BP BHEAD INT S [atlas:bill]

AN ACT Relating to live adult entertainment; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. PURPOSE. The purpose of this chapter is to prevent the adverse secondary effects of live adult entertainment in and around the facilities where it is conducted. This chapter provides a comprehensive compilation of uniform laws for licensing and regulating conduct in such establishments. The purpose of these uniform laws is to serve as a guide for local authorities to adopt in whole or in part, including all future amendments. The legislature does not intend to infringe upon any protected rights of expression or deny any local authority its legislative power.

NEW SECTION. Sec. 2. DEFINITIONS. For the purposes of this chapter:

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

(2) "Applicant control person" means all partners, corporate officers, directors, and any 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.

(3) "Clerk" means such employees or agents of the jurisdiction as are designated to administer this chapter.

(4) "Employee" means all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any live adult entertainment establishment.

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

(6) "Live adult entertainment establishment" means any commercial premise to which any member of the public is invited or admitted that regularly, or as a substantial part of the premise activity, features: (a) Exhibition, performance, or dance involving persons who appear seminude or nude; or (b) exhibition, performance, or dance that is characterized by sexual activities.

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

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

NEW SECTION. Sec. 3. LICENSE REQUIRED. (1) It is unlawful to conduct or operate a live adult entertainment establishment without a valid license issued under this chapter.

(2) It is unlawful for a manager to work in a live adult entertainment establishment without a valid license issued under this chapter.

(3) It is unlawful for an entertainer to perform in a live adult entertainment establishment without a valid license issued under this chapter.

(4) It is unlawful for an entertainer, employee, or manager knowingly to work in or about, or knowingly to perform any service or entertainment directly related to, the operation of an unlicensed live adult entertainment establishment.

NEW SECTION. Sec. 4. LICENSE PROHIBITED TO CERTAIN CLASSES. No license may be issued to:

(1) A natural person who has not attained the age of twenty-one years, except that licenses may be issued to persons who have 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 such manager or agent has obtained a manager's license;

(3) A partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof;

(4) A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof.

NEW SECTION. Sec. 5. APPLICATIONS. (1) All applications for a live adult entertainment establishment license shall 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 shall be signed by the applicant and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the jurisdiction, which shall require the following:

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

(b) For a general or limited partnership, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process;

(c) For a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process;

(d) Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar live adult entertainment or sexually oriented business, including motion picture theaters and panorams, from the jurisdiction or another city, county, or state, and if so, the names and addresses of each other licensed business;

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

(f) For the applicant and all applicant control persons, all criminal convictions or forfeitures within five years immediately preceding the application date, other than parking offenses or minor traffic infractions including conviction dates, nature of the crime, disposition, court name, and location;

(g) 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;

(h) Authorization for the jurisdiction, its agents, and employees to seek information to confirm any statements set forth in the application;

(i) The location and doing‑business‑as name of the proposed live adult entertainment establishment, including a legal description of the property, street address, telephone number, and the name and address of each owner and lessee of the property;

(j) 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;

(k) 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;

(l) 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 shall be clearly marked on the drawing. An application for a license for a live adult entertainment establishment shall include building plans that demonstrate conformance with the jurisdiction's building code requirements.

(2) An application shall be deemed complete upon the applicant's provision of all information requested in subsection (1) of this section, 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.

(3) A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

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

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

(6) The live adult entertainment establishment 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 live adult entertainment establishment. The permit shall be posted in a conspicuous place at or near the entrance to the live adult entertainment establishment so that it can be easily read any time the business is open.

(7) No person granted a live adult entertainment establishment license pursuant to this chapter shall operate the live adult entertainment establishment under a name not specified on the license, nor shall any person operate a live adult entertainment establishment under any designation or at any 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 for their investigation and review to determine compliance of the proposed live adult entertainment establishments with the laws and regulations that each department administers. Each department shall, within thirty days of such application date, inspect the application and premises and shall make a written report to the clerk whether such application and premises comply 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 are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any live adult entertainment establishment license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises has 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 the requirements of this chapter or other law in effect in the jurisdiction. A recommendation for denial shall cite the specific reason therefor, 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 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 live adult entertainment establishment, 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 days of the filing date 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 days.

(10) No person may work as a manager, assistant manager, or entertainer at a live adult entertainment establishment without a manager's or entertainer's license from the jurisdiction. Each applicant for a manager's or entertainer's license shall complete an application on forms provided by the jurisdiction containing the information identified in this subsection. A nonrefundable application fee shall accompany the application. A copy of the application shall be provided to the law enforcement agency of the jurisdiction for its review, investigation, and recommendation. All applications for a manager's or entertainer's license shall be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application shall 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 business at which the applicant intends to work;

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

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

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

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

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

(v) Any other identification that the jurisdiction determines to be acceptable;

(d) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county, or state within five years immediately preceding the application date, 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 application date showing only the full face;

(g) Authorization for the jurisdiction, its agents, and employees to investigate and confirm any statements set forth in the application.

(11) Every entertainer shall provide his or her license to the live adult entertainment establishment manager on duty prior to his or her performance. The manager shall retain the licenses of the adult entertainers so as to be readily available for inspection by the jurisdiction any time during business hours of the live adult entertainment establishment.

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

(13) The clerk shall issue a live adult entertainment establishment manager or entertainer license within fourteen 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 license issuance requirements 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 citation to applicable laws.

(14) An applicant for a manager's and entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. The temporary license shall 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 days.

NEW SECTION. Sec. 6. LICENSE FEES. The jurisdiction shall fix license fees for live adult entertainment establishments, managers, and entertainers. Such license fees shall be based upon the costs to the jurisdiction to process and investigate license applications as well as to enforce the licensing provisions of this chapter.

NEW SECTION. Sec. 7. APPEAL. (1) Any person who wishes to appeal the action of the clerk in refusing to issue or renew any license issued under this chapter must file a notice of such appeal with the clerk. The notice must be filed within ten days of the date the notice of refusal to issue or renew was issued. A hearing body designated by the jurisdiction will hear the appeal. The hearing shall be conducted within thirty days of the filing of the notice of appeal. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing body. The hearing body shall render its decision in writing within fifteen days of the close of the appeal hearing.

(2) Any person who wishes to appeal a decision of the hearing body rendered under this section must seek review of that decision by filing a petition for a writ of certiorari, prohibition, or mandamus in the superior court. The petition must be made within ten days of the date the decision of the hearing body was mailed.

NEW SECTION. Sec. 8. STANDARD OF CONDUCT. The following standards of conduct must be adhered to by employees, entertainers, and customers of any live adult entertainment establishment 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 a live adult entertainment performance area.

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

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

(6) 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.

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

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

(9) 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.

NEW SECTION. Sec. 9. MANAGER'S DUTIES. The responsibilities of the manager of a live adult entertainment establishment shall include but are not limited to:

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

(2) The licensed manager on duty shall not be an entertainer.

(3) The manager or an assistant manager licensed under this chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance areas of the live adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to observe visually, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this chapter shall 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.

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

NEW SECTION. Sec. 10. PREMISE SPECIFICATIONS. (1) The performance area of the live adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas and shall be separated by a distance of eight feet from all areas of the premises to which members of the public have access.

(2) 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:

"THE LAWS OF THIS JURISDICTION REGULATE THIS LIVE ADULT ENTERTAINMENT ESTABLISHMENT.

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 ESTABLISHMENT EXCEPT IN THE LIVE ADULT ENTERTAINMENT PERFORMANCE AREA DURING BUSINESS HOURS.

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

(3) Doors to areas on the premises that are available for use by persons other than the owner, manager, their agents, or employees may not be locked during business hours.

(4) Sufficient lighting shall 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 hereby established for all areas of the live adult entertainment establishment where members of the public are admitted.

(5) Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager, or other person in charge of a live adult entertainment establishment knowingly to permit or allow any person under the minimum age specified to be in or upon such premises.

(6) 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, or anus may be visible outside the live adult entertainment establishment.

(7) It is unlawful for any live adult entertainment establishment to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

(8) 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 chapter.

(9) Each live adult entertainment establishment shall maintain and retain for 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 shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours' notice to the licensee.

(10) To insure compliance with this chapter all areas of licensed live adult entertainment establishments that are open to members of the public shall be open to inspection by agents and employees during the hours when the premises are open for business. The purpose of such inspections is to determine if the licensed premises are operated according to the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.

NEW SECTION. Sec. 11. LICENSE TERM. (1) There shall be no prorating of the license fees set forth in this chapter, and such licenses shall expire on the thirty‑first day of December of each year, except that if the original application is made after June 30th, then one‑half of the annual fee may be accepted for the remainder of the year. Licenses issued under this chapter are not assignable.

(2) Application for renewal of licenses issued under this chapter shall be made to the clerk no later than thirty days prior to the expiration of live adult entertainment establishment licenses, and no later than fourteen days prior to the expiration of live adult entertainment establishment, manager, and entertainer 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. There shall be assessed and collected by the clerk, an additional charge, computed as a percentage of the license fee, on applications not made on or before the application 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 facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter.

(4) The clerk shall provide written notice to the licensee of the decision not to renew the license. Such notice shall include the reason for the decision not to renew, inform the licensee of the right to appeal the decision to the designated hearing body, and shall state the effective date of such revocation or suspension.

NEW SECTION. Sec. 12. LICENSE SUSPENSION. (1) The clerk may, upon the recommendation of the chief law enforcement officer for the jurisdiction or his or her designee and as provided in subsection (2) of this section, suspend or revoke any license issued under this chapter at any time where such license was procured by fraud or false representation of fact; or for the violation of, or failure to comply with, this chapter by the licensee or by any of his or her agents or employees when the licensee knew or should have known of the violations committed by his or her agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, liquor law violations, or transactions involving controlled substances as defined in chapter 69.50 RCW or violation of chapter 9.68A RCW committed on the premises, or the conviction of any of his or her agents or employees of any crime or offense involving prostitution, liquor law violations, or transactions involving controlled substances as defined in chapter 69.50 RCW or violation of chapter 9.68A RCW committed on the premises in which his or her live adult entertainment establishment is conducted when the licensee knew or should have known of the violations committed by his or her agents or employees. The violations considered by the clerk as the basis for a decision to revoke or suspend must have occurred within twenty-four months, excluding suspension or revocation periods, before the date of the issuance of the written notice of the decision to revoke or suspend.

(2) A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes, or regulations are found, the license shall be suspended for thirty days upon the first such violation, ninety days upon the second violation within a twenty-four-month period, and revoked for third and subsequent violations within a twenty-four‑month period, not including periods 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. Such notice shall include the reason for the suspension or revocation, inform the licensee of the right to appeal the decision to the designated hearing body, and shall state the effective date of such revocation or suspension. A licensee who wishes to appeal the clerk's decision must file a notice of appeal within ten days of the date of the clerk's notice of the decision to suspend or revoke the license. The hearing shall be conducted within forty-five days of the filing of the notice of appeal under the rules and processes established by the jurisdiction. The hearing body shall render its decision within fifteen days following the close of the appeal hearing. Any person aggrieved by the hearing body's decision 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 of mailing of the decision by the hearing body. The decision of the clerk shall be stayed during the pendency of any appeal under this chapter except as provided in subsection (4) of this section.

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

NEW SECTION. Sec. 13. LIQUOR REGULATIONS. Any license issued pursuant to this chapter is subject to any rules or regulations of the Washington state liquor control board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington state liquor control board, the rules and regulations of the Washington state liquor control board shall control.

NEW SECTION. Sec. 14. NUISANCE DECLARED. (1) Any live adult entertainment establishment operated, conducted, or maintained in violation of this chapter or any law of the local jurisdiction or the state of Washington is declared to be unlawful and a public nuisance. The attorney for the local jurisdiction may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting, or maintaining a live adult entertainment establishment contrary to the provisions of this chapter.

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

NEW SECTION. Sec. 15. NONPREEMPTION. Nothing in this chapter may be construed to prevent a county, city, or town from adopting a different regulatory scheme for live adult entertainment establishments, whether more or less restrictive than the provisions contained in this chapter.

NEW SECTION. Sec. 16. AMENDMENTS. The addition of any new section to, amendment of, or repeal of, any section in this chapter by the legislature is deemed to amend any ordinance of any city, town, or county which has adopted by reference this chapter or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180 and 35A.12.140.

NEW SECTION. Sec. 17. ADDITIONAL ENFORCEMENT. The remedies found in this chapter are not exclusive, and the jurisdiction may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices that constitute or will constitute a violation of any business license ordinance or other regulations adopted under this chapter.

NEW SECTION. Sec. 18. VIOLATION. A violation of this chapter is a misdemeanor.

NEW SECTION. Sec. 19. SEVERABILITY. 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. 20. CAPTIONS. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 21. Sections 1 through 20 of this act constitute a new chapter in Title 19 RCW.