Chapter 6.48
EROTIC DANCE STUDIOS
Sections:
6.48.010 Purpose of regulations.
6.48.030 Prima facie evidence of erotic dance studio.
6.48.130 Dancer’s license – Required.
6.48.140 Dancer’s license – Application to auditor.
6.48.150 Dancer’s license – Information required.
6.48.160 Dancer’s license – Fee.
6.48.170 Dancer’s license – Issuance.
6.48.180 Dancer’s license – Expiration.
6.48.190 Dancer’s license – Exclusive to business.
6.48.210 Dancer’s license – Renewal – Revocation.
6.48.230 Operation restrictions – Unlawful acts designated.
6.48.240 Inspection of records and premises authorized when.
6.48.250 Public display prohibited.
6.48.260 Unlawful acts deemed public nuisances – Enforcement actions.
6.48.010 Purpose of regulations.
The purpose of this chapter is to regulate erotic dance studios to the end that the many types of criminal activities frequently engendered by such studios will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition, otherwise a protected form of expression would vanish. This chapter represents a balancing of competing interests: reduced criminal activity through the regulation of erotic dance studios versus the protected rights of erotic dancers and patrons.
(Ord. 92 (1983) § 1, 1983)
6.48.020 Definitions.
In this chapter, the following definitions shall apply unless the context clearly requires otherwise:
(1) “Auditor” means the Kitsap County auditor.
(2) “Board” means the Kitsap County board of county commissioners.
(3) “Dancer” means a person who dances or otherwise performs for an erotic dance studio and seeks to arouse or excite the patrons’ sexual desires.
(4) “Department” means the Kitsap County department of community development.
(5) “Erotic dance studio” means a fixed place of business which emphasizes and seeks, through one or more dancers, to arouse or excite the patrons’ sexual desires.
(6) “Sheriff” means the Kitsap County sheriff.
(Ord. 92-A (1983) § 1, 1983: Ord. 92 (1983) § 2, 1983)
6.48.030 Prima facie evidence of erotic dance studio.
It shall be prima facie evidence that a business is an erotic dance studio when one or more dancers displays or exposes, with less than a full opaque covering, that portion of the female breast lower than the upper edge of the areola.
(Ord. 92 (1983) § 3(a), 1983)
6.48.040 (Repealed)
* Editor’s Note: Former Section 6.48.040, “Studio license – Application to auditor,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(a) of Ordinance 92 (1983) were formerly codified in this section.
6.48.050 (Repealed)
* Editor’s Note: Former Section 6.48.050, “Studio license – Information required,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(b) of Ordinance 92 (1983) were formerly codified in this section.
6.48.060 (Repealed)
* Editor’s Note: Former Section 6.48.060, “Studio license – Fee,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(c) of Ordinance 92 (1983) were formerly codified in this section.
6.48.070 (Repealed)
* Editor’s Note: Former Section 6.48.070, “Studio license – Transmittal of application,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(d) of Ordinance 92 (1983) were formerly codified in this section.
6.48.080 (Repealed)
* Editor’s Note: Former Section 6.48.080, “Studio license – Issuance,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(e) of Ordinance 92 (1983) were formerly codified in this section.
6.48.090 (Repealed)
* Editor’s Note: Former Section 6.48.090, “Studio license – Expiration,” was repealed by Ordinance 243 (1999). Subsection 3 (part) of Ordinance 92-A (1983) and § 4(f) of Ordinance 92 (1983) were formerly codified in this section.
6.48.110 (Repealed)
* Editor’s Note: Former Section 6.48.110, “Studio license – Renewal – Revocation,” was repealed by Ordinance 243 (1999). Subsection 4 of Ordinance 92-A (1983) and § 5(a) of Ordinance 92 (1983) were formerly codified in this section.
6.48.130 Dancer’s license – Required.
No person shall dance at an erotic dance studio without a valid dancer’s license issued by the auditor.
(Ord. 92-A (1983) § 5, 1983: Ord. 92 (1983) § 6, 1983)
6.48.140 Dancer’s license – Application to auditor.
Applications for dancers’ licenses shall be made to the auditor.
(Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(a), 1983)
6.48.150 Dancer’s license – Information required.
An application for dancer’s license shall contain or set forth the following information:
(1) The applicant’s name, home addresses (current and former), home telephone number, date of birth, and aliases (past or present);
(2) The business name and address where the applicant intends to dance.
(Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(b), 1983)
6.48.160 Dancer’s license – Fee.
Applications shall be accompanied by a nonrefundable fee of fifty dollars.
(Ord. 92-B (1993) § 2, 1993: Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(c), 1983)
6.48.170 Dancer’s license – Issuance.
Within five days of receipt of an application for a dancer’s license, the auditor shall issue such.
(Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(d), 1983)
6.48.180 Dancer’s license – Expiration.
A dancer’s license shall expire on December thirty-first of the year in which it is issued.
(Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(e), 1983)
6.48.190 Dancer’s license – Exclusive to business.
A dancer’s license shall entitle a dancer to dance only at the business indicated on the dancer’s license application.
(Ord. 92-A (1983) § 6 (part), 1983: Ord. 92 (1983) § 7(f) 1983)
6.48.210 Dancer’s license – Renewal – Revocation.
A dancer’s license may be renewed by following the application procedure set forth in Sections 6.48.140 through 6.48.190.
(Ord. 92-A (1983) § 7, 1983: Ord. 92 (1983) § 8(a), 1983)
6.48.230 Operation restrictions – Unlawful acts designated.
(a) No person, firm, partnership, corporation or other entity shall advertise, or cause to be advertised, an erotic dance studio without a valid erotic dance studio license issued pursuant to this chapter.
(b) No later than March first of each year an erotic dance studio licensee shall file a verified report with the auditor showing the licensee’s gross receipts, and amounts paid to dancers for the preceding calendar year.
(c) An erotic dance studio licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers by the licensee.
(d) No erotic dance studio licensee shall employ as a dancer a person under the age of eighteen years or a person not licensed pursuant to this chapter.
(e) No person under the age of eighteen years shall be admitted to an erotic dance studio.
(f) An erotic dance studio shall be closed between 2:00 a.m. and 8:00 a.m.
(g) No erotic dance studio licensee shall serve, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee.
(h) An erotic dance studio licensee shall conspicuously display all licenses required by this chapter.
(i) All dancing shall occur on a platform intended for that purpose which is raised at least two feet from the level of the floor.
(j) No dancing shall occur closer than ten feet to any patron.
(k) No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer.
(l) No patron shall directly pay or give any gratuity to any dancer.
(m) No dancer shall solicit any pay or gratuity from any patron.
(Ord. 92-C (1993) § 1, 1993: Ord. 92-D (1993) § 1, 1993: Ord. 92 (1983) § 9, 1983)
6.48.240 Inspection of records and premises authorized when.
All books and records required to be kept pursuant to this chapter shall be open to inspection by the sheriff, prosecuting attorney, or agents thereof during the hours when the erotic dance studio is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.
(Ord. 92-A (1983) § 8, 1983: Ord. 92 (1983) § 10, 1983)
6.48.250 Public display prohibited.
No person, firm, partnership, corporation or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person’s genitals, pubic area or buttocks in a lewd and obscene fashion.
(Ord. 92-A (1983) § 2, 1983: Ord. 92 (1983) § 3(b), 1983)
6.48.260 Unlawful acts deemed public nuisances – Enforcement actions.
Any activity, act or conduct contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance, and such activity, act or conduct may be enjoined by an action brought by the prosecuting attorney or other interested person.
(Ord. 92 (1983) § 11, 1983)
6.48.270 Violation – Penalty.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted, and upon conviction of any such violation such person, firm or corporation shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the sheriff or prosecuting attorney or duly appointed agent thereof.
(Ord. 92 (1983) § 12, 1983)