5.20.050 Adult entertainment business license – Application process.
(1) An application for an adult entertainment business license must be submitted in the name of the person proposing to operate the adult entertainment business and who would be liable under RCW Title 82 for the payment of business and occupation taxes on the privilege of operating the adult entertainment business.
(2) An application for an adult entertainment business license shall be made on a form, provided by the director, that requires the following information:
(a) For the applicant and each business control person:
(i) The legal name and any alias, stage name or previous name;
(ii) The date and place of birth;
(iii) The current residential and mailing addresses;
(iv) The business telephone number;
(v) The driver’s license number and issuing state;
(vi) The employment, business and occupational history for the three years immediately preceding the date of the application, including the name and address of employers or persons for whom the applicant or business control person performed services as an independent contractor;
(vii) Whether the applicant or business control person holds any other licenses under this chapter or an adult entertainment-related license issued by another jurisdiction; and, if so, the name and address of the businesses to which the licenses pertain;
(viii) Whether the applicant or business control person had, within the three years immediately preceding the date of the application, a license under this chapter or an adult entertainment-related license issued by another jurisdiction denied, suspended or revoked; and, if so, the name and location of the adult entertainment business to which the denied, suspended or revoked license pertained, the jurisdiction that took such action, the reason for the action, the date of the action and the status of any appeal of the action; and
(ix) Whether the applicant or business control person has been the subject of a bail forfeiture, adverse finding or conviction in connection with local, State or Federal criminal law, other than a parking offense or traffic infraction, within the five years immediately preceding the date of the application; and, if so, the nature of the crime and the date, location and nature of the judicial action taken;
(b) If the applicant is a corporation or a limited liability company:
(i) The legal name of the corporation;
(ii) The date and place of incorporation; and
(iii) The name and address of any registered agent for service of process;
(c) If the applicant is a partnership:
(i) The legal name of the partnership;
(ii) Whether the partnership is general or limited; and
(iii) The name and address of any registered agent for service of process;
(d) The applicant’s Federal and State tax identification numbers and/or social security number;
(e) The type or types of adult entertainment proposed for the business and the business’s proposed “doing-business-as” name;
(f) The location of the proposed adult entertainment business, including a legal description of the property, the common address and each telephone number assigned to the business;
(g) The name, address and telephone number of each owner and lessee of the property at which the adult entertainment business is proposed to be conducted;
(h) Whether the applicant proposes to serve liquor in the adult entertainment business and the status of the business’s liquor license or application for the liquor license; and
(i) Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.
(3) An application form for an adult entertainment business license must be accompanied by the following submittals:
(a) If the applicant is a corporation, evidence that the corporation is qualified to do business in the State of Washington. If the applicant is a partnership, a copy of the partnership agreement must be included;
(b) A sketch or diagram showing the configuration of the interior of the adult entertainment business, including a statement of total floor space occupied by the business. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
(c) For each applicant and business control person:
(i) Satisfactory documentation that the applicant or business control person is at least 18 years old; and
(ii) A complete set of fingerprints taken by the Police Department or sent directly to the director from another law enforcement agency;
(iii) Two two-inch by two-inch photographs of the applicant and business control person taken within six months of the date of the application showing only the full fact; and
(d) The license fee or fees established in this chapter.
(4) The application form must be verified and certified to be complete and true under penalty of perjury by the notarized signature of the applicant, if the applicant is an individual. If the applicant is a partnership or corporation, the notarized signature must be that of a general partner of the partnership or the president of the corporation. The director may request other information or clarification in addition to that provided in the application form if necessary to determine compliance with this chapter and applicable zoning, building, fire, public health and other ordinances, statutes and rules.
(5) On receipt of a completed application and all required submittals and information, the director shall provide copies of the application materials to the Police Department and such other city departments as the director deems appropriate to assess whether the proposed adult entertainment business complies with this chapter and applicable zoning, building, fire, public health and other ordinances, statutes and rules.
(6) The director and each department shall, within 25 days of the date of such application, inspect the application and premises and shall make a written report to the director whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is/are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to the premises construction shall contain a condition that the premises may not be open for business until the premises have been inspected and determined to be in substantial conformance with the drawing submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
(7) Within 30 days of the director’s receipt of an application and all required submittals and information, the director shall issue or deny the adult entertainment business license. If the director fails to issue or deny the license within the 30-day period, the license is deemed issued on the last day of the period and the applicant may operate, subject to all other provisions of this chapter, the business for which the license was sought.
(8) An adult entertainment business license at a minimum shall include on its face the name of the person to whom the license is issued, the “doing-business-as” name of the business, the specific type of adult entertainment business licensed, the license’s expiration date and the address of the adult entertainment business. The license shall be posted in a conspicuous place or near the entrance to the adult entertainment business so that it can be easily read at any time the business is open. (Ord. 05-02 § 3)