023-05 - Ordinance - Amending Chapter 5.20 CabaretsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held November 14, 2005,
ORDINANCE NO. 023-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REVISING AND RENAMING PORT
ORCHARD MUNICIPAL CODE CHAPTER 5.20 AS IT
RELATES TO THE LICENSING OF CABARETS.
Copies of Ordinance No. 023-05 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 023-05 will be
provided at a nominal charge.
City of Pori: Orchard
is elle Merlino
Deputy Clerk
Publish: Port Orchard Independent
November 19, 2005
Kitsapiggals0soundpublishir co
ORDINANCE NO. 023-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REVISING AND RENAMING PORT ORCHARD MUNICIPAL CODE
CHAPTER 5.20 AS IT RELATES TO THE LICENSING OF CABARETS.
WHEREAS, the purpose of this Ordinance is to update the rules and regulations as
they pertain to the licensing of places for dancing and performing music or other types of live
entertainment in connection with the business of selling of food or refreshments, including liquor;
and
WHEREAS, the regulation of such places is inthe public interest; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code chapter 5.20 shall be and is hereby
renamed and amended in its entirety to read as follow:
Chapter 5.20
CABARETS
Sections:
5.20.010 Definitions.
5.20.020 License required.
5.20.030 License — application; issuance.
5,20.040 License — fee.
5.20.050 License — term.
5.20.060 License — nontransferable; posting.
5.20.070 License — refusal, cancellation or revocation.
5.20.080 License subject to State Liquor Control Board rules.
5.20,090 Exemptions.
5.20.100 Violation — penalty.
5,20.110 Construction of chapter.
5.20.010 Definitions
For the purposes of this chapter, the words set forth in this section shall be defined
as follows:
"Cabaret" means any room, place or space in the city open for service to the public
or members in which the guests, patrons, entertainers or other persons are allowed to
dance, sing, or perform music or live entertainment, including comedy, in connection with
the restaurant business or the business of directly or indirectly selling food or refreshments,
including liquor, for consumption on or within the premises.
"Music or live entertainment" does not include radios, televisions, mechanical music
devices or jukeboxes used for the reproduction of music for the listening enjoyment of the
members or patrons only.
"Liquor" shall mean all beverages defined in RCW 66.04.010(21), as now or hereafter
amended.
Ordinance No. 023-05
Page 2 of 4
"Person" means one or more natural persons, firms, partnerships, or corporations,
whether acting by themselves or by servant, agent, or employee.
5.20.020 License Required
No person shall open up, conduct, manage, operate or maintain a cabaret without
having a license to do so issued by the city clerk in accordance with the provisions of this
chapter. Licenses shall be made available on a daily or annual basis.
5.20.030 License— Application; Issuance
(1) Any person desiring to maintain, keep or operate any such cabaret shall make
written application for license to do so and file the same with the city clerk. Such application
shall state the name of the applicant and address and place of business at which any
cabaret is operated as well as other information as deemed necessary bythe city clerk.
(2) The city clerk shall refer the application to the Police, Fire, Planning, and Finance
departments for compliance with all Federal, State and local laws and for recommendations
on the considerations referred to in Section 5.20.070. If the application is approved by all of
the departments, the city clerk shall Issue the license, upon payment by the applicant of the
fees required by Section 5.20.040.
5.20.040 License— Fees.
(1) The license fees shall be as follows:
(a) Daily license: $20.00
(b) Annual license: $100.00
(2) The annual license fee shall be payable prior to January 31" for the year
required or prior to commencement of business in the city. The annual license fee shall not
be prorated for a partial year but the full fee provided herein shall be payable regardless of
the date of application.
(3) For any license procured after the applicable date required in this section, there
is assessed and shall be collected by the city clerk, in addition to the required license fee, a
penalty of $10 per month, which shall not be prorated.
5.20.050 License —Term.
(1) Daily licenses shall expire at 2:00 a.m. on the day following the effective date of
the license.
(2) Annual licenses shall expire on the last day of each calendar year.
5.20.060 License— Nontransferable; Posting.
The license issued under this chapter shall be personal and nontransferable, and
shall at all times be conspicuously posted in the place of business for which it is issued.
Where a location of business of the licensee is changed, the licensee shall return the license
to the city clerk and a new license shall be issued for the new location of business without
charge. No person to whom a license has been issued pursuant to this chapter shall permit
or allow any other person to operate any business or display his/her license, nor shall such
other person operate under or display such license.
5.20.070 License — Refusal, cancellation or revocation.
(1) No cabaret license shall be issued to:
Ordinance No. 023-05
Page 3 of 4
(a) A person who has been convicted of a felony within five years prior to filing
of an application.
(b) A person who has been convicted of a violation of any federal or state law
or city ordinance concerning the manufacture, possession or sale of narcotics or controlled
substances as defined by the Revised Code of Washington.
(c) A person who has had a similar license revoked or suspended pursuant to
this Chapter or its predecessor.
(d) A person whose place of business is conducted by a manager or agent,
unless such manager or agent possesses the same qualifications required of the licensee.
(e) A partnership, unless all members thereof are qualified to obtain a license
as provided in this chapter.
(f) A corporation, unless all officers, directors and managers thereof are
qualified to obtain a license as provided in this chapter. Such license shall be issued to the
manager or other directing head of such corporation.
(2) The city clerk may refuse to issue a cabaret license, or may cancel or revoke
such license after it has been issued, if it is learned that the same was procured by fraud or
false representation of facts or that the applicant or permittee has failed to comply with the
provisions and requirements of this chapter or has violated any provision of this chapter or
for any other reason which, in the opinion of the chief of police, will be detrimental to the
public peace, health or welfare.
(3) In the event that the city clerk determines that a cabaret license should not be
issued or that grounds exist to cancel or revoke such license after it has been issued, then
the notice and appeal procedures set forth in Port Orchard Municipal Code 5.12.120 (2)
through (6) shall apply.
5.20.080 License subject to State Liquor Control Board rules.
Any license issued pursuant to this chapter shall be subject, where applicable, to any
rules or regulations of the State Liquor Control Board relating to the sale of intoxicating
liquor,
5.20.090 Exemptions.
This chapter shall not apply to private clubs holding valid licenses authorizing the sale
of alcoholic beverages for consumption on the premises but all clubs shall, nevertheless, be
subject to the rules and regulations of the State Liquor Control Board relating to music,
dancing, or entertainment within such club. For the purposes of this chapter, a "club" is an
organization of persons, incorporated or unincorporated, operated solely for fraternal,
benevolent, educational or athletic purposes and not for pecuniary gain.
5.20.100 Violation — Penalty.
Any person, firm or corporation violating any of the terms or provisions of this
chapter shall, upon conviction thereof, lose their license and be fined $500,00 or be
punished by imprisonment for a period of not more than six months, or by both such fine
and imprisonment.
5.20.110 Construction of chapter
This chapter shall not be construed as imposing a license fee upon the sale or
privilege of selling beer, wine or any intoxicating liquors, but rather as imposing a license fee
solely upon the business for the privilege of furnishing an opportunity to provide dancing,
exhibitions, theatrical performances, shows or other similar amusements.
Ordinance No. 023-05
Page 4 of 4
SECTION 2. Each and every provision of this Ordinance shall be deemed severable. In the
event that any portion of this Ordinance is determined by final order of a court of competent
jurisdiction to be void or unenforceable, such determination shall not affect the validity of the
remaining provisions thereof provided the intent of this Ordinance can still be furthered without the
invalid provision.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by the State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14" day of November 2005.
ATTEST:
Carol Et n, City CIA
_,�
APPROVED f0 FE�KM;: ' V
Attorney
KIM 1, ABEL, MAYOR
Sponsored by:
Rick Wyatf, Councilmember