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Home My WebLink About031212_ra03 Regular Agenda 10:15 am JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator Stacie Hoskins, Department of Community Development (DCD) Interim Director & Planning Manager David Wayne Johnson, Associate Planner March 12,2012 Public Hearing on Sexually Oriented Business Licensing and Development Regulations FROM: DATE: SUBJECT: STATEMENT OF ISSUE: A Public Hearing will be held on March 12, 2012 to take public testimony on proposed siting and licensing regulations for Sexually Oriented Businesses (SOBs). Jefferson County is legally mandated to adopt development regulations allowing for the siting of Sexually Oriented Businesses within the County. To further protect the community from the negative impacts that can accompany those businesses, upon receiving siting recommendations from the Planning Commission, the County Commissioners directed staff to also develop licensing regulations to regulate the activities of SOBs, which could be adopted concurrently with siting regulations. To allow time to research and draft both the siting criteria/development regulations and licensing regulations, the County adopted temporary moratoria per RCW 36.70A.390. The most recent moratorium (Ord No. 03-1024-11) was adopted October 24, 2011 and expires Apri124, 2012. ATTACHMENTS: Proposed Title 18 development regulations Planning Commission Recommendation for MLA08-00257 Proposed Chapter 5.10 JCC ANALYSIS/STRATEGIC GOALSIPROS and CONS: Upon hearing testimony, the Board may deliberate and move to direct the preparation of adopting ordinances of the proposed siting regulations under JCC Title 18 and the proposed licensing regulations under Chapter 5.10, with or without amendments. Unless adopting ordinances can be enacted and signed before the expiration of the current moratorium on April 24, 2012, a new SOB moratorium would be necessary. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Applications for siting Sexually Oriented Businesses at the permit level will be paid by the applicant consistent with the county fee ordinance. Establishing licensing requirements for SOBs includes fees to be paid by the applicant to pay for the Sheriff's Department to review licensing applications and enforce SOB licenses. 1 Regular Agenda 10:15 am RECOMMENDATION: DCD recommends the Board of County Commissioners: 1. Consider public testimony and deliberate on proposed changes to JCC Title 18 and JCC Chapter 5.10. 2. Instruct Staff to submit through the consent agenda separate adopting ordinances for SOB siting (Title 18) and licensing regulations (Chapter 5.10) to be signed before the expiration of the current moratorium on Apri124, 2012. REVIEWED BY: ::If? 1'?'- tor Date 2 Regular Agenda 10:15 am To: Port Townsend & Jefferson County Leader LEGAL NOTICE Publish one (I) time: Wednesday, February 22, 2012 Please use 7-ooint font. Bill: Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, W A 98368 Customer #: 17385 Stacie Hoskins, Planning Manager, (360) 379-4450 Staff Contact: Date: February 17,20]2 NOTICE OF PUBLIC HEARING JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a public hearing on Monday, March 12, 2012 at 10:15 AM in the Board Chambers at the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. The purpose of the public hearing is to hear testimony regarding development regulations, licensing and operations pertaining to sexually oriented businesses. ' For further information, please contact Long-Range Planning, Dept. of Community Development, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4465. Date: 2/13/2012 John Austin, Chair 3 18.10.190 S definitions. IISale" means the conveyance for consideration of legal or beneficial ownership. "Salt water intrusionll means the underground flow of salt water into wells and aquifers. "Screening" means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees, or densely planted vegetation. "Seaward" means to or toward the sea. Seawater Intrusion. (See "Salt \\rater intrusion. I') "Seawater intrusion protection zone (SIPZ)" means aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. "Sedimentation" means the process by which material is transported and deposited by water or wind. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake. induced ground shaking, slope failure, senlement, or soil liquefaction. "Sensitive areas" associated with lee 18.20.345 Sexuallv Oriented Businesses includes: Schools. Day Care Facilities Libraries. Off-road nublic trails & oaths. Public indoor recreational facilities. Hosnitals. Parks & Playerounds. Places ofworshin (ic. churchcs), Community Centers, Senior Citizen Centers, Cemeteries, Residential neil!hborhoods. Master Planned Rcsorts. "Sensitive species" means species that could become threatened as classified by the State of Washington Department of Fish and Wildlife, Nongame Program, and the Department of Natural Resources, Washington Natural Heritage Plan. "Service area" means a geographic area defined by a county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area (e.g., an area identified by a public water system that includes the ability to provide a water tap). "Setback" means the distance a structure is placed behind a specified line or topographic feature. "Sewerage treatment facilities" means the management, storage, collection, transportation, treatment, utilization, and processing of sewage from a municipal or community sewage treatment plant, not including community drain fields. "Sexuallv Oriented Business" means I. Any exhibition. oerformance or dance conducted in an Sexually Oriented Business facility where such exhibition. oerformance or dance is distine:uished or characterized by a oredominant emohasis on matters deoictim!. describim!. or simulatine: any soecified sexual activities or any soecified anatomical areas: or 2. Any exhibition. Derformance or dance intended to sexually stimulate any catron and conducted in a Sexually Oriented Business facility where such exhibition ncrfonnancc or dance is Derformed for. arraneed with. or emmlled in with fewer than all natrons in the Sexuallv Oriented Business facilitv at that time with seDarate considcration Daid either directly or indirectl"" for such Derformance exhibition or dance. For numoses of examole and not limitation. such exhibitions. Derfonnances or dances are commonlv referred to as table dancin!! couch dancin!!. taxi dancinl!. laD dancim!. orivate dancinll or straddle dancin!!. 3. Sexuallv Oriented Retail Store meanin2 an enclosed buildin!!. or any DoTtion thereof which. for money or an\! other form of consideration. devotes a silIDificant or substantial oortion of stock in trade to the sale. exchan2e rental loan. trade. transfer or vie\'Y'ine: ofsexuallv oriented materials, For Dumoscs ofthis definition. a retail store devotes a sienificant or substantial Danian of its stock in trade to sexually oriented materials if the sale. exchanl!e. rental. loan, trade. transfer or viewin!! of such sexually oriented materials is c1earl\! material to the economic viability of the business. It is rebuttably oresumed that such sexuallv oriented materials are clearly material to the viabilitv of the business if sexually oriented materials accounts for: 1. Twenty-five Dercent or more of the retail dollar value of l!ross sales oyer any auarterlv oeriod: 2. Twenty-five Dercent or more of the floor area ofthe storc oocn to the Dublic: 3. Twenty-five Dercent or more ofthe retail dollar value o[all merchandise disDlaved in the storc' 4. Twentv.five Dercent or more of the store's inventorv (whether measured bv retail dollar value or number of items): or 5. Twenty-five oercent or more of the store's stock in trade. In no eyent shall a retailer whose transactions only incidentallv or mar!!inallv relate to sexuallv oriented materials be considered a sexuallv oriented retail store. 4. Also see lee 5.10.030 for a more comolete list of definitions. "Shooting range" means a facility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry. "Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended. "Shoreline Master Program (SMP)" means the Jefferson County Shoreline Master Program. .-< '" , OJ N'l '" OJ :;:) :0 ""C '" ~ t- :..c o ... ..c: q e Lfl "- .-< o:i -g .-< '" U ""C U OJ ~ ;: .2 ;:;: ~I ~I K.lJ'V q,un.l~ UVtiJ:l "u " 0" au at! 't.)oll'ltIlLJOd pUll....aNllUllJl "- "- ~ ~ U U " " " " en ~ 0 0 c 0 0 ~ 0 0 0 0 0 c 0 c UU!IR.1.J.J.lllltUllll.l.U.b.J.ld '~'1.J"(1 Z, Z Z Z Z Z Z Z Z Z Z Z Z ~ 0 0 0 . 0 0 0 0 0 0 0 c 0 0 .\.'..)11 " 11'IfJl\OlttJl z, Z Z ,. Z Z Z Z Z Z Z Z Z Z --- (".1,.q~211)UR.1u.l:\IfI1Q) ~I ~ " . 0 0 0 0 0 0 " " c 0 0 " :kaf-J nanJnulIIl\1/f1t!-lI'lo n)tu Ilq~n ,. ,. ,. Z Z Z Z Z Z ,. ,. Z Z - ~I . " ~ 0 0 c 0 0 0 ~ 0 c 0 (.UOJ U.lI~)) fE!JI'lo npu I nJ~n " " ,. ,. Z Z Z Z Z Z Z Z Z >-- (.hU:J U')I~)} ~ ~ " 0 0 c 0 0 c ~ " 0 0 UI 0 " 1~!.U'KUUIU.)/P:!JI...nIMJ 1.l{~!'I ,. ,. ,. Z Z Z Z Z Z ,. ,. Z Z ~ ~I 0 0 c c 0 c 0 0 c 0 0 0 0 II:P....l1pull),)~a""\,unj~,]lI Z Z Z Z Z Z Z Z Z Z Z Z Z ~ . ~ . ~ 0 " . . " . 'ICUJIIt\lJ.J.) 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(2) The application of sewage sludge and septage to land for disposal or for fertilization is subject to approval by the Jefferson County board of health, or its designee, and state approval requirements. lOrd. 8-06 ~ 1J (2) Sexuallv Oriented Businesses (also see JCC 5.10) Sexuallv Oriented businesses (SOB) shall be located at least 1.000 feet from anv sensitive site (see JCC 18.10.190 for definitions). SOBs with live performances must be located 1.000 feet from the propertY line of (a) anv business selling alcoholic drinks (b) anv other SOB Shall meet standards under JCC 18.20.140 Commercial uses - Standards for site develooment 18.20.345 (I) (3) 18.20.350 Small-scale recreation and tourist uses. (I) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversifY the economy of rural Jefferson County by utilizing the county's abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Aerial recreational activities such as balloon rides, glider and parachute events; (b) Animal preserves and game farms; (c) Equestrian centers, on parcels 10 acres or larger in size; (d) Campgrounds and camping facilities; ( e) Commercial fishing ponds; (1) Cultural festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (h) Model hobby parks and sites on parcels 10 acres or larger in size; (i) Outdoor recreational equipment rental andlor guide services; U) Outdoor shooting and archery ranges; (k) Private hunting or fishing camps; (I) Public display gardens; (m) Recreational off-road vehicle (ORY) and all terrain vehicle (A TV) parks and recreational areas on parcels 20 acres or larger in size; (n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size; (0) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size; (p) Rural restaurants, only when associated with a primary recreational or tourist use; and (q) Rural recreational lodging or cabins for overnight rental on parcels] 0 acres or larger in size. (2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above may be classified as small-scale recreational and tourist uses by the administrator, subject to the provisions of this section, upon documentation by the applicant that the proposed use is dependent upon a particular rural location or setting and is consistent with the intent and application ofRCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan. o '" <t Q) C! :g 00 .-i -c Q) 00 .t: .-i ..c U .s:::. U 0 ~ ~ 0.. -c <:: '" ~ ..c '" ~ o <l: .-i <I: en Q) ..c '" f- . " .~ Q ~ = '0 = " ~ = " - .., ~ '" = - '" = = ~ Oi -0 = ;; :i! 1: = .. ." = = " " ." = ~ ." " :c :c , E ~~!l <:.0 c '" :E'l~ = " i-:E; = = .: ;;: - :c :: ." :c = .. " ~ = ] ~ - ~= :i~ = = =." -e = ~- ~ - .:.c .c:.! ::1:._ c . . = =." 'l'l,)._ -EQ!l " " ] " . ." ';;' . " " = - ~ ,,~ ::>:= = -"'~ ";::52 ; Q :; '" " - " ~. ~"; c-.: = f .s~ = . =" ~ " " ]- c.:!! 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JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4450 Planning Commission Recommendation for MLAOS-00257 UDC Text Amendment For Sexually Oriented Businesses: Revised Recommendation with Findings and Conclusions To: Board of County Commissioners. Chair John Austin; Department of Community Development, Director AI Scalf; and Interested public of Jefferson County Date: February 2, 2011 Attached: 1) Guidance to Create Findings for MLA08-00257 - Sexually Oriented Businesses (SOBs) 2) Proposed Text for JCC Chapter 18.10 Definitions 3) Proposed Text for JCC Chapter 18.15 Allowed and Prohibited Uses 4) Proposed Text for JCC Chapter 18.20 Performance Standards 5) Proposed Text for JCC Chapter 18.18 IrondalelPort Hadlock Allowed and Prohibited Uses The Plannina Commission is classed to submit our UDC Text Amendment recommendation to the Board of Countv Commissioners for review. The Planning Commission has worked diligently to review and deliberate the application for an amendment to the Unified Development Code (UDC) Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses. 15.20 Performance Standards. 18.18lrondaleIPort Hadlock Allowed and Prohibited Uses in an effort to provide guidance to the Board on this effort to amend the UDC. We recognize the hard work of DCD Staff in preparing the application and the Staff Report, and we support their proposal for amendments to the Unified Development Code. In an earlier version of this recommendation dated June 2, 2010, The Planning Commission also recommended creation of a new section to JCC Title 5 Ucenses, Regulations and Taxes. to be titled Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities. The creation of Chapter 5.10 was meant to complement the UDC amendments by requiring a license for operation of, and employment at Sexually Oriented Businesses. The Planning . Commission has reconsidered that recommendation as being problematic in light of the fact that Jefferson County does not currently issued business licenses. Therefore, the Planning Commission would encourage the Board of County Commissioners to revisit the business license provisions at such time as a uniform business license requirement is established, or when a Sexually Oriented Business is established within Jefferson County. i, In preparing our recommendation, we have considered the growth management indicators and other general [ guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our decision: A. Required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(b)(I-ID}: & ~ , 1. The circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan. For example, the Planning Commission initiated an investigation in 2005 and requested a moratorium on SOBs until UDC regulations could be fully researched and adopted. 2. The assumptions upon which the Jefferson County Comprehensive Plan is based are stili valid, however, consideration of assumptions that lead to the adoption of the Comp Plan are not applicable to this proposal since it is for amendment of the development code and not the Comp Plan. 3. The proposed amendment reflects current, widely held values of the residents of Jefferson County. For example, the City of Port Townsend has similar ragulatlons. B. Additional required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(c)(I-Yili): , 1. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 2. The proposed site-specific amendment is consistent with the goals, policies and Implementation strategies of the various elements of the Jefferson County Comprehensive Plan. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 3. The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. Does not apply since this Is not a site-speciflc amendment, but an amendment to the development code. 2/2/Z011 SOB UDC Text Amendment Recommendation to BoCC Page 2 , 4. The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 5. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change is in the long-term best Interests of the county as a whole. Does not apply since this is not a site-speCifiC amendment, but an amendment to the development code. 6. The proposed site-specific amendment does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. Does not apply sInce thIs Is not a site- specific amendment, but an amendment to the development code. 7. Within en Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilitIes and services to the immediate area and the overall UGA. N1A. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 8. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local. state or faderallaws. Yes, the amendment is consistent with all of the above. C. Inquiry to the growth management indicators as per Jefferson County Code (JCC) Title 18.45.050(4}(b)(i-vli): 1. Growth and development as envisioned in the Comprehensive Plan is occurring slower than anticipated due to economic conditions. 2. The capacity of the county to provide adequate serviCes has diminished due to a decrease in tax revenue. 3. There is sufficient urban land, as designated and zoned to meet projected demand and need. Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. Anticipated need Is not likely to be more than currently designated for commercial use. 4. Are any assumptions upon which the Comprehensive Plan is besed no longer found to be valid? Does not apply since this Is not a Comp Plan amendment, but an amendment to the development code. 5. Are there changes in county-wide attitudes which necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Pian Vision Statement? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 21212011 SOB UDC Text Amendment Recommendation to BoCC . Page 3 6. Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 7. There are no inconsistencies between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County. D. The Record In addition to the guidance provided by GMA, the County'Mde Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: J 1. The record also contains evidence with respect the Planning Commission's Committee Report on "Secondary Effects Study of Sexually Oriented Businesses." 2. Assertions in the record cen be confirmed by information from other sources, namely similar jurisdictions with similar regulations. 3. This 2011 UDC Text Amendment recommendation is based on the record. 4. This 2011 UDC Text Amendment recommendation satisfies legal criteria. 5. This 2011 UDC Text Amendment recommendation is specific to the application to amend the UDC Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses, 15.20 Performance Standards, 18.18 IrondaleIPort Hadlock Allowed and Prohibited Uses (MLA08-00257). 6. This 2011 UDC Text Amendment recommendation removes proposed code for creation of new JCC Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities, originally proposed in the June 2,2010 recommendation. E. Additional Findings and Conclusions There are no additional findings of fact or conclusions of law pertinent to this decision. We recognize that our recommendation will be reviewed and considered by the Board of County Commissioners, who will then take formal action to either approve, approve with conditions, or deny this UDC Text Amendment MLA08-00257. On February 2,2010, The Jefferson County Planning Commission voted 6 to approve, and 1 to deny, MLA08- 00257 and recommend that the BoCC aODrove the Planning Agency's request to amend the UDC proposed under MLAOB-00257 as indicated in attachments 2 - 5, suggested text. (Y1cC"a~A~ ning Commission Chair zlf7lbeeHb::JI I Date 2/2/2011 SOB UDe Ten Amendment Recommendation to BoCC Page 4 ATTACHMENT 1 . JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 Guidance to Create Findings for MLA08-00257 UDC Text Amendment For Sexually Oriented Businesses Proposed Amendment to: Jefferson County Unified Development Code, Title 18 June 2,2010 & February 2,2011 ATTACHMENT 1 'HOW TO DECIDE' Supplement for Plannil1g Commission For MLA08-00257: SOB Text Amendment 1. Make a motion, second, discussion? Recommendation (one ofthe following): 1) Approve X (five in favor-June 2, 2010)(five in favor, one opposed - February 2, 2010) 2) Deny .3) Approve with conditions or modifications PC Motion: Amend the code as indicated 2. Dellberations--discussion of proposal and entering findings & conclusions "For all proposed amendments, the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC 18.45.050 (4)(b)(i) through (4)(b)(vii), as well as the following: .. [NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned in .050 will be introduced and addressed later in this worksheet.] a) Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) : (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? [Answer 'yes' or 'no' and describe why} PC Response: Yes, The Planning Commission in 2005 voted to investigate the issue and requested a moratorium of SOBs. 'How to Decide' Supplement for Planning Commissiun MLA08-()02S7: SOB UDC Text Amendment 6-2-10&2/212011 Page20f8 ATIACHMENT 1 (iQ Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during the adoption process or any annual amendments ofthe Jefferson County Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: Yes, see above OiQ Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? [Answer yes' or 'no' and describe why] PC Response: Yes, since these regulations are consistent with the City. "In addition to the required findings set for in [the subsection above], in order to recommend approval of a formal site-specific proposal to amend the comprehensive Plan, the planning commission must also make the following findings:" [NOTE: JCC 18.45.080 (4)(c)(i) through (4)(c)(viiiJJ b) Additional required findings, adapted from JCC 18.45.080 (4)(c)(i) through (4)(c)(viii) (i) The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. [Answer yes', 'no', or 'not appUcabJe' and describe why] PC Response: NlA - not site specific. (Ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies ofthe various elements of the Jefferson 'Haw to Decide' Supplementlor Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10&2/2/2011 Page 3 018 AITACHMENT 1 County Comprehensive Plan. [Answer Yes', no', or 'not appUcable' and describe why] PC Response: NJA ~I , :1 (III) The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. [Answer yes' or 'no' and describe why] PC Response: N1A f (Iv) The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, Including planned surrounding land uses. [Answer yes' or 'no' and describe why] PC Response: N1A (v) The proposed site-specific amendment will not create a pressure to change in the land use designation of other properties, unleSs the change is in the long-term best interests of the county as a whole. [Answer yes', 'no', or 'not appUcable' and describe why] PC Response: NJA c ~ (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan. [Answer yas', 'no', or 'not applicable' and describe why] PC Response: NJA 'HfJW to Decide' Supplement fin' Planning CummiBsitm MLA08-00257: SOB UDC Text Amendment 6-2-10&21212011 Page 4 of8 . ATrACHMENT 1 (vii) Within an Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. [Answer 'yes', 'no', or 'not applicable' and describe why] PC Response: NJA (viii) The proposed amendment is consistent with the.Growth Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable lnter-jurisdictlonal policies or agreements, and any other local, state or federal laws. [Answer 'yes' or 'no' and describe why] PC Response: Yes, Federal and local law. c) JCC 18.45,060(4)(b){i) through (4){b)(vil) Inquiry into the Growth Management Indicators: i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? [Answer 'yes' or 'no' and describe why] PC Response: Yes, slower than anticipated. U) Has the capacity of the county to provide adequate services diminished or increased? [Answer 'yes' or 'no' and describe why] PC Response: Yes, diminished 'Huw to Decide' Supplemetd for Planning Commission MLA08-002S7: SOB UDC Tm Amendment 6-2.]0&2/212011 PageS 0/8 . ATI'ACHMENT 1 I III) Is there sufflcient urban land, as designated and zoned to meet projected demand and need? {Answer yes' or 'no' and describe why} PC Response: . N1A Iv) Are any of the assumptions upon which the plan is based no longer found to be valid? [Answer yes' or no' and describe why} PC Response: N/A v) Are there changes in the county-wide attitudes? . 00 they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? [Answer yes' or no' and describe why} PC Response: N1A vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? [Answer yes' or 'no' and describe why} PC Response: N1A vii) .00 inconsistencies exist between the Comprehensive Plan and the GMA or the Comp.rehensive.Plan and the Countywide Planning Policies for Jefferson County? [Answer yes' or 'no' and describe why] PC Response: N1A 'How to Decide' StJpplement for Planning Commission MLA08-002S7: SOB UDC Te%t Amendment 6-:J-Iff&2/2I201 I Page 6 of8 ~ ATTACHMENT! d) The Record 1) In addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code,. and the Comprehensive Plan, what else Is in the record with respect to this proposal? [Answer yes' or 'no' and describe why] PC Response: PC SOB Committee Report (attachment 1 of Staff Report) 2) Can assertions in the record be confirmed by information from other sources? [Answer yes' or 'no' and describe why] PC Response: Yes, from other codes 3) Is the decision we are about to make based on the record? [Answer yes' or 'no' and describe why] PC Response: Yes 4) Does the decIsIon we are about to make, as far as we know, satisfy legal criteria? [Answer yes' or 'no' and describe why] PC Response: Yes 5) Is the decision we are about to make limited to the specific request at hand? [Answer yes' or 'no' and describe why] PC Response: Yes 'How to DecitJg' supplement 101' Planning Commission MU()8.(J()257: SOB UDC TextAmendmenl 6-2-10&2/2/2011 Page 70/8 ATIACHMENTl . Are there any additional findings of fact or conclusions of law pertinent to this decision? L I PC Response: No 3. Repeat motion and vote (one of the following): a. In favor - Yea (five to zero - June 2, 2010)(five in favor - February 2, 2011) b. Opposed - Nay (one opposed - February 2,2011) c. Abstain - I , ; i~ 'HtlW to Decide' Supplement for Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10&2/2/2011 Poge 8 of8 ,U1 . ATTACHMENT 2 18.10.190 -s definitions. "Sale" means the conveyance for conside.ration ofIega! or beneficial ownership. "Salt water intrusion" means the underground flow of salt water into wells and aquifers. "Screening" meaDS a method ofvisua1ly shielding or obscuring a slrUCtUre or use from view by fencing, walls, trees, or densely planted vegetation. "Seaward" means to or toward the sea. Seawater Intrusion. (See "Salt water intrusion.") "Seawater intrusion protection zone (SIPZ)" means aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. "Sedimentation" means the process by which malerial is trnnsported and deposited by water or wind. "Seismic hazard areas" means areas subject to severe risk: of damage as a result of earthquake-induced ground shaking, slope failure, settlement. or soilliquefat:tion. "Sensitive areas'" associated with ICC t 820.345 Sexuallv Oriented Businesses included: Schools. Dav Care Facilities. Libmries. Off.road J>Ublic 1rails & oaths. Public indoor recreational facilities. Hosnitals. Parks & Plavl!rOunds. Piaces of worshi" (le. churches1- Community Centers. Senior Citizen Centers. Cemeteries. Residential neiohbcrhoods. Master Planned Resorts. "Sensitive species" meaDS species that conld become threatened as classified by the State ofWashingron Department ofFish and Wildlife, NongalIle Prognlm, and the Department of Natural Resources, Washington Natural Heritage Plan. "Service area" means a geographic area defined by a county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area (e.g., an area identified by a public water system that includes the ability to provide a water tap). "Setback" means the distance a structure is placed behind a specified line or topographic feature. "Sewerage treatment facilities" means the management. storage, collection, lrlmlopv' Millo. treatment, utilization, and processing of sewage from a municipal or community sewage treatment plant, not inCluding community drain fields. "Sexuallv Oriented Business" means I. Any exhibition. 9"rformance or dance conducted in an Sexuallv Oriented Business facility wbere such exhibition. performance or dance is distin!!uished or. characterized by a predominant emphasis on matters deoictin!!. describine. or simu1atin~ any soecified sexual activities or any specified anatomical areas; or 2. Anv exhibition. oerformance or dance intended to sexuallv stimulate any catron and conducted in a SexuallY Oriented Business facility where such exhibition. nerformance or dance is nerformed for. ananeed wit:h. or emtaP.'ed in with fewer than all natrons in the Sexuallv Oriented Business facilitv at that time. with senarate consideration naid. either directly or indirect Iv. for such oerfonnance. exhibition or dance. For oumoses of examole and not Ihnitation. such exhibitions. nerforrnances or dances are commonly referred to as table dancinll. couch danciof'.! taxi dancintl.. Ian dandng. criyate dancln~ or straddle dancin!!. 3. Sexually Oriented Retail Store meaniJu! an enclosed building. or anY'DOmen thereof which. for mone" or any other form of consideration. devotes a s1llJ1mcant or substantial nordon of stock in trade to the sale.. exchan2e. rental. loan trade. transfer or viewine: of sexually oriented materials. For oumoses of this definition. a retaiI store devotes a sil!Oificant or substantial 'DOnion of its stock in trade to sexually oriented materials if the sale. exchanlle. rental. loan. trade.. transfer or yiewina of such sexuallv oriented treltP.riaIs is clearlY material to the economic viability of the business. It is rebuttably nresumed that such sexuallv oriented materials are clearly material to the viability of the business if sexuallv oriented materials accounts for: 1. Twenty-five nercent or more of the retail dollar value of moss sales over any auarterlv oeried: 2. Twenty.five oercent or more of the floor area of the store ooen to the oubiie: 3. Twenty.five oercent or more oflhe retail dollar value of all merchandise disulaved in the store: 4. Twentv.five oorcent or more of the store's IDventoIV [whether measured bv retail dollar value ornurnber ofitemsl: or 5. Twenty.five nercent or more of the store's stock in trade. In no event shall a retailer whose transactions only incidentallv or rnaminaltv relate to sexual Iv oriented materials be considered a sexuallv oriented retail store. ATTACHMENT 2 r ~ ~ I 4. Also... ICC 5.10 030 for a more como!etelist o[definition.rennMeent uoon adontion of Chanter 5 10\ "Shooting range" means a titcility specifically designed and used for safe shooting practice with fireanns and/or for archery practice, with individual or group firing positions for specific weaponry. "Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter ~ RCW), as amended. "Shoreline Master Program (SMP)" means the Jefferson County Shoreline Master Program. ! , f , . I '" ~ ... :i o ~ il( ~ .~ ....'V 1lJ.""'9 '""'""1 i~ 10 >POIP1IH 1.l0d """ ..........1 G~ .!! .!! - u~pu._''''f.I''d ~ ,\! ,\! 0 ,\! " ,\! ,\! :l! :l! :l! :ll ,\! 0 z z - 1"!lJSIlP"IMOOH :llI :l! :l! ~ :l! :l! :l! :l! :l! :l! :l! :l! ,\! :l! - 1_"':;Jpuu-"II'lb) :l!I t! t! ~ ,\! :l! 0 :l! :l! :l! -n ~ :l! :l! llat<"Pll;lIll"'W~"'I~\l!'1 z :>< - (aH>;) ""lJ)) _"'1 llJlln ~ ~ ~ ~ 0 :l! :l! :l! :l! :l! ~ :l! :l! :l!- z - I......) ""If)) '" t! ~ ~ 0 :l! :l! :l! :l! :l! ~ ~ :l! :l! pplOUIDlO')lP'J.QIlIlIlIllIllIrJ z - JtIl.ll!illplll_.....-ll ~ :l! :l! 0 0 :l! :l! :ll :l! :l! :l! :ll :l! :l! z z - polJUlU.) """""'.> 01 ~ ~ ~ ~ :l! t! 0 ~ ~ 0 ~ ~ ~ ~ - pI!lIO-::>_q.lllq'!8l3N :l!I ~ ,,~ ~ t! :l! t! 'l> ~ ~ :l! ,,~ "" ~I "" z~ z I - ~_O;) ur :l! :l! ~ ~ :l! :l! :ll :l! 0 :l! :ll "" "" z 'll ~ - J! ~ ~ J! :!! ~ :!! ~ :!! 0 _.lol!omA 1""111 01 0 J! J! ] :!! z Jl - SOU" Dtii}(lt :l!I :l! :ll :l! :l! 0 0 :l! :l! 0 :l! :l! :l! :l! z z - -v DIII}(I1 :l!! :l! :l! :l! :l! 0 :l! :ll :l! :l! 0 :ll :l! :ll z - ND\-' smo 1 :l!I :l! :l! :ll :ll " :l! 0 ,\! :ll :l! :l! :l! 0 z z I-- ~Ill'" ~ :l! :l! :l! :l! :ll :l! :l! :l! :l! :l! :l! 0 :l! l"I"lI~o.}-""'o" z I-- ....... """ ""'I'd - .......,mpl1\' :l!I ~! :l! :l! :l! :l! :l! :l! :l! :l! :l! :l! :l! ~I Jl'" Jl~ 1 t 1 '5 -I ~ :a !l. t I 1 f ~ j f -~ f 'i I; f n I g I '5 i i! i -~ B ii '5 ;g I 1 -If n ~ I I I j t 1 :a ] I j n J I iJ ]I ~ ~ l~ ! ! 5 -] ~ ." 1: ATTACHMENT 4 18.20.340 Sewage sludge and septage. (I) Storage and treatment of sewage sludge and septage at any lilcility other than an approved sewerage system plant, and development of storage or treatment fucillties, are indus1riaI uses for the purposes of this code and are subject to the site standards for industrial uses in this chapter and to approval by the couuty heaIlh department. (2) The application of sewage sludge and septage to land for disposal or for fertili2atjon is subject to approval by the Jefferson Couuty board ofhealtb, or its designee, and state approval requirements. [Old. 8-06 ~ 1] I 18.20.345 (!) (2) m Sexuallv Oriented Businesses (also see JCC 5.10) Sexuallv Oriented businesses (SOBI shall be located at least 1.000 feet from anv sensitive site (see JCC 18.10.I90fordefinitionst SOBs with live performaru:es must be located 1.000 fect from the Drooertv line of (a) anv buSiness selline alcoholic drinks (h) any other SOB Shall meet standards under JCC 18.20.140 Commercial uses - Standards for site develonment , f 18.20.350 SmaJ1..seale reereation and tourist uses. (1) SmaD-ScaIe RecreatIon and Tourist Uses. SmaD-scale recreational and tomist uses rely on a rnraI location and setting and provide opportunities to diversify the economy of rnraI Jefferson Couuty by utilizing the county's abundant lecteational oppwtuillties and scenic and natural amenities in an environmenta1ly sensitive manner consistent with the rnraI character of the couuty. Upon approval pursuant to this code, these types ofuses maybe conducted in the land use districts specified in Table 3-1 inJCC 18.15.040 and as provided for in small-scale recreation and tomist (SR1) overlay districts under ICC 18.15.572. Agritourism on designated agricu1turallands is regulated in JCC 18.20.030. agricu1tural activities and accessory uses. The following list of uses is not intended to be exhaustive, bot rather is intended to be illustrative of the types of small-scale recreation or rourist uses: (a) Aerial recreational activities such as ba1loon rides, glider and parechute events; (b) Animal preserves and game farms; (c) Equestrian centers, on pareels 10 acres or larger in size; (d) Campgrounds and camping fucillties; (e) Commercial fishing ponds; (t) Cultural festivals; (g) MIniature golf, not to exceed a gross use area of one acre; (b) Model hobby parks and sites on parcels 10 acres or larger in size; (i) Outdoor recreational equipment reotal and/or guide services; (j) Outdoor shooting and archery ranges; (k) Private hunting or fishing camps; (I) Public display gardens; (m) Recreational off,.roed vehicle (ORV) and all terrain vehicle (A TV) parl<s and recreational areas on parcels 20 acres or larger in size; (n) RecreatIonal, cu1tura1 or religious conference ceoter!retreat facilities on pareels 10 acres or larger in size; (0) RecreatIonal vehicle parks, traVel trailer parks, and commercial campgrounds on pareels at least five acres in size; (P) Rural I..tl=lWts. only when associated with a primary recreational or tomist use; and (q) Rural recreationallodgiug or cabins for overnight reotal on parce!s 10 acres or larger in size. (2) Unnamed SmaD-Scale RecreatIon or Tourist Uses. Other uses not apeci:ficalIy named above may be classified as small-scale recreational and tourist USes by the Rdmmimator. subject to the provisions of this section, upon documentation by the applicant that the proposed use is dapendent upon a particular rura1 location or setting and is consistent with the intent and application ofRCW 36. 70A.07~5)(d) and the Jefferson County Comprehensive PIan. I . " 1ft Ii ... :E :r: ~ 5 j u l'S ~ ~ .. ~ 0 ~ ~ 0 ~ ~ ~ ~ ~ >- z z I !j s ~ ~ ~ 0 0 0 ~ '" 0 0 0 " U/ I;; z z z >- z z z I ill ~ 0 z z ~ 0 0 0 0 ~ ~ z! 0 z z z z z z f I I I ~ IIJ ~ i I ! 0 0 ~ ~ ~ 0 ~ ~ 0 ~ z! 0 < j z z z z z .. I l I II J ~ 0 ~ z 0 0 ~ ~ z ~ 0 z! 0 sJ z z z z Z 1:: I .e 1 :i ~I ~ - '" ~ l'S ~ :! :! :! ~ ~ 0 0 UI Q ~ >- z z ~~ J j g ~ ~ ~ ~ ~ ~ :! 0 ~ :! UI Q Z ~ ;;> ~I ~ ~ ~ ] l'S ~ :a :!l '-" ;a l'S i fi ] .a l'S ] .i '0 ] ] ..,. ] B I n! Ii II i "" ... Ii i ._M I ~ "0,;; ~l ~I J El Jj g.. .ai a" ~ -g El I ..0 13 ~ "j .s 8 ii 1 .s :S .0 0,1 J ~.s in ~ 4:l .gt! ~ ]I i~ a ::s " .... ....s '" ;:>gj m c 2 1ij 11 ~ E B 1il .. c .. 't: ~ .. u; "> ." C .. 1ij u ~ e e B c :2 .. ~ ill ~ " tl 5 .. 1ij p c .. '0 ~ .. c ti i .; c .. E l'! :; D" .. ~ ?: u; c .. '0 co P C .. '0 u; l'! o .. M :E' " '" .8 .s '0 1 ~ .2 ~ 1ij '0 .. C '0 '- . to "- co '8j ~ ~ ~.!'E~ 1: cu :s ~ t; ... tl:D (1\ .g~.E5 c. 0' = C _ U) ; to &8-oE ",00..0 ;:;: ~ 0 't: Q 0 c (U u .. '" -g .s; }a 0 ;. ~ E ~ ;:; '6 g ;Ii ~ :s '- d ,E.&Jail"'! ~ E '0 ~ .Q :s E u (UE~u ells~ 0"" 0 lB ::I: .a; ::I: en ...-t N l't) ~ Chapter 5.10 LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES Sections: Article J. Generally 5.10.010 Purpose. 5.10.020 Scope. 5.10.030 Definitions. 5.10.040 Penalties. 5.10.050 Nuisance. 5.10.060 Activities not prohibited. Article II. Licensing Requirements 5.10.070 License required. 5.10.075 Fees. 5.10.080 Application for Sexually Oriented business license. 5.10.090 Application for manager's or entertainer's license. 5.10.100 Initial investigation. 5.10.110 Issuance and denial of licenses. 5.10.120 Renewal of licenses. 5.10.130 Nontransferability of licenses. 5.10.140 Suspension and revocation of licenses. 5.10.150 Appeal of denial, suspension, or revocation of license. 5.10.160 Inspections and public health and safety suspensions. 5.10.170 Recordkeeping requirements and monthly reports. 5.10.180 License requirement for existing Sexually Oriented Business facilities. Article III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. Article I. Generally 5.10.010 Purpose. It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that Sexually Oriented Business facilities, as defined herein, are detrimental to the public health, safety and welfare. Sexually Oriented Business facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of pUblic nuisances, including moral nuisances. Therefore, the licensing and operation of Sexually Oriented Business facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. 1 5.10.020 Scope. This chapter governs the licensing and operation of all Sexually Oriented Business facilities within the County. The location and siting of Sexually Oriented Business facilities is governed by the zoning regulations contained in JCC TJtle 18. All Sexually Oriented Business facilities shall satisfy the requirements of this chapter and Title 18. 5.10.030 Definitions For the purposes of this chapter, certain terms and words are defined as follows: "Applicant" means a person or persons applying for a license under this chapter. "County" means Jefferson County, Washington. "Employee" means any person, including a manager, entertainer, escort, or nude model or server, or semi-nude model or server who works in or renders any services directly related to the operation of any Sexually Oriented Business facility, whether or not such person is paid compensation by the owner or operator of the Sexually Oriented Business facility. "Entertainer" means any person who provides live entertainment in a Sexually Oriented Business facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the Sexually Oriented Business facility and whether or not a fee is charged or accepted for such entertainment. "Entertainer's license" means a license issued by the Sheriff under this chapter to an entertainer, escort, or nude or semi-nude model. "Escort" means a person employed by an escort agency, and who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its prinCipal business purpose for a fee, tip, or other consideration. The term "escort agency" shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm. "Licensee" means a person or persons in whose name a license to operate a Sexually Oriented Business facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, entertainer, escort, or nude or semi-nude model, a person in whose name a license has 2 been issued authorizing employment or entertainment in a sexually Oriented Business facility. "Manager" means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within Sexually Oriented Business facility, including assistant managers working with or under the direction of a manager to carry out such purposes. "Manager's license" means a license issued by the Sheriff under this chapter to a manager or assistant manager of a Sexually Oriented Business facility. "Moral Nuisance" means a nuisance that is injurious to public morals (RCW 7.48.050(6)) and as defined under RCW 7.48.A.020. "Nude" means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering. "Nude or semi-nude model" means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio. "Nude or semi-nude model studio" means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a "nude or semi-nude model studio": 1. A proprietary school licensed by the state of Washington; 2. A junior college, college, or university supported partly or entirely by public funds; 3. A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and 4. A place housed in a structure (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model 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. "Obscene" means offensive to recognized standards of decency; disgusting to the senses, repulsive, abhorrent to morality or virtue; designed to incite to lust, depravity or lascMousness with no legitimate artistic, literary or scientific value or purpose. "Other Sexually Oriented Business facility" means any commercial establishment not defined herein where Sexually Oriented Business or sexually oriented materials are 3 regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered a Sexually Oriented Business facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered a Sexually Oriented Business facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. "Owner or operator" means any person who owns, operates, or has a significant interest in a Sexually Oriented Business facility, with significant interest being based on responsibility for management of the business. Where a Sexually Oriented Business faCility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where a Sexually Oriented Business facility is owned or operated by a corporation, including a limited liability organization, then each officer, director and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this ~hapter, a principal stockholder is a person who owns or controls 20 percent or greater interest in a Sexually Oriented Business facility. "Person" means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity. .Semi-nude" means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. .Sexually Oriented Arcade. means a commercial establishment containing indMdual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image- producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. .Sexually Oriented Business. means: 1. Any exhibition, performance or dance conducted in an Sexually Oriented Business facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or 2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a Sexually Oriented Business facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with all or any patrons in the Sexually Oriented Business facility at that time, 4 with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. "Sexually Oriented Business facility" means a commercial establishment defined herein as a Sexually Oriented Arcade, Sexually Oriented cabaret, Sexually Oriented motion picture theater, Sexually Oriented retail store, or other establishment where Sexually Oriented Business is offered, including but not limited to private membership clubs. "Sexually Oriented Business license" means a license issued by the Sheriff under this chapter to the owner or operator of a Sexually Oriented Business facility. "Sexually Oriented Cabaret. means a nightclub, bar, restaurant, tavem, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features: 1. Persons who appear nude or semi-nude; or 2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities. "Sexually oriented materials. means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations, that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simUlating any specified sexual activities or any specified anatomical areas. The term "sexually oriented materials. includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. "Sexually Oriented motion picture theater" means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. "Sexually Oriented Retail Store" means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably 5 presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials accounts for: 1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period; 2. Twenty-five percent or more of the floor area of the store open to the public; 3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store; 4. Twenty-fIVe percent or more of the store's inventory (whether measured by retail dollar value or number of items); or 5. Twenty-five percent or more of the store's stock in trade. In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered a sexually oriented retail store. .Sheriff' means Jefferson County, Washington, Sheriff, staff member, or designee assigned to carry out a particular Sheriff assignment or job function, as appropriate. .Specified anatomical areas. means and includes any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or 2. The human male genitals in a discernibly turgid state, even if completely and opaquely covered. .Specified criminal offense. means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter RCW 69.50 Uniform Controlled Substances Act) 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 later, if the conviction is of a misdemeanor offense; or 2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, 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 imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24 month period. .Specified sexual activities. means and includes any of the following: 1. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 6 4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition; 5. Violent or destructive sexual behavior, including but not limited to human or animal mutilation, dismemberment, rape or torture. 5.10.040 Penalties. A. Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or by a jail term of not more than 90 days, or by both such fine and imprisonment. B. Separate Offense. Any person who violates any provision of this chapter or failing to comply with any of the mandatory requirements of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued, or permitted by any such person. 5.10.050 Nuisance. A. Public Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained in violation of this chapter or any law of Jefferson County shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy. B. Moral Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained contrary to the provisions of Chapter RCW 7.48A (Moral Nuisances) shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply in addition to any other remedy. 5.10.060 Activities not prohibited. A. This chapter shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (3) exhibitions, performances, expressions or dances that are not obscene. B. The provisions of this chapter are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expression. C. Whether or not activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the actMty taken as a whole appeals to an obsessive interest in sex; and 2. Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards, and as described in RCW 7.48A.010; and 3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. . 7 ArtIcle II. Ucensing Requirements 5.10.070 Ucense required. A. It is unlawful for any person to operate a Sexually Oriented Business facility unless that person is the holder of a valid Sexually Oriented business premises license issued by the Sheriff under this chapter. B. It is unlawful for any person to work as a manager in a Sexually Oriented Business facility unless that person is the holder of a valid manager's license issued by the Sheriff under this chapter. c. It is unlawful for any person to work or perform as an entertainer in a Sexually Oriented Business facility unless that person is the holder of a valid entertainer's license issued by the Sheriff under this chapter. D. It is unlawful for any person to work or perform as an escort unless that person is the holder of a valid entertainer's license issued by the Sheriff under this chapter. E. It is unlawful for any person to work or perform as a nude or semi-nude model in a Sexually Oriented Business facility unless that person is the holder of a valid entertainer's license issued by the Sheriff under this chapter. F. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work as a manager at the Sexually Oriented Business facility unless that person is licensed as a manager under this chapter. G. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an entertainer at the Sexually Oriented Business facility unless that person is licensed as an entertainer under this chapter. H. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an escort unless that person is licensed as an escort under this chapter. I. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as a nude or semi-nude model unless that person is licensed as an entertainer under this chapter. . 5.10.075 Fees. All fees are payable in advance at the time of submittal of the application and are not refundable. The license year for all fees required under this chapter shall be January 1 st to December 31 st. All license fees shall be payable on an annual basis without proration, which fees shall be as follows: A. Sexually Oriented Business premises license: $2,500 per year; B. Sexually Oriented entertainer's license: $250.00 per year; C. Sexually Oriented Business manager's license: $1,000 per year; D. Other licenses (escort, model): $250.00 per year. 8 5.10.080 Application for Sexually Oriented business license. A. No person shall own or operate a Sexually Oriented Business facility within Jefferson County without a valid Sexually Oriented business license issued by the Sheriff. B. Each person qualifying as an owner or operator of the proposed Sexually Oriented Business facility shall submit a separate application. Each applicant shall be separately qualified under this chapter. C. All applications shall be submitted to Sheriff on a form supplied by the Sheriff and shall contain or be accompanied by all of the following information and documents: 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, any Social Security number, and the date of birth of the applicant. 3. If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners. 4. If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington. 5. A description of the principal activities and services to be offered by the proposed Sexually Oriented Business facility, including a summary of the types of Sexually Oriented Business and sexually oriented materials to be offered for sale or rent by the proposed Sexually Oriented Business facility. 6. A description of the principal activities and services to be rendered by the applicant with respect to the proposed Sexually Oriented Business facility. 7. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 8. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations ofthe other licensed businesses. 9. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 10. A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 9 11.The proposed location of the Sexually Oriented Business facility, including a legal description of the property, street address, and telephone numbers, if any. 12. The present mailing and residential address of the applicant. 13. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 14. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriff's department. 15. A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the Sexually Oriented Business facility. The sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches. 16. Authorization for the County, its agents, and employees to seek information to confirm any statements or other information set forth in the application. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Sheriff may request information or clarification in addition to that provided in a complete application. E. If any person or entity acquires, subsequent to the issuance of an Sexually Oriented business license, a significant interest in the licensed Sexually Oriented Business facility, notice of such acquisition shall be provided in writing to the Sheriff within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the Sheriff pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, .significant interest" means principal responsibility for management or operation of a Sexually Oriented Business facility. F. Each Sexually Oriented business license application shall be accompanied by a nonrefundable application fee. G. In addition to the requirements of this chapter, an applicant for a Sexually Oriented business license must also obtain any other permits or licenses required by state or local laws or regulations. H. In addition, an applicant must provide an affirmation attesting to the truth of what is stated in the application, that the statements are made pursuant to instruction on an official form, and recite that the statements are made under oath, that the declarant was aware at the time of making the statements of such recitation, and intended the statements should be represented as a swom statement made under penalty of perjury, and with a signed jurat of an officer authorized to administer oaths. . 5.10.090 Application for manager's or entertainer's license. A. No person shall work or perform as a manager, entertainer, escort, or nude or semi- nude model at a Sexually Oriented Business facility without a valid manager's or entertainer's license issued by the Sheriff. B. All applications shall be submitted to the Sheriff on a form supplied by the 10 Sheriff and shall contain or be accompanied by all of the following information and documents: 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, any Social Security number, and the date of birth of the applicant. 3. Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age: a. A valid driver's license issued by any state bearing the applicant's photograph and date of birth; b. A valid identification card issued by any state bearing the applicant's photograph and date of birth; c. An official passport issued by the United States of America; d. An immigration card issued by the United States of America; or e. Any other form of identification that the Sheriff determines to be acceptable. 4. The height, weight, hair and eye color of the applicant. 5. The present mailing and residential address of the applicant. 6. The name and address of the Sexually Oriented Business facility at which the applicant will work or perform. 7. A description of the principal activities or services to be rendered by the applicant at the Sexually Oriented Business facility. 8. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 9. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriff's Office department. 10. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 11. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses. 12. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 13. Authorization for the county, its agents, and employees to seek information to confirm any statements or other information set forth in the application. C. The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Sheriff may request information or clarification in addition to that 11 provided in a complete application. E. Each manager's and entertainer's license application shall be accompanied by a nonrefundable application fee. F. In addition to the requirements of this chapter, an applicant for a manager's or entertainer's license must also obtain any other permits or licenses required by state or local laws or regulations. . 5.10.100 Initial investigation. A. Upon receipt of a complete Sexually Oriented business license application, the Sheriff shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, Sheriff's Office, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed Sexually Oriented Business facility within 20 calendar days of receipt of the application by the Sheriff, unless circumstances support extending the investigation. If the investigation is extended, the Sheriff shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the Sheriff. In the event the proposed Sexually Oriented Business facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any Sexually Oriented business license approved prior to final construction of the Sexually Oriented Business facility shall contain a condition that the Sexually Oriented Business facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms to the drawings submitted with the application. B. In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed Sexually Oriented Business facility will violate any provision of any statute, code, ordinance, regulation. or other law in effect in the county. . 5.10.110 Issuance and denial of licenses. A. Issuance of Sexually Oriented Business License. 1. The Sheriff shall grant or deny an application for a Sexually Oriented business license within 35 calendar days from the date a complete application is filed unless a 10-day extension is granted as provided in JCC 5.10.1 OO(A), in which case the Sheriff shall grant or deny an application for a Sexually Oriented business license within 45 calendar days from the date a complete application is filed. 12 2. The Sheriff shall issue a Sexually Oriented business license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. 3. A Sexually Oriented business 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 name and address of the Sexually Oriented Business facility. A Sexually Oriented business license shall be posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility. 4. Each Sexually Oriented business license shall expire annually on December 31st. B. Issuance of Manager's or Entertainer's License. 1. The Sheriff shall grant or deny an application for a manager's or entertainer's license within 35 calendar days from the date a complete application is filed. 2. An applicant for a manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of a complete application and fee, unless the Sheriff has failed to approve or deny the license application, in which case the temporary license shall be valid until the Sheriff approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the Sheriff extend the application review time for more than an additional 20 days. 3. The Sheriff shall issue a manager's or entertainer's license unless one or more of the criteria set forth in subsection (C)(1) of this section are present. 4. A manager's or entertainer's license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the Sexually Oriented Business facility at which the manager, entertainer, escort or nude or semi-nude model will work or perform. Each manager, entertainer, and nude or semi-nude model shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility, at all times he or she is working or performing in the Sexually Oriented Business facility. Each escort shall carry his or her license at all times he or she is working within Jefferson County as an escort. 5. Each manager's or entertainer's license shall expire annually on December 31st. C. Denial of License Application. 1. The Sheriff shall deny any license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true: a. The premises to be used for the proposed Sexually Oriented Business facility are not in compliance with applicable laws and ordinances. b. An applicant is under 18 years of age. c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form. 13 d. An applicant has failed to comply with any provision or requirement of this chapter. e. An application fee required by this chapter has not been paid. f. An applicant has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.1 0.030("Specified Criminal Offense"). 2. In the event the Sheriff denies an application, the Sheriff shall do so in writing and shall state the specific reasons therefore, including applicable laws. 3. Denial of a license application is subject to appeal as set forth in JCC 5.10.150. . 5.10.120 Renewal of licenses. A. A licensee may apply for renewal of a Sexually Oriented business license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.080 and shall be accompanied by a nonrefundable application fee. B. A licensee may apply for renewal of a manager's or entertainer's license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.090 and shall be accompanied by a nonrefundable application fee. C. Application for renewal of a Sexually Oriented business license shall be made within 40 calendar days before the expiration date of the currently valid license. D. Application for renewal of a manager's or entertainer's license shall be made within 15 calendar days before the expiration date of the currently valid license. E. An application for a Sexually Oriented business, manager's or entertainer's license renewal shall be issued or denied according to the requirements of JCC 5.10.110. F. Denial of a Sexually Oriented business, manager's or entertainer's license renewal application is subject to appeal as set forth in JCC 5.10.150. G. In the event that the Sheriff denies an application for a Sexually Oriented business, manager's or entertainer's license renewal, the applicant may not be issued a license for one year from the date of denial. Provided, that if, after a denial, the Sheriff finds that the basis for the denial has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial. . 5.10.130 Nontransferability of licenses. A. Sexually Oriented Business License. The holder of a Sexually Oriented business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them. B. Manager's or Entertainer's License. The holder of a manager's or entertainer's license issued pursuant to this chapter shall not assign or transfer the license to another person. . 14 5.10.140 Suspension and revocation of licenses. A. The Sheriff may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be. B. Upon receipt of notice of the suspension or revocation of a Sexually Oriented business license or manager's license or entertainer's license, the licensee shall without delay deliver such license to the Sheriff. In the case of a suspension, the Sheriff shall return the license to the licensee at the expiration of the suspension period. C. Suspension of License. The Sheriff shall suspend a license for a period not to exceed 30 calendar days if the Sheriff determines that: 1. The licensee has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.10.030("Specified Criminal Offense"); or 2. The licensee has violated any applicable requirement of this chapter. 3. The licensee has refused to allow an inspection of the Sexually Oriented Business facility as required by JCC 5.10.160; or 4. The licensee has not submitted a timely monthly report as required by JCC 5.10.170(8); or D. Revocation of License. 1. The Sheriff shall revoke a license if the Sheriff determines that: a. The licensee has given false information in the material submitted during the application process; or b. The licensee has knowingly operated a Sexually Oriented Business facility during a period of time when the Sexually Oriented business license of the Sexually Oriented Business facility was suspended; or c. The licensee has knowingly acted as a manager of a Sexually Oriented Business facility during a period of time when the licensee's manager's license was suspended; or d. The licensee has knowingly acted as an entertainer at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or e. The licensee has knowingly acted as an escort within the Jefferson County during a period of time when the licensee's entertainer's license was suspended; or f. The licensee has knowingly acted as a nude or semi-nude model at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or g. A cause of suspension in subsection (C) of this section occurs and the license has been suspended within the preceding 12 months. 2. In the event the Sheriff revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a Sexually Oriented business license, manager's license, or entertainer's license for one year from 15 the date the revocation becomes effective. If, after revocation, the Sheriff finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective. . 5.10.150 Appeal of denial, suspension, or revocation of license. A. In the event the Sheriff denies, suspends or revokes a license issued under this chapter, the Sheriff shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation, unless said suspension occurs pursuant to JCC 5.10.1608, in which case the suspension shall be effective immediately. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the County hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the Sheriff containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. 8. If a licensee timely appeals a decision of the Sheriff, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the county hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to JCC 5.10.160(8). C. Within 10 calendar days of receMng a timely appeal, the Sheriff shall forward the administrative record of the licensing decision to the county hearing examiner. D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the county hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the Sheriff at least five calendar days prior to the hearing. E. The county hearing examiner shall uphold the decision of the Sheriff unless it finds the decision is not supported by evidence in the administrative record. F. The county hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the county hearing examiner shall constitute the final administrative decision of the county and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. G. If a licensee timely appeals a decision of the county hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. 16 5.10.160 Inspections and public health and safety suspensions. A. An applicant or licensee shall permit representatives of the Sheriff's Office department, health department, and other state and local government agencies to inspect the premises of a Sexually Oriented Business facility, at any time the Sexually Oriented Business facility is open for business, for the purpose of ensuring compliance with all applicable staMes, codes, ordinances, regulations, and laws. B. Where a condition exists upon the premises of a Sexually Oriented Business facility that constitutes a threat of immediate serious injury to public health or safety, the Sheriff or any other county official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety, and informing the licensee of the right to appeal the suspension to the county hearing examiner under the appeal provisions set forth in this chapter. 5.10.170 Recordkeeping requirements and monthly reports. A. Each Sexually Oriented Business facility licensed under this chapter shall maintain and retain, for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude and semi-nude models. B. Each Sexually Oriented Business facility licensed under this chapter shall file a monthly report with the Sheriff including the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude or semi-nude models. 5.10.180 License requirement for existing Sexually Oriented Business facilities. Any Sexually Oriented Business facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary Sexually Oriented business license. Within 45 calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the Sexually Oriented Business facility shall submit a complete Sexually Oriented business license application pursuant to JCC 5.10.080 to the Sheriff. The license application shall be issued or denied in accordance with the requirements of this chapter. The Sexually Oriented Business facility shall be permitted to continue to engage in the activities specified in the Sexually Oriented business license application pursuant to JCC 5.1 0.080(C)(6) pending the decision of the Sheriff. Article III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. All Sexually Oriented Business facilities shall comply with the following regulations: A. Manager on Premises. A licensed manager shall be on duty at the Sexually Oriented Business facility at all times the Sexually Oriented Business facility is open for business. The manager shall be stationed at a location within the Sexually Oriented Business facility where he or she shall have an unobstructed view of all public portions of the Sexually Oriented Business facility. 17 B. Hours of Operation. It is unlawful for a Sexually Oriented Business facility, except Sexually Oriented motel, to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. C. Admission to Minors Prohibited. Admission to Sexually Oriented Business facilities, except Sexually Oriented motels, shall be restricted to persons of the age of 18 years or more. The age of all patrons shall be verified at the time of entry by an employee of the Sexually Oriented Business facility. D. Warning Devices. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of waming the employees, managers, entertainers, or patrons of a Sexually Oriented Business facility that Sheriff's Office Deputies or other government agents are approaching or have entered the Sexually Oriented Business facility. E. Rental or Sale of Obscene Material Prohibited. The rental or sale of obscene material, as defined in RCW 7.48.050 (Moral Nuisances), shall be considered a moral nuisance and may, in addition to any other legal remedy, be subject to abatement pursuant to this chapter and Chapter 7.48 RCW 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. A. General. A Sexually Oriented cabaret shall satisfy the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented cabarets contained in this section. B. Separation of Entertainers From Patrons. No entertainer shall appear nude or semi- nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fixed- barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet in height and located at least six feet from all points of the stage, shall separate the stage from all patron areas. C. Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section. D. Tips. No entertainer shall solicit, accept, or receive governrnent issued currency offered by any patron. This prohibition shall apply at all times that a licensed entertainer is employed by the Sexually Oriented Business facility at which he or she provides Sexually Oriented Business, regardless of whether the entertainer is currently providing Sexually Oriented Business. E. Maintenance. All public areas shall be maintained in a clean and sanitary condition. F. Lighting. A minimum lighting level of 30 lux semi-cylindrical rneasured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented cabaret, including the patron seating areas, so that all objects and patrons are plainly visible at all times. 18 G. Physical Layout. The entire stage and the interior portion of any cubicles, booths and stalls accessible to patrons, with the exception of restrooms, shall be visible at all times from the patron seating area of the Sexually Oriented cabaret. Such visibility shall not be blocked or otherwise obscured by doors, curtains, drapes or any other device. H. Visibility From Outside the Sexually Oriented Cabaret. No activity or entertainment occurring at or in an Sexually Oriented cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented cabaret. I. Prohibited Activities. 1. No manager, entertainer or employee shall. be permitted to caress, fondle, or erotically touch any patron. No manager, entertainer or employee shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer. 2. No manager, entertainer or employee shall perform or simulate any specified sexual activities, nor perform or simulate any act that constitutes a moral nuisance as defined in RCW 7.48.050 and 7.48A.010. 3. No manager, entertainer or employee shall expose to view any specified anatomical areas except upon a stage or platform as set forth in subsection (B) of this section. 4. Any specified criminal offense as defined herein. J. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented cabaret which states the following: THIS SEXUALLY ORIENTED CABARET IS REGULATED BY JEFFERSON COUNTY. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE EXCEPT ON STAGE. ENTERTAINERS ARE NOT ALLOWED TO SOLICIT, ACCEPT, OR RECEIVE ANY GOVERNMENT ISSUED CURRENCY. PATRONS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE. 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. A. General. A Sexually Oriented Arcade shall satisfystet18, the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented Arcades contained in this section. B. Physical Layout. 1. Each viewing booth shall be visible from a manager's station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section "viewing 19 booth" means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction. 2. No steps or risers shall be allowed in any viewing booth. 3. No viewing booth shall have more than one stool or seat. In order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a viewing booth shall have any seat back or sides. 4. No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover. C. Maintenance. All viewing booths shall be maintained in a clean and sanitary condition. D. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented Arcade, including the viewing booths, so that all objects are plainly visible at all times. E. Limit on Number of Persons Within a Viewing Booth. No licensee, manager or employee shall knowingly permit more than one person to occupy a viewing booth at any given time. F. Prohibited Activities. No licensee, manager, or employee shall knowingly permit a patron to perform any specified sexual activities within a viewing booth. G. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented Arcade which states the following: THIS SEXUALLY ORIENTED ARCADE IS REGULATED BY JEFFERSON COUNTY. IT IS UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH, AND IT IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUpy A VIEWING BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. H. Visibility From Outside the Sexually Oriented Arcade. No activity or entertainment occurring at or in an Sexually Oriented Arcade, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented Arcade. 20