5.48.020 Definitions.
Unless the context clearly requires otherwise, the definitions of this section apply throughout this chapter.
“Adult arcade” means a place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, digital reproductions, video or laser discs players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the image so displayed is distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas or otherwise characterized by prominent emphasis on performance involving nudity or sexual conduct.
“Adult arcade device,” sometimes also known as “panorama,” “preview,” “picture arcade,” or “peep show,” means any device which, for a payment of a fee, membership fee, or other charge, is used to exhibit or display a picture, view, film, videotape, live show or other graphic display of “specified anatomical areas.” All such devices are denominated under this chapter by the term “adult arcade device.” The term “adult arcade device” as used in this chapter does not include games which employ pictures, views or video displays or gambling devices regulated by the state of Washington or by other provisions of this code.
“Adult arcade station or booth” means enclosures where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live entertainment show. “Adult arcade station or booth” shall also refer to the area in which an adult arcade device is located and from which the adult arcade picture, view, live entertainment show or graphic display is to be viewed. The words “adult arcade station or booth” do not mean such enclosures that are private offices used by owners, managers, or persons employed on the premises for attending the tasks of their employment, which enclosures are not held out for the patron or members of the public for use, for hire or for a fee for the purpose of viewing the entertainment provided by the arcade device or live entertainment show, and are not open to any persons other than employees.
“Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment that, as its primary purpose, offers for sale or rental for any form of consideration one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
For the purpose of this definition, the term “primary purpose” shall mean the business purpose that constitutes fifty percent or more of the stock in trade of a particular business establishment. The city clerk shall determine that the stock in trade of a particular business establishment exceeds this threshold if either: (a) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (b) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.
“Adult booth” means a separate booth inside an adult entertainment establishment accessible to any person, regardless of whether a fee is charged for access. The term “adult booth” includes, but is not limited to, a “peep show” booth or arcade, or other booth used to view adult material. The term “adult booth” does not include a foyer through which any person can enter or exit the establishment or a rest room.
“Adult cabaret” means any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public.
“Adult entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing 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 wearing any device or covering exposed to view which simulates the appearance of 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; or
2. Any exhibition, performance or dance of any type conducted in a premises where such 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:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such 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 such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
“Adult material” means one or more of the following, regardless of whether it is new or used:
1. Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videotapes, video cassettes, slides, computer digital graphic recordings, or other visual representations, tape recordings, disks or other audio matter which have as their primary or dominant theme matters depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or
2. Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona fide birth control devices.
“Adult motel” means a hotel, motel, or similar commercial establishment that:
1. Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from a public right-of-way that advertises the availability of this adult type of photographic reproductions;
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
“Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction of specified sexual activities or specified anatomical areas.
“Adult theater” means a theater, concern, hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or seminudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
“Applicant” means a person or persons applying for a license under this chapter.
“Department” means the office of the city clerk, which retains responsibility for issuing licenses pursuant to this chapter.
“Department head” means the city clerk.
“Employee” means a person who performs a service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of the business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
“Entity” means any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for-profit and not-for-profit organization by whatever name, title or description.
“Escort” means any person who, for commercial or pecuniary gain, compensation or tips, agrees to, offers to go, or goes to any place, including, but not limited to, a business, hotel, motel, residence, boat, vessel, motor vehicle, or other mode of transportation to do any of the following acts:
1. Act as a companion or date for, or converse with a customer;
2. Engage in commercial bodily contact with another person;
3. Engage in a private performance;
4. Engage in adult modeling or act as an adult model;
5. Display specified anatomical areas, strip naked, or go topless; or
6. Engage in any specified sexual activity.
Nothing in this definition shall be construed to legalize prostitution or other conduct prohibited by this code or other law. Workers of a licensed adult performance establishment for whom worker records are maintained pursuant to this chapter are excluded from the definition of escort when engaged in the expressive display of specified anatomical areas at a licensed adult performance establishment.
An escort who is a paid employee-type worker of an escort service for whom taxes and social security payments are withheld and paid by the escort service, and who is not an independent contractor, is not required to obtain his or her own sexually oriented business license for activities conducted pursuant to employment with the escort service.
“Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
“Escort service” means a person, business, establishment, or place operated for commercial or pecuniary gain, which advertises as an “escort,” “escort service” or “escort agency” or otherwise offers or advertises that it can furnish escorts, a private performance, or adult models; or offers or actually provides, arranges, dispatches, or refers workers or themselves to act as an escort or engage in a private performance for a customer. “Escort service” shall not include a bona fide dating or matching service which arranges social matches or dates for two persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting or date is not an escort service.
“Establishment” means any place, site, or premises, or portion thereof, upon which any person, corporation, or business conducts activities or operations for commercial or pecuniary gain including, but not limited to, any place, site or premises from where an escort service dispatches or refers workers to other locations or at which an escort service receives business calls from customers.
“Interest” means the interest possessed by a person when the person, or the person’s marital community, owns and operates, manages, or conducts, directly or indirectly, the sexually oriented business, or a part of it amounting to a substantial interest similar to that of an owner or leaseholder.
“Licensee” means any person, corporation, partnership, or other entity whose application for an adult entertainment establishment or sexually oriented business license has been granted and any person, corporation, partnership or other entity who owns or operates or controls the establishment or business.
“Manager” means a person who manages, directs, administers, or is in charge of the affairs or conduct of a portion of an activity within a sexually oriented business, and includes assistant managers working with or under the direction of a manager to carry out these purposes.
“Manager’s license” means a license issued by the department under this chapter to a manager of a sexually oriented business.
“Nude model studio” means a place where a person appears seminude, nude, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” does not include:
1. A proprietary school licensed by the state of Washington;
2. A college, junior college, or university supported entirely or in part by public taxation;
3. A private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
4. A place housed in a structure:
a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing;
b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
c. Where no more than one nude or seminude model is on the premises at one time.
“Nudity” or a “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or anal cleavage with less than a full opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
“Operator” means any person who engages in or performs any activity which is necessary to or which facilitates the operation of a sexually oriented business or an adult entertainment establishment including, but not limited to, the licensee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist, attendant or supervisor.
“Own or operate” means a person has a substantial ownership and operational interest in a sexually oriented business.
“Patron” means any customer, club member, or person other than a worker or performer who is invited or otherwise admitted to a sexually oriented business for the purpose of viewing adult entertainment or otherwise obtaining adult materials.
“Performer” means a person who provides entertainment on the premises of a sexually oriented business during which the person exposes specified anatomical areas or performs specified sexual activities, whether or not a fee or other consideration is charged or accepted for the entertainment.
“Performer’s license” means a license issued by the department under this chapter to a performer or entertainer in a sexually oriented business.
“Person” includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and any and all other similar entities and all officers, directors and principal stockholders of such associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations or other similar entities.
“Seminude” or “seminude condition” means the showing of the female breast below the top of the areola or the showing of the male/female buttocks.
“Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
“Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Notwithstanding any other provision of this chapter, “adult arcade,” “adult cabaret” and “adult theater” do not include:
1. A public library;
2. A theater or performing arts institute that presents a play, opera, musical, dance or other dramatic works that are not distinguished or characterized by prominent emphasis on nudity or sexual conduct; or
3. An educational institution administered, licensed or recognized as a public or private educational institution by the state of Washington that provides a modeling session or other class or seminar depicting nudity or sexual conduct.
“Sexually oriented business license” means a license issued by the city clerk under this chapter to a sexually oriented business.
“Specified anatomical areas” means:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, or buttocks or a female breast below a point immediately above the top of the areola.
“Specified criminal activity” means an offense for prostitution or promotion of prostitution; dissemination of obscenity, sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offense to those described in this subsection under the criminal or penal code of this or other states or countries for which:
1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed shall not affect the disqualification of the applicant under this section.
“Specified sexual activities” means any of the following:
1. The fondling or other touching of the human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) of this definition.
“Substantial enlargement of a sexually oriented business” means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the effective date of the ordinance codified in this section.
“Transfer of ownership or control” of a sexually oriented business means any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
“Worker” means a person who works, performs, or provides services at an adult entertainment establishment or at or for a sexually oriented business, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contractors, subcontractors, lessees, or sublessees who work or perform at an adult entertainment establishment or at or for a sexually oriented business. An operator is a type of worker. (Ord. 029/2003)