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A. License Required. It is unlawful for a person to own, operate or act as the agent for one who owns or operates a sexually oriented business in the city unless the person has obtained a sexually oriented business license under this chapter.

B. It is unlawful for a person to manage or act as the agent for one who manages a sexually oriented business in the city unless the person has obtained a manager’s license under this chapter.

C. It is unlawful for a performer to appear nude or seminude, or to expose his or her specified anatomical areas, in a sexually oriented business or to engage in specified sexual activities in a sexually oriented business in the city unless the performer has obtained a performer’s license under this chapter.

D. It is unlawful for a person who operates a sexually oriented business to employ or allow a person to work as a manager for the sexually oriented business who is not licensed as a sexually oriented business manager under this chapter.

E. It is unlawful for a person who operates a sexually oriented business to employ or allow a person to work as a performer for the sexually oriented business who is not licensed as a sexually oriented business performer under this chapter.

F. It is unlawful for a person issued a manager’s or performer’s license to allow another person to use the license to either manage a sexually oriented business or perform in a sexually oriented business in the city.

G. It is unlawful for a person to knowingly allow a person under the age of eighteen years on the premises of a sexually oriented business.

H. It is unlawful to cause or permit the operation, establishment or maintenance of more than one sexually oriented business in the same building structure, or portion thereof, or to increase the floor area of a sexually oriented business in a building structure, or portion thereof, containing other sexually oriented businesses.

I. It is unlawful for a person to operate or cause to be operated a sexually oriented business in any zoning district other than general commercial and light industrial as defined in and described by the city’s zoning code and as authorized in MMC 5.48.090.

J. Violation of the above-referenced crime and any other section of this code designated as unlawful behavior is a misdemeanor.

K. If a person is convicted of any of the above offenses, then that person will be denied a license for a sexually oriented business in the future subject to MMC 5.48.080.

L. It is a defense to prosecution under this section, except for subsection (G) of this section, that a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school licensed by the state of Washington or a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:

a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

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 model is on the premises at one time. (Ord. 029/2003)