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A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space a film, video cassette, other video or digital reproduction, or live entertainment which depicts specified sexual activities or exposes specified anatomical areas, shall comply with the following requirements:

A. Business License and Configuration of Premises.

1. A sexually oriented business license for the premises containing the adult arcade or viewing room shall be obtained pursuant to this chapter. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all arcade devices or viewing rooms for live entertainment, one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2. No alteration in the configuration of the adult arcade or viewing room premises may be made without the prior written approval of the city.

3. All adult arcade stations or booths must be open to an adjacent public room so that the area inside is visible to persons in the adjacent public room from a point within two feet of the entrance into the adjacent public room. No adult arcade station, booth, or viewing area may be obscured by any curtain, door, wall, or other nontransparent enclosure. The words, “open to an adjacent public room so that the area inside is visible to persons in the adjacent public room” means that there must be a direct line of sight to persons in the adjacent public room from a point within two feet of the entrance into the adjacent public room. No adult arcade station, booth or viewing area may be obscured by any curtain, door, wall, or other nontransparent enclosure. There may be no door, curtain, partition or other device extending from the floor to the top of the doorframe with the exception of a door which is:

a. Completely transparent, and

b. Constructed of safety glass as specified in the applicable building codes such that the activity and occupant inside the enclosure may be clearly and easily viewed or seen by persons outside the enclosure from a point within two feet of the entrance into the adjacent public room.

4. The unobstructed view into the adult arcade booths or stations from the adjacent public room by direct line of sight must remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times.

5. It is the continuing duty of the sexually oriented business licensee and/or adult arcade owner, their agents, and sexually oriented business manager and/or adult arcade manager to ensure that the premises and adult arcade devices comply with the criteria set out in this chapter and to ensure that the adult arcade station or booth remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.

6. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms.

7. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be in direct line of sight from the manager’s station.

8. Restrooms may not contain video reproduction or other image-projection equipment, or electronic sound transmission or reproduction equipment.

9. No adult arcade station or booth may be occupied by more than one person at a time.

10. Sufficient lighting shall be provided and equally distributed throughout the public area of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux semicylindrical measured at thirty inches from the floor on ten-foot centers is hereby established for all areas of the adult arcade premises where members of the public are admitted, including the interior of the adult arcade stations or booths.

11. It shall be the duty of the licensees to ensure that the illumination described above is maintained at all times that the premises are open for business.

12. No licensee shall allow openings of any kind to exist between viewing rooms or booths. A permanently affixed ventilation cover must cover all ventilation devices between the adult arcade booths. Such ventilation holes with permanently affixed covers may only be located one foot from the top of the booth walls and/or one foot from the bottom of the booth walls.

13. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

14. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

15. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleaned surfaces, with no rugs or carpeting.

16. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

17. No steps or risers are allowed in any adult arcade booth or station.

18. There must be permanently posted and maintained in at least two conspicuous locations on the interior of every adult arcade premises a sign stating substantially the following:

Occupancy of any station or booth is at all times limited to one person. There may be no acts of lewd conduct as defined in MMC 9.06.010 in the stations or booths or on the premises. Violators are subject to criminal prosecution under the Monroe Municipal Code.

Each sign must be conspicuously posted and not screened from the patron’s view. The letters and numerals must be on a contrasting background and shall be no smaller than three-quarters of an inch in height.

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

20. No patron, member or customer is permitted access to any area of the premises that has been designated as an area in which patrons, members, or customers will not be permitted.

21. There may be no acts of lewd conduct as defined in MMC 9.06.010 in the adult arcade stations or booths or on the premises of the sexually oriented business where the adult arcade devices are located.

22. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers or any other persons occupying adult arcade stations or booths located on the premises that police officers or city/county health, fire, licensing, community development official or building inspectors, or their designees are approaching or have entered the premises.

23. No person under the age of eighteen years may be on or within an adult arcade premises.

B. Manager on Premises of Adult Arcade or Viewing Room Premises.

1. A manager shall be present on the adult arcade or viewing room premises at all times that the premises is open for business. All persons acting as managers or assistant managers must be qualified and licensed pursuant to MMC 5.48.050.

2. It is the duty of the licensee of the premises to ensure that at least one licensed manager is on duty and situated at each manager’s station within the public room adjacent to the adult arcade stations or booths at all times that the premises is open for business.

3. When a manager is on duty, he or she shall have his or her sexually oriented business manager’s license conspicuously displayed at the same location as the sexually oriented business license as required under this chapter.

C. Gross Misdemeanor Offense Committed. A person having a duty under subsections (A)(2) through (A)(23), (B)(1) through (B)(3) or (D) of this section commits a gross misdemeanor if he/she knowingly fails to fulfill that duty. Each separate day or any portion thereof during which any violation of any such provision occurs or continues shall be deemed a separate and distinct offense.

D. Adult Arcade Device License Required.

1. It is a gross misdemeanor to exhibit or display for public use any adult arcade device upon any premises without first having obtained a license for each such device, to be designated an “adult arcade device license.”

2. Adult arcade device licenses shall be issued for specific adult arcade devices in specific sexually oriented business premises only. Adult arcade devices shall not be exhibited or displayed for public use at any premises which is not licensed as a sexually oriented business pursuant to this chapter.

3. The current adult arcade device license shall be securely attached to each such device in a conspicuous place.

4. Any person seeking an adult arcade device shall file a written application with the department on a form provided and adopted for that purpose by the department. All applications for an adult arcade device license shall be submitted in the name of the person or entity proposing to operate or own the device and shall be signed by such person. All application forms shall require the following information and accompanying documents:

a. The name, home address, home telephone number, date of birth, and any aliases or stage names of the applicant, and proof that the applicant is eighteen or more years of age.

b. The business name, address and telephone number of the sexually oriented business premises where the adult arcade device is to be located.

c. If a person who wishes to operate an adult cabaret device is an individual, that person must sign the application for the license as applicant. If a person who wishes to operate an adult arcade device is other than an individual, each individual who has a significant operational interest in the adult cabaret device must sign the application for a license as applicant.

5. Prior to the issuance of an adult arcade device license, the sexually oriented business premises and adult arcade device must be inspected and found to be in compliance with the law by the department or the department’s designee.

6. An adult arcade device license must be issued within thirty days from filing of the application unless one of the following findings is true:

a. The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

b. The applicant is under the age of eighteen years;

c. The applicant has been convicted within the past two years of a misdemeanor offense involving a specified criminal activity; within the past five years of a felony offense involving a specified criminal activity; or within the past five years of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period involving specified criminal activities;

d. The adult arcade device license is to be used for a device in a business prohibited by applicable regulations or otherwise prohibited by this chapter;

e. The applicant for an adult arcade device license has had a sexually oriented business, manager’s, or performer’s license or adult arcade device license revoked by a municipality within two years of the date of the current application;

f. The applicant has been denied a license by the department or by another municipality to operate a sexually oriented business or adult arcade device within the preceding twelve months for any reason other than a “specified criminal activity” as set out above in subsection (D)(6)(c) of this section or whose license to operate a sexually oriented business or adult arcade device has been revoked by the department or a city or county within Washington State within the preceding twelve months;

g. The license fee for the adult arcade device license has not been paid;

h. The adult arcade device or the sexually oriented business premises where it is located have not been approved by the department or its designee as being in compliance with applicable laws and ordinances; or

i. The sexually oriented business premises has had its business license denied, suspended or revoked by the department.

7. The adult arcade device license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult arcade premises for which it is granted.

8. If an application for an adult arcade device license is denied, the applicant may not file additional applications for license pertaining to the same sexually oriented business premises until the original denial has been fully adjudicated.

E. Adult Arcade Device License Fees, Term, Assignment, and Renewals.

1. Unless canceled sooner, every adult arcade device license issued by the department expires December 31st of the fiscal year for which it was issued. However, if the department deems it feasible and desirable to do so, it may establish a system for staggering the annual renewal dates for sexually oriented business licenses. If the department establishes a system of staggered annual renewal dates, the adult arcade device license fees provided by this chapter must be appropriately prorated during the first year that the system is in effect.

2. Except as provided below, all license fees shall be payable on an annual basis and shall not be refundable. Annual license fees for adult arcade device licenses shall be established by the city council by periodic resolution.

3. Adult arcade device licenses shall not be assigned or transferable to other adult arcade device licenses, sexually oriented business premises, or adult arcade devices.

4. Applications for renewal of adult arcade device licenses issued under this chapter shall be filed with the department at least thirty days before the expiration date in the same manner as the original application, providing the department with current information and accompanied by payment of fees that are in effect for a renewal application for the adult arcade device license. If the application for renewal of the license is made less than thirty days before the expiration date, the original rate rather than the renewal rate will apply.

5. If, subsequent to the issuance of an adult arcade device license, any person or entity acquires a significant operational interest in the adult arcade device, notice of such acquisition shall be provided in writing to the department within thirty days of acquisition of the interest.

F. Suspension of Adult Arcade Device License.

The department shall suspend any adult arcade device license issued pursuant to this chapter for a period of time not to exceed thirty days where one or more of the following conditions exist:

1. The building, structure, equipment, operation or location of the sexually oriented business containing the adult arcade device does not comply with the requirements of this chapter.

2. The sexually oriented business licensee or adult arcade device licensee or their agent(s) has refused to allow an inspection of the premises or adult arcade device as authorized by this chapter.

3. The adult arcade device licensee, sexually oriented business licensee, or their agent or manager has violated or knowingly permitted any violation of any provisions of subsections (A)(2) through (A)(23) or (B)(1) through (B)(3) of this section.

G. Revocation of License.

1. The department shall revoke an adult arcade device license if:

a. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the department, or

b. A cause of suspension in subsection (F) of this section occurs and the license has been suspended within the preceding twelve months.

2. When the department revokes an adult arcade device license, the revocation shall continue for one year and the licensee shall not be issued a license for an adult arcade device for one year from the date revocation became effective. If, subsequent to revocation, the department finds that the basis for the revocation was abated or corrected, the applicant may be granted a license if at least ninety days have elapsed since the date revocation became effective.

H. Hearings. An action, order, or decision of the department as to a denial of an application for the issuance or renewal of an adult arcade device license or as to a revocation, suspension or modification of such a license is subject to the applicable provisions of Chapter 5.02 MMC. Any appeal to the hearing examiner shall be promptly scheduled for hearing within sixty days from receipt of the notice of appeal.

I. Civil Remedies. The violation or failure to comply with or perform any duty within the provisions of subsections (A) and (B) of this section, or the operation of an adult arcade device without a valid adult arcade device license, is declared to be unlawful and a public nuisance. The city may seek legal or equitable relief to enjoin any act or practice that constitutes or will constitute a violation of any regulation herein adopted.

J. Code Violations and Enforcement. The remedies provided herein and under this chapter for violations or failure to comply with provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law.

K. Conflicting Sections or Provisions. In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the city code, the sections and provisions of this chapter govern and supersede those set forth elsewhere.

L. Time Frame for Compliance of Nonconforming Adult Arcade Devices or Premises. Any adult arcade premises lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of the configuration or operational requirements of this chapter is a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed twenty-four months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses may not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

M. Suspension of Sexually Oriented Business License and Sexually Oriented Business Manager’s License – Additional Grounds.

1. Violation of any of the provisions of subsections (A)(2) through (A)(23) or (B)(1) through (B)(3) of this section, or operation of an adult arcade device without a valid adult arcade device license, may be grounds for suspension of the sexually oriented business license for the premises where the adult arcade device is located, pursuant to this chapter.

2. Violation of any of the provisions of subsections (A)(2) through (A)(23) or (B)(1) through (B)(3) of this section, or operation of an adult arcade device without a valid adult arcade device license, may be grounds for suspension of the license of the sexually oriented business manager who knowingly failed to ensure compliance with any such provisions, pursuant to this chapter. (Ord. 029/2003)