainment is provided must be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and must be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms, or stalls in which adult entertainment is provided must be visible from the common areas of the premises and at least one manager's station. Visibility may not be blocked or obstructed by doors, curtains, drapes, or other obstruction.

(b) Sufficient lighting must be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers is required for all areas of the live adult entertainment establishment where members of the public are permitted.

(c) A sign at least two feet by two feet with letters at least one inch high must be conspicuously displayed in the public area of the premises stating the following:

THIS LIVE ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE LAWS OF THIS JURISDICTION. ENTERTAINERS ARE:

A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT;

B. NOT PERMITTED TO APPEAR SEMINUDE OR NUDE, EXCEPT ON STAGE;

C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE;

D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA.

(d)(i) All papers, records, and things required to be kept under this chapter must be open to inspection by the clerk during the hours the licensed premises are open for business, upon two days' written notice. The purpose of the inspections must be to determine whether the papers, records, and things meet the requirements of this chapter.

(ii) A live adult entertainment establishment must maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. This information must be open to inspection by the clerk during hours of operation of the business upon twenty-four hours' notice to the licensee.

(e) In order to ensure compliance with this chapter, all areas of a licensed live adult entertainment establishment that are open to a member of the public must be open to inspection by agents and employees of the jurisdiction during the hours the premises are open for business. The purpose of the inspections must be to determine if the licensed premises are operated in accordance with this chapter. Unannounced inspections are necessary to ensure compliance with this chapter.

(5) A live adult entertainment establishment may not be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

(6)(a) This chapter does not prohibit:

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

(ii) Classes, seminars, and lectures that are held for serious scientific or educational purposes and that are not obscene; or

(iii) Exhibitions, performances, expressions, or dances that are not obscene.

(b) The exemptions in (a) of this subsection do not apply to sexual conduct as defined in section 5 of this act or the sexual conduct described in RCW 7.48A.010(2)(b) (ii) and (iii).

NEW SECTION. Sec. 13. (1) A license issued under this chapter expires on the thirty-first day of December of each year. A license fee may not be prorated, except that if the original application is made subsequent to June 30th then one-half of the annual fee may be accepted for the remainder of the year. A license issued under this chapter is not assignable.

(2) Application for renewal of a license issued under this chapter must be made to the clerk no later than thirty days before the expiration for a live adult entertainment establishment license and no later than fourteen days before the expiration for live adult entertainment establishment manager's and entertainer's licenses. The clerk shall issue the renewal license in the same manner and on payment of the same fees as for an original application under this chapter. The clerk shall assess and collect an additional charge, computed as a percentage of the license fee, on an application not made on or before the date, as follows:

Days Past Due Percent of License Fee

7-30 25%

31-60 50%

61 and over 75%

(3) The clerk shall renew a license upon application: Unless the clerk is aware of a fact that would disqualify the applicant from being issued the license for which the applicant seeks renewal; and if the application complies with this chapter.

(4) The clerk shall provide written notice to the licensee of the decision to not renew the license. The notice must include the reason for the decision to not renew and inform the licensee of the right to appeal the decision to the designated hearing body.

NEW SECTION. Sec. 14. (1) The clerk may, upon the recommendation of the chief law enforcement officer of the jurisdiction or the chief law enforcement officer's designee and as provided in subsection (2) of this section, suspend or revoke a license issued under this chapter:

(a) If the license was procured by fraud or false representation of fact;

(b) For the violation of, or failure to comply with this chapter by the licensee or by the licensee's servant, agent, or employee when the licensee knew or should have known of the violation committed by the servant, agent, or employee; or

(c) For the conviction of the licensee of a crime or offense involving prostitution, promoting prostitution, a liquor law violation, a transaction involving a controlled substance, as defined in chapter 69.50 RCW, or a violation of chapter 9.68A RCW, committed on the premises, or the conviction of the licensee's servant, agent, or employee of a crime or offense involving prostitution, promoting prostitution, a liquor law violation, a transaction involving a controlled substance, as defined in chapter 69.50 RCW, or a violation of chapter 9.68A RCW, committed on the premises in which the licensee's live adult entertainment establishment is conducted when the licensee knew or should have known of the violations committed by the servant, agent, or employee. A license may be suspended or revoked under this subsection only if the conviction of the crime or offense occurred within twenty-four months of the date of the decision to suspend or revoke the license.

(2) The clerk shall revoke a license procured by fraud or misrepresentation. If another violation of this chapter or other applicable ordinance, statute, or regulation is found, the license must be suspended for thirty days upon the first violation, ninety days upon the second violation within a twenty-four-month period, and revoked for a third and subsequent violation within a twenty-four-month period, not including a period of suspension.

(3) The clerk shall provide at least ten days' prior written notice to the licensee of the decision to suspend or revoke the license stating the reasons for the decision to suspend or revoke. The notice must inform the licensee of the right to appeal the decision to the designated hearing body and must state the effective date of the revocation or suspension. A licensee who wishes to appeal the clerk's decision must file a notice of appeal with the clerk within ten days of the date of the clerk's notice of the decision to suspend or revoke the license. The hearing must be conducted within forty-five days of the filing of the notice of appeal under the rules and procedures established by the jurisdiction. The hearing body shall render its decision within fifteen days following the close of the appeal hearing. A person aggrieved by the decision of the hearing body and wishing to appeal that decision must seek review in the superior court by filing a petition for writ of certiorari, prohibition, or mandamus within ten days of the date the decision by the hearing body was mailed to the applicant. The decision of the clerk must be stayed during the pendency of an appeal under this chapter except as provided in subsection (4) of this section.

(4) If the building official or fire marshal of the local jurisdiction or the county health department finds that a condition exists upon the premises of a live adult entertainment establishment that constitutes a threat of immediate serious injury or damage to person or property, the official may immediately suspend a license issued under this chapter pending a hearing in accordance with subsection (3) of this section. The official shall issue a notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to person or property, and informing the licensee of the right to appeal the suspension to the designated hearing body under the same appeal provisions set forth in subsection (3) of this section. However, a suspension based on threat of immediate serious injury or damage may not be stayed during the pendency of the appeal.

NEW SECTION. Sec. 15. A license issued under this chapter is subject to rules of the Washington state liquor control board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the applicable rules of the Washington state liquor control board, the rules of the Washington state liquor control board control.

NEW SECTION. Sec. 16. A person violating this chapter is guilty of a misdemeanor.

NEW SECTION. Sec. 17. (1) A live adult entertainment establishment operated, conducted, or maintained in violation of this chapter or a law of the local jurisdiction or the state of Washington is unlawful and a public nuisance. The attorney for the local jurisdiction may, in addition to or in lieu of other remedies in this chapter, commence an action to enjoin, remove, or abate the nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as have jurisdiction to grant such relief as will abate or remove the public nuisance, and restrain and enjoin any person from operating, conducting, or maintaining a live adult entertainment establishment contrary to this chapter.

(2) A live adult entertainment establishment operated, conducted, or maintained contrary to chapter 7.48 RCW is unlawful and a public and moral nuisance and the attorney for the local jurisdiction may, in addition to or in lieu of other remedies in this chapter, commence an action to abate, remove, and enjoin the public and moral nuisance, or impose a civil penalty, in the manner provided by chapter 7.48A RCW.

NEW SECTION. Sec. 18. The remedies found in this chapter are not exclusive and a jurisdiction may seek other legal or equitable relief, including but not limited to enjoining an act or practice that constitutes or will constitute a violation of a business license ordinance or other regulation in this chapter.

NEW SECTION. Sec. 19. This chapter may not be construed to prevent a city, town, or county from adopting a different regulatory scheme for live adult entertainment establishments, whether more or less restrictive than this chapter.

NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 21. Sections 1 through 20 of this act constitute a new chapter in Title 18 RCW.