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Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners (BoCC)
Philip Morley, County Administrator
THROUGH:
AI Scalf, Director of Community Development
Stacie Hoskins, Planning Manager :~i\' k7
David Wayne Johnson, Associate PI~~
Agenda request for June 28, 2010
FROM:
DATE:
SUBJECT:
Request for BoCC determination on acceptance of a Planning Commission (PC)
Recommendation for MLA08-00257 - A Jefferson County Planning Agency initiated
application for a UDC Text Amendment for Sexually Oriented Businesses (SOBs)
STATEMENT OF ISSUE: The Planning Agency and Board of County Commissioners have
determined a need for Adult (Sexually Oriented) Business regulations. On Febmary 16,2005, the
Planning Commission unanimously agreed to request the Board of County Commissioners pass
moratoria prohibiting the issuance of permits and approvals pertaining to adult businesses until
the appropriate planning and regulations could be adopted. On March 14,2005 the RoCC passed
tlrst of six such moratoria pursuant to RCW 36.70A.390. The PC subcommittee has since
prepared a report and draft adult business ordinance language to further the progress on ultimate
adoption of development regulations addressing adult businesses. DCD Statf completed a Staff
Report incorporating the PC Report with suggested UDC text, and presented it to the PC on April 2 I,
2010.
ANALYSIS: The Planning Commission held a public hearing on the proposed amendment on
Wednesday, May 19,2010, deliberated and voted on the issue June 2, 2010. Their findings, conclusions
and recommendation to approve the suggested amendment MLA08-00257, Sexually Oriented Business
Regulations, is outlined in the attached Planning Commission Recommendationfi}r AfLA08-00257 dated
June 2, 2010 and signed June 17,2010. The BoCC should note the following issues before making a
decision:
o The PC Recommendation calls for new UDC text to regulate the siting of SOBs as well as a new
Chapter 5.10 to license and regulate the operation SOBs.
o The County currently does not have a mechanism in place to issues business licenses as required
in proposed Chapter 5. I O.
o Legal Counsel and the Clerk of the Board have been consulted regarding the licensing of SOBs.
Their assessment was that it is feasible, but problematic, and that Code Publishing would
determine the location of the new regulations within the JCC.
Regular Agenda
o The proposed Chapter 5.10 refers any appeals of SOB licenses to the County Hearing Examiner.
The Hearing Examiner is contracted specifically to hear land use cases, but according to our
Legal Counsel, could hear business license appeals if a specific set of criteria were established to
determine approval or denial.
o The OCO Staff also recommends approval ofMLA08-00257, but only for the new UDC text to
regulate the siting of SOBs, since business licensing is not a land use issue, and therefore not
under the purvey of OCD.
o A final SEPA DNS will be issued at the end of the comment period on July 7, 2010.
o To date there have been no inquiries of interest in the siting of SOBs in Jefferson County.
o Relevant attachments included in your packet are:
. PC Recommendation for MLA08-00257 with Findings and Conclusions dated June 2, 20 I 0
and signed June 17, 2010.
. Staff Report dated April 21, 2010 and revised June 21, 2010.
ALTERNATIVES: The BoCC may adopt the Planning Conunission's recommendation to approve
MLA08-00257 as indicated, or they may decide to not accept the recommendation and hold a public hearing
before making a final decision to either approve, approve with conditions or deny the application.
FISCAL IMP ACT/COST BENEFIT ANALYSIS: Should the BoCC adopt the Planning Commission
Recommendation, a Conditional "Coo Use permit and business license review and approval would be
required for the siting and operation of SOBs, with the associated fees collected (annually for the business
license). A mechanism to review and issue business licenses would need to be established with
associated costs.
RECOMMENDATION: Staff recommends the BoCC hold a public hearing before making a final
determination on the extent of adopting the proposed SOB regulations.
REVIEWED BY:
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Hip MorIey,S9untyAdministrator
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"1s~~O"'/ JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street
Port Townsend. WA 98368
(360) 379-4450
Planning Commission Recommendation for MLA08-00257
UDC Text Amendment
For
Sexually Oriented Businesses:
Recommendation with Findings and Conclusions
To:
Board of County Commissioners, Chair David Sullivan;
Department of Community Development, Director AI Scalf; and
Interested public of Jefferson County
Date:
June 2,2010
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 Irondale/Port Hadlock Allowed and Prohibited Uses
6) Proposed Text for JCC Chapter 5.10 Licensing and Operation of Sexually Oriented
Business Facilities
The Planninq Commission is pleased to submit our UDC Texl Amendment recommendation to the Board of
County 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, 18.18 Irondale/Port 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. The Planning Commission would also like
to recommend creation of a new section to JCC Title 5 Licenses, Regulations and Taxes, to be titled Chapter
5.10 Licensing and Operation of Sexually Oriented Business Facilities.
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-iii):
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 still 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 regulations.
B. Additional required findings as per Jefferson County Code (JCC) Title 18.45.080(1 )(c)(i-viii):
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-specific amendment, but an amendment to the
development code.
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.
6/2/2010 SOB VDC Text Amendment Recommendation to HaCC
Page 2
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 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.
N/A. 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 federal laws. Yes, the amendment is consistent with all of
the above.
C. Inquiry to the growth management indicators as per Jefferson County Code (JCC) Title
1 B.45.050(4)(b)(i-vii):
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 based no longer found to be valid?
Does not apply since this is not a Camp Plan amendment, but an amerldment to the developmerlt
code.
5. Are there changes in county-wide attitudes which necessitate amendments to the goals of the
Comprehensive Plan and the basic values embodied withirl the Comprehensive Plan Vision
Statement? Does not apply since this is not a Camp Plan amendment, but an amendment to the
development code
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
6/2/2010 SOB UDC Text Amendment Recommendation to BoCC
Page 3
In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code,
and the Comprehensive Plan, the Planning Commission finds:
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 can be confirmed by information from other sources, namely similar
jurisdictions with similar regulations.
3. This 2010 UDC Text Amendment recommendation is based on the record.
4. This 2010 UDC Text Amendment recommendation satisfies legal criteria.
5 This 2010 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
Irondale/Port Hadlock Allowed and Prohibited Uses (MLA08-00257)
6. This 2010 UDC Text Amendment recommendation includes proposed code for creation of new JCC
Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities,
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 June 2,2010, The Jefferson County Planning Commission voted 5 to approve, and 0 to deny, MLA08-
00257 and recommend that the BoCC approve the Planning Agency's request to amend the UDC proposed
under MLA08-00257 as indicated in attachments 2 - 5, suggested text, and consider adopting a new JCC
Chapter 5.10 to regulate the licensing of sexually oriented businesses, attachment 6,
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: . [I.C'/ ~
Peter DOW:y, Planning ommission Chair
6-/7- -~o/u
Date
6/2/20]0 SOB [/De Texi Amendment Recommendation to Boee
Page 4
ATTACHMENT I
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,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
ATTACHMENT 1
'HOW TO DECIDE' Supplement for Planning Commission
For MLA09-00378: QFC UDC Text Amendment
1. Make a motion, second, discussion?
Recommendation (one of the following):
1) Approve X unanimous (five in favor)
2) Deny
3) Approve with conditions or modifications
PC Motion: Amend the code as indicated
2. Deliberations-discussion of proposal and entering findings & conclusions
"For all proposed amendments, the planning commission shall develop findings and
conclusions and a recommcndation which consider the growth management indicators
set forth in ,lee 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.
(ii) 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
'How to Decide' Supplement for Planning Commission
MLA08-00257: SOB UDC Text Amendment
6-2-10
Page 2 of8
ATTACHMENT I
the adoption process or any annual amendments of the Jefferson County
Comprehensive Plan? [Answer 'yes' or 'no' and describe why]
PC Response: Yes, see above
(iii) 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)(viii)]
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
applicable' and describe why]
PC Response: N/A - not site specific.
(ii) The proposed site-specific amendment is consistent with the goals,
policies and implementation strategies of the various elements of the Jefferson
County Comprehensive Plan. [Answer 'yes', 'no', or 'not applicable' and describe
why]
'lImv to Decide' Supplement for Planning Commission
ivfLA08-00257. SOB [Joe Text Amendmenl
6-2-10
Page 3 of8
A TT ACHMENT 1
PC Response: N/A
(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: N/A
(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: N/A
(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
applicable' and describe why]
PC Response: N/A
(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 'yes', 'no', or 'not applicable' and describe why]
PC Response: N/A
'Ho.."v to Decjde' Supplement for Planning Commission
MLA08.()0257: SOB UDC Text Amendment
6.2-10
Page 4 0(8
A TT ACHMENT I
(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: N/A
(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 inter-jurisdictional 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 18.45.050(4)(b)(i) through (4)(b)(vii)
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,
ii) Has the capacity of the county to provide adequate services diminished or
increased? [Answer 'yes' or 'no' and describe why]
PC Response: Yes, diminished
'How to Decide' c)'upplement for Planning Commission
MLA08-00257.' SOB [IDe Text Amendment
6-2-10
Page 5 oj'8
ATTACHMENT 1
Hi) Is there sufficient urban land, as designated and zoned to meet projected
demand and need? [Answer 'yes' or 'no' and describe why]
PC Response: N/A
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? Do 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: N/A
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: N/A
vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the Countywide Planning Policies for Jefferson County?
[Answer 'yes' or 'no' and describe why]
PC Response: N/A
d) The Record
'!forv to Decide' ,)'upplementf()r Planning Commission
MLA08-00257.. SOB [iDe Text Amendment
6-2-10
Page6of8
ATTACHMENT I
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
Are there any additional findings of fact or conclusions of law pertinent to this decision?
'!-lOll' [0 Decide' Supplementfrx Planning CommLr;sion
MLA08-00257. SOR UDC Text Amendment
6C2-!O
rage 7oJ8
ATTACHMENT I
PC Response: No
3. Repeat motion and vote (one of the following):
a. In favor - Yea (five to zero)
b. Opposed - Nay
c. Abstain - I
'Ho'rt-' to Decide' Supplement for Planning Commission
lviLA08-00257: SOB [iDe Text Amendment
6-2-10
Puge 80J8
ATTACHMENT 2
18.10.190
S definitions.
"Sale" means the conveyance for consideration of legal or beneficial O\vnership.
"Salt water intrusion" means the underground flO\v of salt \vater into wells and aquifers.
"Screening" means a method of visually shielding or obscuring a structure or use from vie\\' hy fencing, walls, trees,
or densely planted vegetation.
"Seaward" means to or toward the sea.
Seawater Intrusion. (See "Salt \vater intrusion. ")
"Seawater intrusion protection zone (SIPZ)" means aquifers and land overlying aquifers \vith some degree of
vulnerability to seav,:ater intrusion.
"Sedimentation" means the process by \vhich material is transported and deposited by water or wind.
"Seismic hazard areas" memlS areas subject to severe risk of damage as a result of earthquake-induced ground
shaking, slope failure, settlement, or soil liquefaction.
"Sensitive areas" associated \I/ith lCC 18.20.345 Sexuallv Oriented Businesscs included: Schools, Day Care Facilities, Libraries,
Off-road oublic trails & oaths, Public indoor recreational facilities Hospitals, Parks & Playgrounds Places of worship (ie.
churches"), Communit\' Centers Senior Citizen Centers. Cemeteries, Residential nei!!hborhoods, :\1aster Planned Resorts.
"Sensitive species" means species that could become threatened as classified by the State of\Vashington
Department ofFish and \Vildlife, Nongame Program, and the Department of Natural Resources, Vlashington
Natural Heritage Plan.
"Service area" means a geographic area defined by a county or intergovernmental agreement in w'hich a defined set
of public facilities provides service to development \vithin the area (e.g., an area identified by a public \vatcr system
that includes the ability to provide a \-vater tap).
"Setback" means the distance a structure is placed behind a specified line or topographic feature.
"Sevr'erage treatment facilities" means the management, storage, collection, transportation, treannent, utilization,
and processing of sewage from a municipal or community- sew'age treatment plant, not including community drain
fields.
"Sexualh Oriented Business" means I. Anv exhibition. p~rformance or dance conducted in an Sexuallv Oriented
Business facility' where such exhibition. oerfQ[mance Of dance i.$_9istin2.uished or characterized bv a ofS;Q.Q1J]inant
emphasis on matters deoicting. describing. or simuJ.atim! anv soecified sexual activities or anv specified anatomical
areas: or
2. Any exhibition. performance or dancQ..intcnded to sexuallv stimulate un\' natra}) and cor:ducted in a Scxu~Jl'\' Oriented
Business rae/lit\' \vherc SHell exhibition, DeJformanec or dance js oerfonncd for arran~ed with. or cnQflQed in ,>-virh feweLttLarrAU
patrons in the SexuallY" Oriented Business facilitv at that time. with separate consideration paid either directly or indirecth~,..for
such performance, exhibition or dance. For purposes of example and not limitation such exhibitions performances or dances are
commonly referred to as table dancin!!, couch dancinl!. taxi d,lllCin[!, lap dancim'.. private dancmf! or straddle dancing
3. Sexuall\' Oriented Retail Store meaning an enclosed buildine, or any nortian thereohvhich. tor money or anv other form of
consideration, devotes a significant or substal1lial portion of stock in tngj~JP the sale, exchange. rental loan, trade, transfer or
viewin2: of sexuallv oriented materials. For Dumoses of this definition. a ~ctail store devotes a sieniticant or substantial portion 01
its stock in trade to sexuallY' oriented materials if the sale. exehangc,,-Jcntal loan, trade. transfer or viewing of sllch SCXU{!lJ.Y
oriented materials is clearly material to the_ economic viabilitv of the husiness. It is L~!;lUttablv vresumcd that su~h sexually
oriented materials are dead}' J'l1atcrial to the vjf1bili11r" of the business if sexuaJh' oriented mat~daJs accounts for:
l. Twent\'-fi\'e percent or more of the retail dollar value of !!ross sales over an\' quancrh.' period:
2. Twentv-five percent or more onhe tloor area oCtile st9reJmen to the public:
3. Twentv-five pcrcent or more ortlle retail dollar value of all merchandise displayed in the store:
4. Twentv-five percent or more of the store's inventorY' (whether measured by retail dollar value or number of itemsL_Qf
5. Twentv-five percent or more orthe store's stock in trade.
In no event shall a retailer whose transactions only ineidentalh" or mare.inalh; re~1.te to sexuallv oriented mateljals be considered a
sexually oriented retail store.
ATTACHMENT 2
4. Also see lee 5.10.0~O for a morc complete list of definitions (contingent UDon adoption of Chanter 5.10'1
"Shooting range" means a facility specifically designed and used for safe shooting practice with fireanns and/or for
archeI)" practice, \-'lith 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.
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18.20.340 Sewage sludge and septage.
(1) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage
system plant, and development of storage or treannent facilities, are industrial 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 county
health department.
(2) The application of sc\vage 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 requirement<. fOrd. 8-06
S I]
18.20.345
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(2)
Sexuallv Oriented Businesses (also see JCC 5.10)
Sexuallv Oriented businesses (SOB) shall be located at least 1.000 feet trom anv sensitive site (see
ICC 18.10.] 90 for definitions).
SOBs \-'lith live performances must be located 1.000 feet tram the propertY' line of
(3) any business selling alcoholic drinks
(b) anv other SOB
Shall meet standards under JCC 18.20.] 40 Commercial uses - Standards for site develooment
(3)
18.20.350 Small-scale recreation and tourist uses.
(1) 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- ] in JCC ] 8.15.040 and as
provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15)72. Agritourism on
designated agricultural lands is regulated in lCC 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 l~nns;
(c) Equestrian centers, on parcels 10 acres or larger in size~
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre:
(h) Model hobby parks and sites on parcels] 0 acres or larger in size;
(i) Outdoor recreational equipment rental and/or guide services;
(j) Outdoor shooting and archery ranges;
(k) Private hunting or fishing camps;
(I) Public display gardens;
(m) Recreational off-road vehicle (ORV) and all terrain vehicle (.ATV) parks and recreational areas on
parcels 20 acres or larger in size;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels I () acres or larger
in size;
(0) Recreational \:ehicle parks, travel trailer parks, and commercial campgrounds on parcels at least
five acres in size;
(p) Rural restaurants, only \....hcn associated \""Lth a primary recreational or tourist use; and
(q) Rural recreational lodging or cabins for overnight rental on parcels I () 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 thc intent and application of RCW 26. 70A.070(5)(d) and the
Jefferson County Comprehensive Plan.
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A TT ACHMENT 6
Chapter 5.10
LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES
Sections:
Article I. 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.
11 p" g c
A TT ACHMENT 6
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. (Ordinance TBO).
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
;s governed by the zoning regulations contained in JCC Title 18. All Sexually Oriented
Business facilities shall satisfy the requirements of this chapter and Title 18. (Ordinance
TBO).
5.10.030 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
A. "Sexually Oriented Arcade" means a commercial establishment containing individual
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.
B. "Sexually Oriented Business license" means a license issued by the Clerk of the
Board under this chapter to the owner or operator of a Sexually Oriented Business facility.
C. "Sexually Oriented Cabaret" means a nightclub, bar, restaurant, tavern, or other
similar commercial establishment, whether or not alcoholic beverages are served, that
regula rly 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.
O. "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 fewer than all patrons in the
Sexually Oriented Business facility at that time, 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.
E. "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.
? I !' '.', ',', "
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ATTACHMENT 6
F. "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.
G. "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 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.
H. "Applicant" means a person or persons applying for a license under this chapter.
/. "County" means Jefferson County, Washington.
J. "Clerk of the Board" means Jefferson County, Washington, Clerk of the Board, staff
member, or designee assigned to carry out a particular Clerk of the Board assignment or
job function, as appropriate.
K. "Employee" means any person, including a manager, entertainer, or nude model, 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.
L. "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.
M. "Entertainer's license" means a license issued by the Clerk of the Board under this
chapter to an entertainer, or nude or semi-nude model.
N. "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.
O. "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
3 II"., '
,12::c"-
ATTACHMENT 6
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.
P. "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, or nude or semi-nude model, a person in whose name a license has been
issued authorizing employment or entertainment in a sexually Oriented Business facility.
Q. "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.
R. "Manager's license" means a license issued by the Clerk of the Board under this
chapter to a manager or assistant manager of a Sexually Oriented Business facility.
S. "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.
T. "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.
U. "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.
V. "Other Sexually Oriented Business facility" means any commercial establishment not
defined herein where Sexually Oriented Business or sexually oriented materials are
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.
41Pagc
ATTACHMENT 6
W. "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 chapter, a principal stockholder is a person who owns or controls 20
percent or greater interest in a Sexually Oriented Business facility.
X, "Person" means an individual, association, corporation, estate, firm, joint venture,
partnership, proprietorship, trust, or other legal entity,
y, "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,
Z, "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.
AA "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,
BB, "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 69.50 RCW) 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.
CC, "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
51 p" g c
ATTACHMENT 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. (Ordinance TBO).
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. (Ordinance TBO).
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 7.48A RCW 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. (Ordinance TBO).
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 non obscene 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 activity taken as a whole appeals to the prurient 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.01 0; and
3. Whether the activity taken as a whole lacks serious literary, artistic, political or
scientific value. (Ordinance TBO).
Article II. Licensing Requirements
5.10.070 License required.
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ATTACHMENT 6
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 Clerk of the Board 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 Clerk of
the Board 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 Clerk of the Board under this chapter.
D. It is unlawful for any person to work or perform as an entertainer unless that person is
the holder of a valid entertainer's license issued by the Clerk of the Board 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 Clerk of the Board 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 entertainer unless that person is licensed as an
entertainer 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. (Ordinance TBD).
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 1st to
December 31st. All license fees shall be payable on an annual prorated basis, 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;
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 Clerk of the Board
A Jefferson County business license is required in addition to the Sexually Oriented
business license.
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.
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ATTACHMENT 6
C. All applications shall be submitted to the Clerk of the Board on a form supplied by the
county 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, 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 of the 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.
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 Office
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
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ATTACHMENT 6
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.
o. 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 Clerk of the Board 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 Clerk of the Board within 21
calendar days following such acquisition and the person acquiring the interest shall submit
a complete application to the Clerk of the Board 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 sworn statement made under penalty of perjury, and with a signed
jurat of an officer authorized to administer oaths. (Ordinance TBO).
5.10.090 Application for manager's or entertainer's license.
A. No person shall work or perform as a manager, entertainer, or nude or semi-nude
model at a Sexually Oriented Business facility without a valid manager's or entertainer's
license issued by the Clerk of the Board
B. All applications shall be submitted to the Clerk of the Board on a form supplied by the
county 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, 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
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ATTACHMENT 6
e. Any other form of identification that the Clerk of the Board 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 Clerk of the Board may request information or clarification in addition to that
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. (Ordinance TBD).
5.10.100 Initial investigation.
A. Upon receipt of a complete Sexually Oriented business license application, the Clerk
of the Board 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,
unless circumstances support extending the investigation. If the investigation is extended,
the Clerk of the Board 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
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ATTACHMENT 6
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 Clerk of the Board. 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 with 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. (Ordinance TBD).
5.10.110 Issuance and denial of licenses.
A. Issuance of Sexually Oriented Business License.
1. The Clerk of the Board shall grant or deny an application for an 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 5.10.100(A), in which case the
Clerk of the Board shall grant or deny an application for an Sexually Oriented business
license within 45 calendar days from the date a complete application is filed.
2. The Clerk of the Board shall issue an 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 Clerk of the Board 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 Clerk of the Board has failed to approve or deny the license application, in
which case the temporary license shall be valid until the Clerk of the Board approves or
denies the application, or until the final determination of any appeal from a denial of the
application. In no event may the Clerk of the Board extend the application review time for
more than an additional 20 days.
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ATTACHMENT 6
3. The Clerk of the Board 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 is 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, 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 entertainer shall carry his or her
license at all times he or she is working within Jefferson County as an entertainer.
5. Each manager's or entertainer's license shall expire annually on December 31 st.
C. Denial of License Application.
1. The Clerk of the Board shall deny a 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.
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 5.10.030(BB).
2. In the event the Clerk of the Board denies an application, the Clerk of the Board
shall do so in writing and shall state the specific reasons therefor, including applicable laws.
3. Denial of a license application is subject to appeal as set forth in JCC 5.10.150.
(Ordinance TBD).
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.
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A TT ACHMENT 6
G. In the event that the Clerk of the Board 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 Clerk of the
Board 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.
(Ordinance TBD).
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.
(Ordinance TBD).
5.10.140 Suspension and revocation of licenses.
A. The Clerk of the Board 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 Clerk of the Board. In the case of a suspension, the Clerk of the
Board shall return the license to the licensee at the expiration of the suspension period.
C. Suspension of License. The Clerk of the Board shall suspend a license for a period
not to exceed 30 calendar days if the Clerk of the Board determines that:
1. The licensee has refused to allow an inspection of the Sexually Oriented Business
facility as required by JCC 5.10.160; or
2. The licensee has not submitted a timely monthly report as required by JCC
5.1 0.170(B); or
3. 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 5.1 0.030(BB); or
4. The licensee has violated any applicable requirement of this chapter.
D. Revocation of License.
1. The Clerk of the Board shall revoke a license if the Clerk of the Board 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
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ATTACHMENT 6
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 entertainer 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 Clerk of the Board 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 the date the revocation
becomes effective. If, after revocation, the Clerk of the Board 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. (Ordinance
TBD).
5.10.150 Appeal of denial, suspension, or revocation of license.
A. In the event the Clerk of the Board denies, suspends or revokes a license issued
under this chapter, the Clerk of the Board 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. 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 Clerk of the Board 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.
B. If a licensee timely appeals a decision of the Clerk of the Board, 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(B).
C. Within 10 calendar days of receiving a timely appeal, the Clerk of the Board 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
Clerk of the Board at least five calendar days prior to the hearing.
E. The county hearing examiner shall uphold the decision of the Clerk of the Board
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
14[ P <1 g C
ATTACHMENT 6
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. (Ordinance TBD).
5.10.160 Inspections and public health and safety suspensions.
A An applicant or licensee shall permit authorized employees 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 statutes, 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 Clerk of
the Board 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. (Ordinance TBD).
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, and nude and semi-nude models.
B. Each Sexually Oriented Business facility licensed under this chapter shall file a
quarterly report with the Clerk of the Board including the names, addresses, and ages of all
persons employed or otherwise retained as managers, entertainers, and nude or semi-
nude models. (Ordinance TBD).
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 Clerk of the Board. 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 5.10.080(C)(6) pending the
decision of the Clerk of the Board. (Ordinance TBD).
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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.
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 warning 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, 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. (Ordinance TBD).
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 a tip or gratuity 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.
161Pdgc
ATTACHMENT 6
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 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 cabaret, including the patron seating areas, so that
all objects and patrons are plainly visible at all times.
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 7.48A01 O.
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.
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. PATRONS ARE NOT PERMITTED TO
ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO
APPEAR NUDE OR SEMI-NUDE.
(Ordinance TBD).
5.10.210 Regulations specifically applicable to Sexually Oriented Arcades.
A General. A Sexually Oriented Arcade shall satisfy JCC title 18, 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
booth" means the area where a patron or customer would be positioned while watching a
film, video or other photographic reproduction.
171 p" ~
ATTACHMENT 6
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.
(Ordinance TBD)
181 P a,' C
,
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street. Port Townsend' Washington 98368
360/379-4450 . 360/379-4451 Fax
www.co.jefferson.waus/commdevelopment
Staff Report and Recommendation on UDC Amendment -
Sexually Oriented Businesses
To: Jefferson County Planning Commission, and Interested Parties
Fr: David Wayne Johnson, Associate Planner
Date: April 21,2010 - Revised June 21, 2010'
Re: DCD report and recommendation on MLA08-00257, a proposed UDC amendment to Jefferson
County Code (JCC) Chapter 18.10 Definitions, Chapter 18.15 Use Table 3-1, Chapter 18.18
UGA Use Table 3A-1 & Chapter 18.20 Performance Standards to regulate siting of Sexually
Oriented Businesses (SOBs)
BackQround
The Planning Agency and Board of County Commissioners (BoCC) have determined a need for Adult
Business regulations. On February 16, 2005, the Planning Commission unanimously agreed to request the
BoCC pass a moratorium prohibiting the issuance of permits and approvals pertaining to adult businesses until
the appropriate planning and regulations could be considered and adopted. On March 14, 2005 the BoCC
passed such a moratorium pursuant to RCW 36.70A.390. There have been a total of five such moratoriums to
date. This Staff Report and Recommendation are presented to the Planning Commission as part of the
amendment process under JCC 18.45.090 prior to a public hearing and deliberation to determine a
recommendation to the BoCC on MLA08-00257, a UDC text amendment to regulate the siting of Sexually
Oriented Businesses.
Staff findings
Initially commenced during the 2005 Housekeeping Omnibus for Permit Efficiency (HOPE), the BoCC has
adopted several moratoria on adult businesses. On November 11, 2009, the BoCC voted unanimously to
continue to maintain the moratorium on adult businesses (Ord No. 08-1109-09) and continue review of
amendment MLA08-00257 in the first quarter of 2010 To date, the Board has adopted five moratoria
regarding adult businesses:
. Ordinance No. 04-0314-05, adopted March 14, 2005
. Ordinance No. 05-0505-08, adopted May 5, 2008
. Ordinance No. 10-1103-08, adopted November 3,2008
. Ordinance No. 05-0427-09, adopted April 27, 2009
. Ordinance No. 08-1109-09, adopted November 9,2009 and expires May 9, 2011
In June of 2008, the Planning Commission subcommittee prepared a report and draft adult business
regulations (Attachment €O6) to further the progress on ultimate adoption of development regulations
addressing adult businesses. The report constitutes the Planning Commissions response to the BoCC's
request to "undertake a study of the potential secondary effects of Sexually Oriented uses in the County and
produce recommendations for amendments to the County Code for the suitable siting, land use and zoning
standards and controls thereof."
"re-.'isions indi8a~",d w,~h strike thru and underline
Page 1
.,
The Planning Commission report, "Secondary Effects Study of Sexually Oriented Businesses" provides sound
analysis and regulatory basis for Staff's recommendation to proposed amendments under Title 18 of the JCC.
The report also contains a recommendation to the BoCC to add a section to JCC Title 5 BUSINESS
LICENSES, REGULATIONS AND TAXES, Chapter 5.10 to regulate SOBs for the purpose of establishing
ownership, tracking management and employees and licensing such businesses on an annual basis.
Currently the County does not have a mechanism for issuing business licenses. Staff has modified the
proposed regulations based upon advice from legal counsel so that the Clerk of the BoCC would be the issuing
agent, although this would require BoCC approval. The proposed text for new Chapter 5.10 provides that
appeals for required licenses would be heard by the County Hearinq Examiner. Accordinq to Leqal Counsel.
the Hearinq Examiner could hear business license appeals with a specific set of criteria for approval or denial.
Staff has incorporated the PC report's recommendations on code additions to the UDC Title 18 under the
following attachments as recommended text amendments for siting SOBs:
B. JCC 18.10.190 Definitions for "Sensitive Areas" and "Sexually Oriented Business."
C. JCC 18.15.040 Table 3-1 Allowed and Prohibited Uses
D. JCC 18.20.345 Performance Standards for SOBs
E. JCC 18.18.040 Table 3A-1 Irondale/Port Hadlock UGA Allowable and Prohibited Uses
The siting of SOBs under Tables 3-1 and 3A-1 would require a Type III Conditional Use Permit and decision by
the Jefferson County Hearings Examiner. The recommendation to require a conditional use permit is based
upon the potential of SOBs to have a significant impact to surrounding properties and the community which,
may involve complex legal issues, and afford maximum fairness in decision-making and procedural due
process protection (JCC 18.40.520).
UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject to review under the
State Environmental Policy Act (SEPA), WAC 197-11. The UDC amendment process can be simplified to 8
Steps detailed below. This amendment proposal is at Step 3.
1. Amendment initiated by DCD staff, the BOCC, the PC or by application.
2. DCD staff provides preliminary review of the proposed amendment and presents to BOCC for direction
on whether or not to place on DCD work plan.
3. DCD staff reviews the amendment, prepares a staff report and makes recommendation.
4. Notice of Intent to amend the development regulations shall be provided, and public hearing before the
PC is scheduled
a. At least 10 days prior to the date of the hearing per JCC 18.45.090(2)(b); and
b. At least 60 days prior to final adoption per WAC 365-195-620.
5. The PC shall hold a public hearing, JCC 18.45.090(3)
6. The PC shall make a recommendation to the BOCC using the site-specific criteria set forth in JCC
18.45.080(1 )(b) and (1 )(c), as applicable.
7. The BOCe shall consider the proposed amendment at a regularly scheduled meeting and apply the
criteria set forth in JCC 18.45.080(1 )(b) and (1 )(c), as applicable.
The BOCC may adopt the PC recommendation or may conclude a change in the recommendation is
necessary. A change requires the Board conduct its own public hearing and comply with notice requirements.
Because the proposal is not site-specific the proposed amendment will be reviewed under SEPA as a "non-
project action" (WAC 197-11-704). The required notice of public hearing will incorporate a SEPA comment
period. A SEPA determination will be issued after the comment period and prior to final action by the Board.
Additional "project action" SEPA review is required for those developments that do not meet the threshold
exemptions under WAC 197-11-800.
The proposed text amendment is consistent with the Jefferson County Comprehensive Plan under Economic
Development Policy EDP 1.2 which states, "Encouraqe a ranqe of opportunities, economic activities and
businesses that serve both needs of local residents and visitors to Jefferson County.
'Ie'lisions,ndicated '4>,'iti': stnke '.~,ru a~,d unoerine
Page 2
,
Department of Community Development Recommendation
Based upon the analysis and recommendation of the PC Report, DCD staff recommends that JCC Title 18 be
amended as indicated in attachments B thru E.
Staff recommends further that the Planning Commission schedule a public hearing to hear testimony on the
proposed amendments, and that, following the public hearing, the Planning Commission deliberate and
formulate a recommendation to the BoCC.
The Planning Commission needs to consider the addition of proposed Chapter 5.10 as part of their
recommendation to the BoCC since this is not part of Staff's recommendation solely because Title 5 is not
under the jurisdiction of DCD and would issue only the land use permit for siting an SOB, not a business
license.
TeV1SlonslnOlcaleO'.....Itr'J SJrlKe tnru anounaerlinQ
Page 3
.,
ATTACHMENT A
June 18,2008
SECONDARY EFFECTS STUDY
OF SEXUALLY ORIENTED BUSINESSES
JEFFERSON COUNTY
Prepared by the
Jefferson County Planning Commission
The Jefferson County Board of County Commissioners (BOCC) has asked the Planning
Commission to develop some proposed amendments to the zoning ordinance relating to Sexually
Oriented uses. The SOCC has specifically asked that the Planning Commission "undertake a study
of the potential secondary effects of Sexually Oriented uses in the County and produce
recommendations for amendments to the County Code for the suitable siting, land use and zoning
standards and controls therefor",
In this report the Planning Commission will summarize the following:
I Legal basis for regulating Sexually Oriented businesses
Review of the secondary impacts studies conducted in other communities,
Cl Survey of existing regulations and conditions in Jefferson County
'I Finding and recommendations.
LEGAL BASIS FOR REGULATING SEXUALLY
ORIENTED BUSINESSES
The Planning Commission has reviewed the legal basis for regulation of sexually oriented
businesses, and has concluded:
I. Although the County May Regulate "Adult uses" Pursuant to its Police Power, It May Not Flatly
Prohibit Such Uses,
A Both the 1st Amendment of U,S Constitution and Article 1, Section 7 of Washington State
Constitution provides for the protection of every citizen's right to the freedom of speech and
expression,
8, Counties are therefore not permitted to enact local regulations that totally suppress the
freedom of expression associated with adult use activities, and such uses must be allowed
within any and all counties.
11 'I)"." '
. ~,~ '-
,
ATTACHMENT A
C. It should be noted, however, that constitutional protections do not cover activities or material
deemed to be obscene, and these materials and activities may be banned altogether by
counties.
D. Adult entertainment use can range from bookstores and/or video stores carrying a
significant number of sexually-oriented materials, to modeling studios, message parlors and
strip clubs. Many of the most common adult entertainment activities, such as adult book and
video and nude dancing establishments, while sexually explicit are not considered obscene,
and are protected by the First Amendment
II. Permitted Regulations of Adult Use Is to Mitigated "Secondary Impacts" of Adult Use
Establishments.
A In City of Renton v Playtime Theaters, 475 US 41, 89 L Ed 2d 29, 106 S Ct 925 (1986), the
U. S. Supreme Court established a four-part test to determine when zoning regulations for
adult businesses do not violate the First Amendment:
1. Whether the predominant purpose of the zoning is to suppress the sexually explicit
speech itself, or rather, to eliminate the "secondary effects" of adult uses;
2. Whether the zoning regulation furthers a substantial governmental interest;
3. Whether the zoning regulation is "narrowly tailored" to affect only those uses which
produced the unwanted secondary effects; and
4. Whether the zoning regulations leave open reasonable alternative locations for adult
uses - In the New York case of the Town of Islip v Caviglia, 73 NY2d 544 (1989), the
court upheld Islip's regulations allowing adult uses only in an area zoned for industrial
use, which the court found provided ample space for the development of such uses.
B. Hence, the federal and state constitutions protect the content of adult entertainment activity.
1. Police power justifying zoning regulations cannot be aimed at suppressing or limiting
the content of the use.
2. 'When local regulations impinge on an adult business's freedom of expression, they
lose the presumption of constitutionality that normally applies to zoning regulations, and
the burden shifts to local government to justify its restrictions." New York State
Department of State Counsel's Office, Opinions of Counsel; Municipal Regulation of
Adult uses After the Stringfellows Decision.
3. County regulations cannot focus on regulating adult uses because of what those uses
contain, whether it be sexually explicit printed material, videos, or nude dancing.
C. Counties, however, are allowed to regulate adult uses in a manner that seeks to mitigate the
potential secondary impacts (increase in crime, drug use, lowering of property values, etc.)
often associated with adult entertainment uses.
21Pagc
..
ATTACHMENT A
1. In the case of Stringfellows of New York, Ltd., v City of New York, the New York State
Court of Appeals developed a test for determining the validity of zoning regulations
under Article I, Section 8 of the New York State Constitution, which includes:
a. The zoning regulation must be justified by concerns unrelated to speech; i.e.
secondary impacts;
b It must be "no broader than necessary" to achieve its purpose:
i. The adult use law should
(i) be coherent regulatory scheme narrowly designed to attack the problems
associated with adult establishments;
(ii) set forth explicit standards for those who apply them to preclude arbitrary
and discriminatory application;
(iii) affect only the category of uses that produce the unwanted negative effects;
and
c. The zoning regulation must provide alternative locations for adult use businesses.
I. By preventing adult businesses from locating in residential districts while
allowing such establishments to locate in manufacturing and commercial districts,
the Stringfellows court found the amendment protects only those communities
and community institutions that are most vulnerable to their adverse impacts.
ii. Counties may constitutionally bar adult establishments from, or within, a
specified distance of residentially-zoned areas and facilities in which families and
children congregate, and may be prohibit adult businesses from operating within
a specified distance of one another to avoid the undesirable impacts associated
with concentration of such uses
III. Necessity of Planning Study to Evaluate Secondary Impacts:
A. To justify zoning regulations for adult businesses, Counties must show that the regulations
are not directed at the content of the use, but at the elimination of the negative secondary
impacts resulting from that use. These are often demonstrated through secondary effects (or
impacts) studies. Based on potential impacts identified in the study, a County can then
recommend land use controls to regulate these types of uses.
B. Prior to adopting adult entertainment regulations, a County government must therefore
demonstrate that it has conducted or relied upon planning studies illustrating the need to
protect certain areas of the County from the negative secondary impacts associated with
adult businesses.
C. In Renton v Playtime Theaters, the Court stated "that the city did not have to produce its
own studies...but must reasonably believe (on the record) that the studies were relevant to
its concerns."
3IPa~!c
ATTACHMENT A
D. While secondary effect studies can take various forms, there are certain elements that
should be included in any study. The Secondary Effects Study of Adult Entertainment Uses
from the Village of Scotia (funded by the New York Planning Federation, and released in
September, 1999), can be used as a model for how communities prepare these studies and
their format.
1. For its study, the Village of Scotia reviewed studies from Austin and EI Paso, Texas;
Newport News, Virginia; Garden Grove, California; Islip and the City of New Rochelle,
New York; and Indianapolis, Indiana.
2. Research methods included
a. comparison of areas that contained adult uses with areas that did not (control
areas),
b. survey of professionals and residents,
c and gathering statistical data.
3. Secondary effects studied included crime rates, impacts on real estate, traffic, noise
and general neighborhood appearance.
E. Based on the review of these studies, the Village of Scotia concluded that all supported the
existence of a number of negative secondary effects of adult entertainment uses, such as an
increase in crime rates, decline in property values, and a general deterioration, both in
reality and perception, of the neighborhoods in which these uses are located Scotia also
found that the studies were relevant to the Village since the studies did not focus on the
community as a whole, but on much smaller areas In addition, the impacts of adult uses on
the study area were found to be independent of the size of the municipality.
F. The Village of Scotia findings that were especially applicable to them included:
1 . The smaller the commercial district, the larger the impact because the "negative halo"
will affect a larger proportion of the municipality's business than it would in a larger city;
2 Because of the small size of commercial districts the probability of substantial impacts
of sexually oriented businesses upon residential areas increases, and;
3. Smaller places are more likely to have fewer days and hours of commercial activity than
larger cities. This increases the likelihood than an adult business will have a larger
impact on the area in which it is situated during off-hours for other business increases.
IV. Regulation Recommendation and Local Law:
A. The next step after establishing the potential secondary impacts which adult entertainment
uses may have on a community, is to identify how best to regulate these uses to minimize
the negative impacts on residents and businesses within the municipality.
B. Before choosing a regulatory method, the Village of Scotia,
41 p,,~. c
ATTACHMENT A
1. Reviewed current zoning: The Village identified which zoning districts would currently
allow adult entertainment businesses to locate as a permitted use, siting some of the
undefined permitted uses within the Village zoning that an adult entertainment
establishment may argue are appropriate classifications for their use. These included,
but were not limited to, retail stores and shops, restaurants, theaters, membership clubs,
drinking establishments and personal services stores.
2. Identified land uses sensitive to potential negative impacts: The Village identified
sensitive areas "as possessing characteristics that are essential to the Village's
character, quality of life, and economic success." These areas include residential
neighborhoods, the central business district, places of worship, schools, childcare
facilities, recreation areas, parks and playgrounds, and civic and cultural facilities.
3. Reviewed legal considerations and regulatory options: An overview of legal
considerations and regulatory options was presented to outline major court decisions
that impact local regulation of adult entertainment uses. Regulatory methods of
licensing, concentration (which concentrates adult uses within a specific zone),
dispersion (which seeks to prevent the concentration of adult uses), and the hybrid
method (which concentrates adult uses within a certain zone and additionally restricts
adult uses from locating within a certain distance of identified sensitive areas) were
presented as options available. {d. at 14-16
C. Based on the above analysis, the Village of Scotia decided to adopt a local law regulating
adult entertainment uses for the purpose of mitigating the negative secondary impacts
potentially caused by such uses. Adult entertainment uses are permitted only in industrial
zones within the Village and further restricted from being within a minimum of 500 feet from
identified sensitive areas. A minimum separation of 500 feet between adult uses is included,
as are signage restrictions.
V. Summary: When faced with regulating adult entertainment uses, Counties should remember the
following:
A. Identify the issues -- what causes concern? Adult entertainment uses are often
controversial and the issue or issues a municipality is most concerned with should be
clearly identified and stated, ideally first addressed in a County comprehensive plan. As
with any issue, communities should specifically identify what causes concern
B. Identify possible solutions/tools as County options -- While County police power is
limited in terms of prohibiting adult entertainment uses, Counties do have control over
where these uses can be located to mitigate possible negative secondary impacts.
C. Conduct a Secondary Study -- A secondary study is required before drafting any adult
use regulations. While there is no required format for secondary studies, Counties
should include secondary impacts, current regulations/zoning, sensitive land uses and
legal and regulatory options.
D. Draft and implement regulations -- Based on the secondary study and County options for
regulation, draft and implement regulations that best suit the character of your
municipality and best address County concerns
51PdgG
ATTACHMENT A
E. Involve the public -- Involving the public throughout the planning and regulatory process
helps build a constituency regarding the issues of concern for the community. When
dealing with a potentially controversial issue, involving the public can also help educate
the community on all aspects of the issue.
REVIEW OF SECONDARY IMPACTS STUDIES
CONDUCTED IN OTHER COMMUNITIES
Since Jefferson County does not have any existing Sexually Oriented businesses, the Planning
Commission could not undertake it's own study of the potential negative secondary impacts that
Sexually Oriented use might have. Therefore, the Planning Commission relied on existing studies
of secondary impacts of adult oriented businesses that were conducted in other communities:
The Planning Commission reviewed the following original studies:
1. "Secondary Effects Analysis of Adult Oriented Businesses in the Town of Wilton, New
York (1998)
2. "Secondary Effects Study of Adult Entertainment Uses" Village of Scotia, New York
(1999)
The Village of Scotia report provided a detailed summary of similar studies that had been
undertaken in the following communities:
1. Austin, Texas
2. EIPaso, Texas
3. Newport News, Virginia
4. Garden Grove, California
5. Islip, New York
6. Indianapolis, Indiana: and
7. Rochester, New York.
The review of the analysis of studies undertaken in other communities, the Planning Commission
made the following conclusions:
1. Crime rates are higher in areas of Sexually Oriented uses.
2 Sex crimes are higher in areas near Sexually Oriented uses.
3. Residential property values are decreased when in close proximity to Sexually Oriented uses.
61PdgC
ATTACHMENT A
4. Physical blight near Sexually Oriented uses.
5. Near Sexually Oriented uses residential properties are not well maintained, financial institutions
are more hesitant to invest, etc.
6. Most patrons of Sexually Oriented Businesses do not live within one-mile of site.
SURVEY OF EXISTING REGULATIONS AND
CONDITIONS IN JEFFERSON COUNTY
Identification and analvsis of existinq requlations and existinq zoninq.
Currently Jefferson County has no regulations covering sexually oriented businesses or Sexually
Oriented Entertainment establishments.
"Retail sales and services" use is permitted in Rural Village Center, General Crossroads, and MPR
Village Commercial Center and is a Discrectionary use in Convenience Crossroads and
NeighborhoodNisitor zoning districts "Drinking establishment" use is permitted in Rural Village
Center, NeighborhoodNisitor Crossroad and General Crossroad zoning districts.
"Eating establishment" use is permitted in Rural Village Center, NeighborhoodNisitor Crossroad,
General Crossroad, Convenience Crossroad, and MPR Village Commercial Center and is a
Conditional use in Light Industrial/Commercial zoning districts.
"Convenience and video stores" use is permitted in Rural Village Center, NeighborhoodNisitor
Crossroad, General Crossroad, Convenience Crossroad, and MPR Village Commercial Center
zoning districts.
"Indoor entertainment or recreational facility" is permitted in Rural Village Center,
NeighborhoodNisitor Crossroad, and General Crossroad zoning districts
"Unnamed commercial uses" is a Discretionary use in in Rural Village Center, NeighborhoodNisitor
Crossroad, General Crossroad, Convenience Crossroad, and Light Industrial/Commercial zoning
districts.
The existing commercially owned lands where Sexually Oriented uses might be permitted under the
current zoning regulations are:
Rural Village Center
Convenience Crossroad
] General Crossroad
n Light Industrial (Glen Cove)
- Irondale Port Hadlock UGA
7lPagc
A TT ACHMENT A
Reading various court cases leads the Planning Commission to conclude that a 1,000 foot
separation between Sexually Oriented uses and "sensitive sites" would probably be
considered by most courts as reasonable so long as some potential development sites are
available.
Identification of sensitive uses and sites.
The Planning Commission identified the following sensitive sites:
! SchooliDay Care (public, private or parochial)
] Libraries
Off road public bike path
i] Public indoor recreational facility
Ii Hospitals
] Park or playground
CJ Place of worship (church, convent, monastery, synagogue)
~J Community Centers
n Senior Citizen Center
1 Cemeteries
,1 Residential neighborhoods
Master Planned Resorts
The Planning Commission also identified the planning efforts that might be adversely impacted by
Sexually Oriented uses
Jefferson County Comprehensive Plan
Parks, Recreation, and Open Space Comprehensive Plan
Urban Growth Area Plans
Requlatorv approaches for Jefferson County:
The Planning Commission examined the following three different regulatory approaches:
1. Concentration Method: Under this method Sexually Oriented uses would be concentrated
within a speCific zoning district or geographic area. The concept would be similar to what the
8 ! P J)2 C
A TT ACHMENT A
City of Boston once did by creating a "combat zone" where the Sexually Oriented uses were
concentrated.
2. Dispersion Method: Under this method the Sexually Oriented uses would be dispersed
throughout the County to prevent concentration. The dispersion is generally accomplished
by requiring separation distances between sexually oriented businesses and between
"sensitive uses" such as residences, parks, schools, places of worship, etc.
3. Hybrid Method: Under this approach a variation of the concentrated model is use used, but
separation distances are also established
The Planning Commission felt that the hybrid method would be the most applicable to conditions of
the County.
Approaches used bv other communities:
The Planning Commission reviewed the following summary of the Sexually Oriented use
regulations in Port Townsend:
Town ofWitlon;
Prohibited adult uses if located:
Within 1,000 feet of any church, school, park, etc.
Within 500 feet of another adult use.
Permits adult uses in the C-3 Commercial/Light Industrial District upon the issuance of a
special use permit
Town of Halfmoon:
Prohibited adult uses if located
Within 1,000 feet of any residential property. church, park, cemetery, etc
Within 1,500 feet of any schooL
Within 2,500 feet of any place where alcoholic beverages are sold
Town of Moreau:
Permits adult uses in a M1A District upon the issuance of a special use permit
Prohibited adults uses if located:
Within 500 feet of a residential use.
91PdgC
ATTACHMENT A
Within 2,500 feet of any church, school, park, etc.
Within 1,000 feet of another adult use.
Possible locations for adult uses within the County:
During the public review process the public or the Planning Commission identified the following
areas and evaluated them for the possible siting of Sexually Oriented uses within the County:
Possible sites that could be considered under the "hybrid method":
Glen Cove Industrial
- Could require no Sexually Oriented use be within 500 feet of a residence or within 1,500
feet of school or playground.
Quilcene Industrial Area
Could require no Sexually Oriented use be within 500 feet of a residence.
Irondale/Hadlock
Could require no Sexually Oriented uses be within 250 feet of a residence
Brinnon and Quilcene Rural Village Centers:
Would have access from HWY 101.
Could require no Sexually Oriented use within 500 feet of a residence or within 1,500 feet
of a recreation area.
RECOMMENDATIONS AND FINDINGS FOR ORDINANCE
CHANGES:
The Planning Commission makes the following recommendations to the BOCC:
1. It is a constitutional requirement for the County to provide for sexually oriented businesses
(SOB) somewhere within the community.
," County can't flatly prohibit all SOB uses.
'J County can regulate SOB uses to mitigate secondary impacts.
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ATTACHMENT A
~] County is required to undertake a planning analysis to evaluate secondary impacts.
2. There are no existing regulations for controlling sexually oriented businesses (SOB) and
appropriate ones should be adopted to prevent harmful secondary effects that have been shown
to result from unregulated growth in SOBs.
3. The County should adopt a new ordinance to regulate personnel and operation of SOBs.
4. The County should adopt a new zoning ordinance to regulate where SOBs may be located
5 The Planning Commission recommends the following new ordinances to the BOCC:
a Add the following section to title 5.
Chapter 5.10
LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES
Sections:
ArtiCle I. Generally
5.10.010 Purpose.
5.10.020 Scope.
510030 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.
510.180 License requirement for existing Sexually Oriented Business facilities.
Article III. Operational Requirements
5.10 190 Regulations applicable to all Sexually Oriented Business facilities.
11 I P age
ATTACHMENT A
5.10.200 Regulations specifically applicable to Sexually Oriented cabarets.
5.10.210 Regulations specifically applicable to Sexually Oriented Arcades.
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A TT ACHMENT 6
Chapter 5.10
LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES
Sections:
Article I. 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.
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ATTACHMENT 6
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. (Ordinance TBD).
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 Title 18. All Sexually Oriented
Business facilities shall satisfy the requirements of this chapter and Title 18. (Ordinance
TBD).
5.10.030 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
A. "Sexually Oriented Arcade" means a commercial establishment containing individual
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.
B. "Sexually Oriented Business license" means a license issued by the Clerk of the
Board under this chapter to the owner or operator of a Sexually Oriented Business facility.
C. "Sexually Oriented Cabaret" means a nightclub, bar, restaurant, tavern, 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.
D. "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 fewer than all patrons in the
Sexually Oriented Business facility at that time, 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.
E. "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.
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ATTACHMENT 6
F. "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.
G. "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 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 sto re;
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.
H. "Applicant" means a person or persons applying for a license under this chapter.
I. "County" means Jefferson County, Washington.
J. "Clerk of the Board" means Jefferson County, Washington, Clerk of the Board, staff
member, or designee assigned to carry out a particular Clerk of the Board assignment or
job function, as appropriate.
K. "Employee" means any person, including a manager, entertainer, or nude model, 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.
L. "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.
M. "Entertainer's license" means a license issued by the Clerk of the Board under this
chapter to an entertainer, or nude or semi-nude model.
N. "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.
O. "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
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ATTACHMENT 6
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.
P. "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, or nude or semi-nude model, a person in whose name a license has been
issued authorizing employment or entertainment in a sexually Oriented Business facility.
Q. "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.
R. "Manager's license" means a license issued by the Clerk of the Board under this
chapter to a manager or assistant manager of a Sexually Oriented Business facility.
S. "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.
T. "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.
U. "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.
V. "Other Sexually Oriented Business facility" means any commercial establishment not
defined herein where Sexually Oriented Business or sexually oriented materials are
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.
4[Paoc
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A TT ACHMENT 6
W. "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 chapter, a principal stockholder is a person who owns or controls 20
percent or greater interest in a Sexually Oriented Business facility.
X. "Person" means an individual, association, corporation, estate, firm, joint venture,
partnership, proprietorship, trust, or other legal entity.
Y. "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.
Z. "Sexually oriented materials" means any books, magazines, periodicals or other
printed materials, or any photographs, films, motion pictures, video cassettes, slides, or
other visuai 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.
AA. "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.
BB. "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 69.50 RCW) 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.
CC. "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
SIPage
ATTACHMENT 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. (Ordinance TBD).
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. (Ordinance TBD).
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 7.48A RCW 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. (Ordinance TBD).
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 activity taken as a whole appeals to the prurient 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 7.48A010; and
3. Whether the activity taken as a whole lacks serious literary, artistic, political or
scientific value. (Ordinance TBD).
Article II. Licensing Requirements
5.10.070 License required.
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A TT ACHMENT 6
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 Clerk of the Board 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 Clerk of
the Board 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 Clerk of the Board under this chapter.
D. It is unlawful for any person to work or perform as an entertainer unless that person is
the holder of a valid entertainer's license issued by the Clerk of the Board 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 Clerk of the Board 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 entertainer unless that person is licensed as an
entertainer 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. (Ordinance TBD).
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 1st to
December 31st. All license fees shall be payable on an annual prorated basis, 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;
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 Clerk of the Board.
A Jefferson County business license is required in addition to the Sexually Oriented
business license.
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.
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ATTACHMENT 6
C. All applications shall be submitted to the Clerk of the Board on a form supplied by the
county 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, 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 criminai offense.
8. A statement whether the appiicant 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.
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 weil
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.
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 Office
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
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ATTACHMENT 6
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 Clerk of the Board 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 Clerk of the Board within 21
calendar days following such acquisition and the person acquiring the interest shall submit
a complete application to the Clerk of the Board 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 sworn statement made under penalty of perjury, and with a signed
jurat of an officer authorized to administer oaths. (Ordinance TBD).
5.10.090 Application for manager's or entertainer's license.
A. No person shall work or perform as a manager, entertainer, or nude or semi-nude
model at a Sexually Oriented Business facility without a valid manager's or entertainer's
license issued by the Clerk of the Board.
B. All applications shall be submitted to the Clerk of the Board on a form supplied by the
county 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, 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
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ATTACHMENT 6
e. Any other form of identification that the Clerk of the Board 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 pe~ury 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 Clerk of the Board may request information or clarification in addition to that
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. (Ordinance TBD).
5.10.100 Initial investigation.
A. Upon receipt of a complete Sexually Oriented business license application, the Clerk
of the Board 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,
Sheriffs 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,
unless circumstances support extending the investigation. If the investigation is extended,
the Clerk of the Board 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
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ATTACHMENT 6
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 Clerk of the Board. 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 with 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. (Ordinance TBD).
5.10.110 Issuance and denial of licenses.
A. Issuance of Sexually Oriented Business License.
1. The Clerk of the Board shall grant or deny an application for an 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 5.10.100(A), in which case the
Clerk of the Board shall grant or deny an application for an Sexually Oriented business
license within 45 calendar days from the date a complete application is filed.
2. The Clerk of the Board shall issue an 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 Clerk of the Board 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 Clerk of the Board has failed to approve or deny the license application, in
which case the temporary license shall be valid until the Clerk of the Board approves or
denies the application, or until the final determination of any appeal from a denial of the
application. In no event may the Clerk of the Board extend the application review time for
more than an additional 20 days.
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ATTACHMENT 6
3. The Clerk of the Board 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 is 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, 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 l1e or she is working or
performing in the Sexually Oriented Business facility. Each entertainer shall carry his or her
license at all times he or she is working witl1in Jefferson County as an entertainer.
5. Each manager's or entertainer's license shall expire annually on December 31st.
C. Denial of License Application.
1, The Clerk of the Board shall deny a 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.
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 5.10.030(BB).
2. In the event the Clerk of the Board denies an application, the Clerk of the Board
shall do so in writing and shall state the specific reasons therefor, including applicable laws.
3. Denial of a license application is subject to appeal as set forth in JCC 5.10.150.
(Ordinance TBD).
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 cl1apter. 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 tile expiration date of tile 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.
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ATTACHMENT 6
G. In the event that the Clerk of the Board 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 Clerk of the
Board 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.
(Ordinance TBD).
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.
(Ordinance TBD).
5.10.140 Suspension and revocation of licenses.
A. The Clerk of the Board 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 Clerk of the Board. In the case of a suspension, the Clerk of the
Board shall return the license to the licensee at the expiration of the suspension period.
C. Suspension of License. The Clerk of the Board shall suspend a license for a period
not to exceed 30 calendar days if the Clerk of the Board determines that:
1. The licensee has refused to allow an inspection of the Sexually Oriented Business
facility as required by JCC 5.10.160; or
2. The licensee has not submitted a timely monthly report as required by JCC
5.10.170(B); or
3. 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 5.1 0.030(BB); or
4. The licensee has violated any applicable requirement of this chapter.
D. Revocation of License.
1. The Clerk of the Board shall revoke a license if the Clerk of the Board 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
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ATTACHMENT 6
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 entertainer 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 Clerk of the Board 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 the date the revocation
becomes effective. If, after revocation, the Clerk of the Board 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. (Ordinance
TBD).
5.10.150 Appeal of denial, suspension, or revocation of license.
A. In the event the Clerk of the Board denies, suspends or revokes a license issued
under this chapter, the Clerk of the Board 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. 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 Clerk of the Board 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.
B. If a licensee timely appeals a decision of the Clerk of the Board, 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 5.1 0.160(B).
C. Within 10 calendar days of receiving a timely appeal, the Clerk of the Board 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
Clerk of the Board at least five calendar days prior to the hearing.
E. The county hearing examiner shall uphold the decision of the Clerk of the Board
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
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ATTACHMENT 6
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. (Ordinance TBD).
5.10.160 Inspections and public health and safety suspensions.
A. An applicant or licensee shall permit authorized employees 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 statutes, 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 Clerk of
the Board 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. (Ordinance TBD).
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, and nude and semi-nude models.
B. Each Sexually Oriented Business facility licensed under this chapter shall file a
quarterly report with the Clerk of the Board including the names, addresses, and ages of all
persons employed or otherwise retained as managers, entertainers, and nude or semi-
nude models. (Ordinance TBD).
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 Clerk of the Board. 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 Clerk of the Board. (Ordinance TBD).
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ATTACHMENT 6
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.
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 warning 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, 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. (Ordinance TBD).
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
knowingiy permit an employee or entertainer to violate any provision of this section.
D. Tips. No entertainer shall solicit, accept, or receive a tip or gratuity 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.
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ATTACHMENT 6
E. Maintenance. All public areas shall be maintained in a clean and sanitary condition.
F. Lighting. A minimum lighting ievel 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 cabaret, including the patron seating areas, so that
all objects and patrons are plainly visible at all times.
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.
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. PATRONS ARE NOT PERMITTED TO
ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO
APPEAR NUDE OR SEMI-NUDE.
(Ordinance TBD).
5.10.210 Regulations specifically applicable to Sexually Oriented Arcades.
A. General. A Sexually Oriented Arcade shall satisfy JCC title 18, 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
booth" means the area where a patron or customer would be positioned while watching a
film, video or other photographic reproduction.n
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A TT ACHMENT 6
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.
(Ordinance TBD)
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