File #: 2018-0148    Version:
Type: Ordinance Status: Passed
File created: 3/5/2018 In control: Committee of the Whole
On agenda: 5/7/2018 Final action: 5/7/2018
Enactment date: 5/16/2018 Enactment #: 18728
Title: AN ORDINANCE clarifying Title 6 of the King County Code, establishing a gender neutral code and making technical corrections; and amending Ordinance 1888, Article I, Section 2, as amended, and K.C.C. 6.01.010, Ordinance 1888, Article I, Section 4, and K.C.C. 6.01.030, Ordinance 1888, Article II, Section 4, and K.C.C. 6.01.080, Ordinance 1888, Article III, Section 1, and K.C.C. 6.01.110, Ordinance 1888, Article III, Section 5, as amended, and K.C.C. 6.01.150, Ordinance 2287, Section 6, and K.C.C. 6.04.060, Resolution 12714, Section 1, as amended, and K.C.C. 6.04.170, Resolution 12714, Section 4, as amended, and K.C.C. 6.04.200, Ordinance 7216, Section 6, as amended, and K.C.C. 6.08.042, Ordinance 4270, Section 4, as amended, and K.C.C. 6.08.090, Ordinance 4206, Section 4, as amended, and K.C.C. 6.08.100, Ordinance 13548, Section 4, and K.C.C. 6.09.030, Ordinance 13548, Section 13, and K.C.C. 6.09.120, Ordinance 13548, Section 15, and K.C.C. 6.09.140, Ordinance 13548, Section 17, and K.C...
Sponsors: Claudia Balducci, Jeanne Kohl-Welles, Kathy Lambert
Indexes: King County Code
Code sections: 6.01.010 - , 6.01.030 - ., 6.01.080 - ., 6.01.110 - ., 6.01.150 - ., 6.04.060 - ., 6.04.170 - ., 6.04.200 - ., 6.08.042 - ., 6.08.090 - ., 6.08.100 - ., 6.09.030 - ., 6.09.120 - ., 6.09.140 - ., 6.09.160 - ., 6.12.020 - ., 6.12.030 - ., 6.12.060 - ., 6.16.070 - ., 6.16.080 - ., 6.16.090 - ., 6.16.100 - ., 6.16.140 - ., 6.16.180 - ., 6.16.190 - ., 6.20.090 - ., 6.20.100 - ., 6.24.010 - ., 6.24.030 - ., 6.24.070 - ., 6.24.090 - ., 6.24.100 - ., 6.24.120 - ., 6.24.140 - ., 6.24.170 - ., 6.24.190 - ., 6.24.210 - ., 6.24.230 - ., 6.24.270 - ., 6.24.280 - ., 6.26.070 - ., 6.26.115 - ., 6.27A.240 - ., 6.28.080 - ., 6.32.030 - ., 6.36.060 - ., 6.36.070 - ., 6.36.090 - ., 6.36.100 - ., 6.36.110 - ., 6.36.120 - ., 6.36.130 - ., 6.36.140 - ., 6.40.040 - ., 6.40.050 - ., 6.40.090 - ., 6.40.100 - ., 6.40.110 - ., 6.40.120 - ., 6.52.050 - ., 6.56.020 - ., 6.56.050 - ., 6.56.080 - ., 6.56.090 - ., 6.56.100 - ., 6.56.120 - ., 6.56.140 - ., 6.56.150 - ., 6.56.160 - ., 6.56.170 - ., 6.60.060 - ., 6.60.070 - ., 6.60.080 - ., 6.60.090 - ., 6.60.100 - ., 6.60.120 - ., 6.60.130 - ., 6.60.140 - ., 6.64.690 - ., 6.72.020 - , 6.72.030 - ., 6.72.070 - ., 6.76.010 - *, 6.76.020 - ., 6.76.040 - ., 6.76.050 - ., 6.76.070 - ., 6.76.100 - ., 6.76.150 - ., 6.76.170 - ., 6.76.180 - ., 6.76.190 - ., 6.84.020 - ., 6.84.080 -
Attachments: 1. Ordinance 18728.pdf, 2. Affidavit of Publishing 4-4-18 SeattleTimes.pdf, 3. 2018-0148 AckLetter 3-18.pdf, 4. 2018-0148_SR_GNC.docx, 5. 2018-0148_ATT2_Summary.docx, 6. 2018-0148 hearing notice publish Seattle Times 4/4/18.doc, 7. Affidavit of Publishing Seattle Times 4-4-18.pdf, 8. 18728 Amendment package 5-7-18.pdf, 9. 2018-0148 adoption notice.doc, 10. 2018-0148 - 18728 Adoptiton Notice in Seattle Times on 5/30/18
Staff: Porter, Samantha

Title

AN ORDINANCE clarifying Title 6 of the King County Code, establishing a gender neutral code and making technical corrections; and amending Ordinance 1888, Article I, Section 2, as amended, and K.C.C. 6.01.010, Ordinance 1888, Article I, Section 4, and K.C.C. 6.01.030, Ordinance 1888, Article II, Section 4, and K.C.C. 6.01.080, Ordinance 1888, Article III, Section 1, and K.C.C. 6.01.110, Ordinance 1888, Article III, Section 5, as amended, and K.C.C. 6.01.150, Ordinance 2287, Section 6, and K.C.C. 6.04.060, Resolution 12714, Section 1, as amended, and K.C.C. 6.04.170, Resolution 12714, Section 4, as amended, and K.C.C. 6.04.200, Ordinance 7216, Section 6, as amended, and K.C.C. 6.08.042, Ordinance 4270, Section 4, as amended, and K.C.C. 6.08.090, Ordinance 4206, Section 4, as amended, and K.C.C. 6.08.100, Ordinance 13548, Section 4, and K.C.C. 6.09.030, Ordinance 13548, Section 13, and K.C.C. 6.09.120, Ordinance 13548, Section 15, and K.C.C. 6.09.140, Ordinance 13548, Section 17, and K.C.C. 6.09.160, Ordinance 1294, Section 2, as amended, and K.C.C. 6.12.020, Ordinance 1294, Section 3, and K.C.C. 6.12.030, Ordinance 1294, Section 6, as amended, and K.C.C. 6.12.060, Resolution 30983, Section 3, and K.C.C. 6.16.070, Resolution 30983, Section 4, as amended, and K.C.C. 6.16.080, Resolution 30983, Section 5, as amended, and K.C.C. 6.16.090, Resolution 30983, Section 6, as amended, and K.C.C. 6.16.100, Resolution 30983, Section 9 (part), and K.C.C. 6.16.140, Resolution 30983, Section 9 (part), as amended, and K.C.C. 6.16.180, Resolution 30983, Section 9 (part), and K.C.C. 6.16.190, Ordinance 2095, Section 9, as amended, and K.C.C. 6.20.090, Ordinance 2095, Section 10, as amended, and K.C.C. 6.20.100, Ordinance 1492, Section 1, as amended, and K.C.C. 6.24.010, Ordinance 1492, Section 5, as amended, and K.C.C. 6.24.030, Ordinance 1492, Section 9, and K.C.C. 6.24.070, Ordinance 1492, Section 11, and K.C.C. 6.24.090, Ordinance 1492, Section 12, and K.C.C. 6.24.100, Ordinance 1492, Section 17, as amended, and K.C.C. 6.24.120, Ordinance 1492, Section 19, and K.C.C. 6.24.140, Ordinance 1492, Section 22, and K.C.C. 6.24.170, Ordinance 1492, Section 24, and K.C.C. 6.24.190, Ordinance 1492, Section 26, and K.C.C. 6.24.210, Ordinance 1492, Section 28, and K.C.C. 6.24.230, Ordinance 1492, Section 32, and K.C.C. 6.24.270, Ordinance 1492, Section 33, and K.C.C. 6.24.280, Ordinance 6836, Section 7, as amended, and K.C.C. 6.26.070, Ordinance 10850, Section 6, and K.C.C. 6.26.115, Ordinance 10159, Section 26, as amended, and K.C.C. 6.27A.240, Resolution 23509, Section 4(b), and K.C.C. 6.28.080, Resolution 12750, Section 4, as amended, and K.C.C. 6.32.030, Resolution 36055, Section 5, and K.C.C. 6.36.060, Resolution 36055, Section 6, as amended, and K.C.C. 6.36.070, Resolution 36055, Section 8, and K.C.C. 6.36.090, Resolution 36055, Section 9, as amended, and K.C.C. 6.36.100, Resolution 36055, Section 10, and K.C.C. 6.36.110, Resolution 36055, Section 11, as amended, and K.C.C. 6.36.120, Resolution 36055, Section 12, as amended, and K.C.C. 6.36.130, Resolution 36055, Section 13, and K.C.C. 6.36.140, Ordinance 7919, Section 5, and K.C.C. 6.40.040, Ordinance 7919, Section 6, and K.C.C. 6.40.050, Ordinance 7919, Section 10, and K.C.C. 6.40.090, Ordinance 7919, Section 11, and K.C.C. 6.40.100, Ordinance 7919, Section 12, and K.C.C. 6.40.110, Ordinance 7919, Section 13, and K.C.C. 6.40.120, Ordinance 187, Section 5, and K.C.C. 6.52.050, Resolution 36053, Section 2, and K.C.C. 6.56.020, Resolution 36053, Section 5, and K.C.C. 6.56.050, Resolution 36053, Section 7, and K.C.C. 6.56.080, Resolution 36053, Section 8, and K.C.C. 6.56.090, Resolution 36053, Section 9, as amended, and K.C.C. 6.56.100, Resolution 36053, Section 11, and K.C.C. 6.56.120, Resolution 36053, Section 13, and K.C.C. 6.56.140, Resolution 36053, Section 14, and K.C.C. 6.56.150, Resolution 36053, Section 15, as amended, and K.C.C. 6.56.160, Resolution 36053, Section 16, and K.C.C. 6.56.170, Resolution 36054, Section 5, and K.C.C. 6.60.060, Resolution 36054, Section 6, as amended, and K.C.C. 6.60.070, Resolution 36054, Section 7, and K.C.C. 6.60.080, Resolution 36054, Section 8, and K.C.C. 6.60.090, Resolution 36054, Section 9, as amended, and K.C.C. 6.60.100, Resolution 36054, Section 11, and K.C.C. 6.60.120, Resolution 36054, Section 12, as amended, and K.C.C. 6.60.130, Resolution 36054, Section 13, as amended, and K.C.C. 6.60.140, Ordinance 10498, Sections 80-85, as amended, and K.C.C. 6.64.690, Ordinance 8659, Section 2, as amended, and K.C.C. 6.72.020, Ordinance 8659, Section 3, and K.C.C. 6.72.030, Ordinance 8659, Section 8, and K.C.C. 6.72.070, Ordinance 1603, Section 1, as amended, and K.C.C. 6.76.010, Ordinance 1603, Section 2, and K.C.C. 6.76.020, Ordinance 1603, Section 4, and K.C.C. 6.76.040, Ordinance 1603, Section 5, and K.C.C. 6.76.050, Ordinance 1603, Section 7, as amended, and K.C.C. 6.76.070, Ordinance 1603, Section 10, and K.C.C. 6.76.100, Ordinance 1603, Section 17, and K.C.C. 6.76.150, Ordinance 1603, Section 19, and K.C.C. 6.76.170, Ordinance 1603, Section 20, and K.C.C. 6.76.180, Ordinance 1603, Section 21, and K.C.C. 6.76.190, Ordinance 11177, Section 4, and K.C.C. 6.84.020, Ordinance 11177, Section 10, and K.C.C. 6.84.080 and Ordinance 18618, Section 999, and K.C.C. 3.42.055.

Body

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Ordinance 1888, Article I, Section 2, as amended, and K.C.C. 6.01.010 are each hereby amended to read as follows:

                     For the purpose of all business license ordinances the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings:

                     A.  "Certificate" means any certificate or renewal of certificate issued pursuant to any business license ordinance;

                     B.  "Director" means for taxicabs and for-hire drivers and vehicles the manager of the records and licensing services division, department of executive services((,)) or ((his or her duly authorized representative)) designee.  For all other business licenses, permits or certificates, "director" means the director of the department of permitting and environmental review((,)) or ((his or her duly authorized representative)) designee;

                     C.  "License" means any license or renewal of license issued pursuant to any business license ordinance;

                     D.  "Licensee" means any person to whom a license or renewal of license has been issued pursuant to any business license ordinance;

                     E.  "Permit" means any permit or renewal of permit issued pursuant to any business license ordinance;

                     F.  "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity;

                     G.  "Registrant" means any person to whom a registration or renewal of registration has been issued pursuant to any business license ordinance;

                     H.  "Registration" means any registration or renewal of registration issued pursuant to any business license ordinance.

                     SECTION 2.  Ordinance 1888, Article I, Section 4, and K.C.C. 6.01.030 are each hereby amended to read as follows:

                     The director is authorized to make and enforce rules and regulations, not inconsistent with ((the provisions of)) any business license ordinance, and it is unlawful to violate or fail to comply with any of the rules and regulations.  All ((of)) such rules and regulations as promulgated by the director shall be reduced to writing and mailed to each licensee or permit holder ((for his information and for distribution)).  The licensee or permittee shall distribute such rules and regulations to ((his)) the licensee or permit holder's registrants or employees.

                     SECTION 3.  Ordinance 1888, Article II, Section 4, and K.C.C. 6.01.080 are each hereby amended to read as follows:

                     Any person licensed, registered or permitted pursuant to any business license ordinance shall notify the director of any change in ((his)) address((,)) or business name, or in the officers, directors((,)) or partners of ((such)) the person, within fourteen days of any such change.

                     SECTION 4.  Ordinance 1888, Article III, Section 1, and K.C.C. 6.01.110 are each hereby amended to read as follows:

                     A.  The director is authorized to make such inspections and take such action as may be required to enforce ((the provisions of)) any business license ordinance.

                     B.  Whenever necessary to make an inspection to enforce any of the provisions of any business license ordinance, or whenever the director has reasonable cause to believe that a licensee, registrant or permit holder is operating in violation of any business license ordinance, the director may enter such licensee's, registrant's or permit holder's place of business or entertainment, which is licensed, registered or permitted pursuant to any business license ordinance, at all reasonable times to inspect the same or perform any duty imposed on the director by any business license ordinance; provided, that, 1.  if the place of business or entertainment is occupied, the director shall first present proper credentials and demand entry; and 2.  if the place of business or entertainment is unoccupied, the director shall first make a reasonable effort to locate the licensee, registrant or permit holder or other person(((s))) or persons having charge or control of the place of business or entertainment and demand entry.

                     C.  No person shall fail or neglect, after proper demand, to admit the director, while acting within the scope of ((his)) the director's employment, to any place of business or entertainment licensed, registered or permitted pursuant to any business license ordinance, or to interfere with the director while in the performance of ((his)) the director's duty.

                     SECTION 5.  Ordinance 1888, Article III, Section 5, as amended, and K.C.C. 6.01.150 are each hereby amended to read as follows:

                     A.  The office of the hearing examiner is designated to hear appeals by parties aggrieved by actions of the director pursuant to any business license ordinance.  The examiner may adopt reasonable rules or regulations for conducting its business.  Copies of all rules and regulations adopted by the examiner shall be delivered to the director, who shall make them freely accessible to the public.  All decisions and findings of the examiner shall be rendered to the appellant in writing, with a copy to the director.

                     B.  For-hire transportation appeals under K.C.C. chapter 6.64 shall be filed in accordance with K.C.C. 20.22.080 and the hearing process conducted in accordance with K.C.C. chapter 20.22.  Subsections C. through H. of this section do not apply to this subsection B.

                     C.  Any person entitled to service under K.C.C. 6.01.130 may appeal any notice and order or any action of the director by filing at the office of the director within seven days from the date of service of such order, a written appeal containing;

                       1.  A heading in the words:  "Before the Office of the Hearing Examiner";

                       2.  A caption reading:  "Appeal of ........" giving the names of all appellants participating in the appeal;

                       3.  A brief statement setting forth the legal interest of each of the appellants in the business or entertainment involved in the notice and order;

                       4.  A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

                       5.  A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified((,)) or otherwise set aside;

                       6.  The signatures of all parties named as appellants, and their official mailing addresses; and

                       7.  The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

                     D.  As soon as practicable after receiving the written appeal, the examiner shall fix a date, time and place for the hearing of the appeal.  The date shall be neither less than ten days nor more than sixty days from the date the appeal was filed with the director.  Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each appellant by the examiner either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the appellant's address shown on the appeal.

                     E.  At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence as is pertinent and material to the action of the director.

                     F.  Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal.

                     G.  Failure of any person to file an appeal in accordance with ((the provisions of)) this section shall constitute a waiver of ((his)) the person's right to an administrative hearing and adjudication of the notice and order, or any portion thereof.

                     H.  Enforcement of any notice and order of the director shall be stayed during the pendency of an appeal therefrom ((which)) that is properly and timely filed.

                     SECTION 6.  Ordinance 2287, Section 6, and K.C.C. 6.04.060 are each hereby amended to read as follows:

                     A.  No person shall engage in the business of selling or offering or exhibiting for sale more than three novelty amusement devices in a year without a novelty amusement device vendor's license((; provided)).  ((h))However, ((that)) the requirement for such a license shall not exist where the director determines the intent of the seller, offeror or exhibitor is not to engage in this business.  In determining this intent, the director shall consider and weigh in a reasonable manner the following factors, to include but not be limited by:

                       1.  Nature of the sale;

                       2.  Parties to the sale;

                       3.  Frequency of sales in the past;

                       4.  Volume of the sale;

                       5.  Bargaining position of the parties to the sale;

                       6.  Position of the parties after the sale;

                       7.  ((Affect)) Effect of the license requirement on the parties;

                       8.  Good faith of the parties; and

                       9.  Protection of buyer regarding servicing and maintenance of the device(s) if bond is not required.  The fee for such license shall be five hundred dollars per year payable on January 1((st)) of each year or portion thereof.

                     B.  Each applicant for a novelty amusement device vendor's license shall file with the director a surety bond in a form approved by the director, executed by a surety company authorized to do business in this state running to the county of King, state of Washington, in the sum of ten thousand dollars conditioned that the applicant-vendor will furnish parts and ((repairmen)) repairs to any person to whom ((he)) the applicant-vendor may sell any novelty amusement device for a period of two years after the sale.  The bond shall state that it is for the use or benefit of the vendee who may have a cause of action against the vendor on the bond by reason of breach of the condition.

                     C.  The director shall deny the application for a license if the applicant fails to satisfy the surety bond requirement.

                     SECTION 7.  Resolution 12714, Section 1, as amended, and K.C.C. 6.04.170 are each hereby amended to read as follows:

                     For the purpose of this chapter ((the word)), "shuffleboard" means any game consisting of a raised table or platform in the shape of an elongated rectangle ((which)) that is supported on legs or a frame ((and which)), that has surfaces with scoring areas and ((which)) that is played by a hand-propelled ball, disk, puck or similar object((,)) and for which the winner or score is calculated by the resulting positions of such ball, disk, puck or similar object.  Shuffleboards owned by establishment owners may be coin operated under the control of the establishment owner or ((his authorized representative)) designee and subject to inspection by the ((Division of Business Licenses)) director.  An establishment owner ((of an establishment)) may own ((his own)) the shuffleboard to be used only on those premises.  ((He)) The establishment owner shall be required to pay a location license fee.

                     SECTION 8.  Resolution 12714, Section 4, as amended, and K.C.C. 6.04.200 are each hereby amended to read as follows:

                     The licenses set forth in this article shall be issued only upon written application therefor, which application shall be presented to the director, upon forms provided by ((him)) the director, and must state the names and residences of the owners and parties who operate, maintain or offer for use or play any such shuffleboard, the location where each of the same is to be operated, maintained or offered for use or play, and the number of shuffleboards at each location, and the license shall only be issued to applicants of good moral character and financial responsibility.  If the applicant is a ((co))partnership, each partner must possess the above qualifications.  If applicant is a corporation, the corporation must be licensed to do business in the state of Washington, and its officers, manager and/or agents must possess the qualifications set forth in this section.

                     SECTION 9.  Ordinance 7216, Section 6, as amended, and K.C.C. 6.08.042 are each hereby amended to read as follows:

                     An application for a public amusement/entertainment license must be submitted in the name of the person or entity proposing to provide such public amusement/entertainment on the business premises and shall be signed by such person or ((his)) the person's agent and notarized or certified as true under penalty of perjury.  All applications shall be submitted on a form supplied by the director, which shall require the following information:

                     A.  The name, current residential and mailing addresses, and date and place of birth of the applicant if the applicant is an individual, the partners if the applicant is a partnership and the officers and directors if the applicant is a corporation;

                     B.  The business name, address and telephone number of the establishment;

                     C.  If the applicant is a corporation, limited liability company or partnership, the legal name of the entity, the date and place of incorporation or formation, and the name and address of any registered agent for service of process;

                     D.  Whether the applicant proposes to serve any alcoholic beverages on the premises and the status of the business's liquor license or application for a liquor license issued by the Washington State Liquor ((Control)) and Cannabis Board; and

                     E.  The nature of the business conducted on the premises and the proposed public amusement/entertainment.

                     SECTION 10.  Ordinance 4270, Section 4, as amended, and K.C.C. 6.08.090 are each hereby amended to read as follows:

                     Applicants must submit, for any amusement place license for a race track or dragstrip, whether automobile or otherwise, where the expected attendance will exceed two thousand people at any single scheduled event, information as deemed appropriate by the ((department of public safety)) sheriff's office to insure that adequate traffic control and crowd protection policing has been arranged through private security agencies or, has been contracted for with the ((department of public safety)) sheriff's office.  A written notice that the applicant has complied with the requirement shall be issued by the ((director of the department of public safety)) sheriff or ((his)) designee before an amusement place license shall be issued; provided, that if the applicant should contract for traffic control and crowd protection policing with King County, in no event should the sum agreed upon in payment for such policing be less than the actual expense incurred by the county in providing that service.  Such consideration shall be calculated for personnel resources on the hourly rate for overtime under the current collective bargaining agreement, plus that percentage then being paid for fringe benefits, and all sums paid under such contract shall be paid in accordance with procedures specified by the ((King County O))office of ((F))finance and business operations.

                     SECTION 11.  Ordinance 4206, Section 4, as amended, and K.C.C. 6.08.100 are each hereby amended to read as follows:

                     The director shall revoke or suspend, for not more than one year, any public amusement/entertainment license if ((he or she)) the director determines that the licensee or applicant has:

                     A.  Obtained or renewed the license through a false, misleading or fraudulent omission or representation of material fact on the application; or

                     B.  Violated or permitted or authorized any violation of any provisions of this chapter by any person.

                     SECTION 12.  Ordinance 13548, Section 4, and K.C.C. 6.09.030 are each hereby amended to read as follows:

                     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "Adult entertainment" means a performance described in the definition of adult entertainment business in this section.

                     B.  "Adult entertainment business" means an adult arcade, an adult club or an adult theater, each as defined in the following, or a combination of an adult arcade, an adult club or an adult theater.

                       1.  "Adult arcade" means a bookstore, video store, membership club or other place:

                         a.  to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

                       b.  that provides one or more booths for viewing a live performance, as specified in the definition of an "adult club" in subsection B.2. of this section, or motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

                       2.  "Adult club" means a nightclub, membership club, bar, restaurant, salon, hall, studio or other place:

                         a.  to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance, and

                         b.  that provides, on a regular basis or as a substantial part of the activity on the premises, a live performance that: includes nudity; is distinguished or characterized by a predominant emphasis on depictions or simulations of sexual conduct; or otherwise constitutes an erotic performance.  A place that provides such a live performance only for viewing by an individual in a booth in accordance with this chapter is an adult arcade and not an adult club.

                       3.  "Adult theater" means a movie theater, bookstore, video store, membership club or other place:

                         a.  to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

                         b.  that provides a room or other area that can accommodate more than one person for viewing motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

                       4.  Notwithstanding any other provision of this chapter, "adult arcade," "adult club" and "adult theater" do not include:

                         a.  a theater or performing arts institution that presents a play, opera, musical, dance or other dramatic works that are not distinguished or characterized by a predominant emphasis on nudity or sexual conduct; or

                         b.  an educational institution, administered, licensed or recognized as a public or private educational institution by the state of Washington, that provides a modeling session or other class or seminar depicting nudity or sexual conduct.

                     C.  "Applicant" means a person who applies for an adult entertainment business license, an adult entertainment manager license or an adult entertainer license.

                     D.  "Booth" means a booth, cubicle, stall, room or enclosed space in an adult arcade, that is designed, constructed or used to hold or seat a single individual.

                     E.  "Business control person" means a partner, corporate officer, director, shareholder or other individual who has responsibility for the management of an adult entertainment business.

                     F.  "Business license" means an adult entertainment business license.

                     G.  "County" means King County, Washington.

                     H.  "Customer" means a customer, patron, club member or other individual who is invited or admitted to an adult entertainment business during its hours of operation, regardless of whether ((he or she)) that individual makes a purchase or pays a fee, charge, gratuity or other consideration.  However, "customer" does not include an employee or entertainer while the employee or entertainer is engaged in ((his or her)) the employee or entertainer's duties or performance.

                     I.  "Director" means the director of the department of information and administrative services or the director's designee.

                     J.  "Employee" means an individual, including an independent contractor, who works in or at or renders service directly related to the operation of an adult entertainment business, whether or not the person is paid compensation by the operator of the business.

                     K.  "Entertainer" means an individual who provides live adult entertainment in an adult club, whether or not a fee, tip or other consideration is charged or accepted for the entertainment.

                     L.  "Entertainer license" means a license for an entertainer issued under this chapter.

                     M.  "Erotic performance" means a performance, in an adult club, that is intended to sexually stimulate a customer.

                     N.  "Manager" means an individual who provides on-site management, direction or administration of the operation or conduct of any portion of an activity conducted in an adult entertainment business and includes an assistant manager working with or under the direction of a manager to carry out those purposes.

                     O.  "Manager license" means a license for a manager issued under this chapter.

                     P.  "Membership club" means a club that invites or accepts a membership application from the public.

                     Q.  "Nudity" or "nude" means:

                       1.  The exposure to view, by not completely covering with an opaque material, of the human ((male or female)) pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast;

                       2.  The exposure to view of a device or covering that simulates the appearance of the human ((male or female)) pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast; or

                       3.  The display of ((male)) genitalia in a discernible state of sexual stimulation, whether covered or not with opaque material.

                     R.  "Obscene" means a performance that:

                       1.  Taken as a whole, by an average person applying contemporary community standards, appeals to a prurient interest in sex;

                       2.  Taken as a whole, by an average person applying contemporary community standards, depicts patently offensive representations of the sexual acts described in RCW 7.48A.010(2)(b); and

                       3.  Taken as a whole, lacks serious literary, artistic, political or scientific value.

                     S.  "Performance" means an exhibition, display, appearance, dance, modeling, demonstration, show, pantomime or presentation of any kind, whether live or depicted in a motion picture film, video cassette, cable television show, computer-generated image, slide or other nonlive visual image.

                     T.  "Person" means an individual, firm, corporation, joint venture, partnership, association, membership club, ((fraternal)) social organization, estate, trust or other entity or group acting as a unit.

                     U.  "Premises" means the entire real estate parcel on which an adult entertainment business is located, including all interior areas and exterior areas such as parking areas.

                     V.  "Satisfactory documentation" means:

                       1.  A current, valid motor vehicle operator's license, issued by a state, bearing the applicant's photograph and date of birth;

                       2.  A current, valid identification card bearing the applicant's photograph and date of birth issued by a federal or state government agency; or

                       3.  A valid passport issued by the United States of America or another country.

                     W.  "Sexual conduct" means any of the following:

                       1.  Caressing, fondling or other erotic touching of genitalia, pubic region, buttocks, anus, female breast or artificial depictions of those anatomical areas, whether covered or not with opaque material; or

                       2.  An act of masturbation, genital intercourse, anal intercourse, fellatio, cunnilingus, sadomasochistic abuse or bestiality.

                     X.  "Sheriff's office" means the office of the King County sheriff.

                     SECTION 13.  Ordinance 13548, Section 13, and K.C.C. 6.09.120 are each hereby amended to read as follows:

                     On the premises of an adult club, the adult club and its business license holders, business control persons, managers, employees, entertainers and customers shall adhere to the following operating requirements and standards of conduct:

                     A.  Business license holder and business control persons responsible.  The adult entertainment business license holder and any business control persons shall be responsible for and shall assure that the conduct of the managers, entertainers, employees and customers of the adult club complies with this chapter;

                     B.  Licensed manager required on premises.  During all hours of operation, the adult club must have a licensed manager on duty stationed in a location from which the manager can view every live adult entertainment stage, stage setback area and customer area of the business;

                     C.  Licensed manager responsible.  The on-duty manager is responsible for and shall assure that the conduct of the entertainers, employees and customers of the adult club complies with this chapter;

                     D.  Posting of licenses.  The holder of the adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open.  The manager shall post ((his or her)) the manager's license next to the business license when ((he or she  is)) on duty as the manager.  An entertainer shall provide ((his or her)) the entertainer's license to the manager on duty who shall maintain the entertainer's license on the premises for immediate inspection when the entertainer is on the premises.  The manager shall, on request by the director or any law enforcement officer, make available for inspection the license of an entertainer on the premises;

                     E.  Records of entertainers and employees.  The adult club must maintain, on a form prescribed by the director, a record by date and shift of the name, stage name if any, entertainer license number and date of birth of each person who worked as an employee or performed as an entertainer at the club.  The record of each person must be retained for at least one year after the work or performance was performed at the club;

                     F.  Prohibited hours of operation.  The business license holder, business control person or manager may not operate the adult club, or allow the adult club to be open to customers, between two a.m. and ten a.m.;

                     G.  Minors prohibited.  An individual under eighteen years old may not be in or on the premises.  The business license holder, business control person or manager may not permit or allow a person under eighteen years old to be in or on the premises;

                     H.  Alcohol prohibited without a license.  An individual may not possess, consume or serve an alcoholic beverage unless, and to the extent, the adult club is covered by a valid liquor license issued by the Washington State Liquor ((Control)) and Cannabis Board;

                     I.  Nudity and erotic performances permitted only on stage.  An individual may not expose nudity or engage in any erotic performance except on a stage meeting the facility requirements of this chapter;

                     J.  Sexual conduct prohibited.  An individual may not engage in sexual conduct;

                     K.  Obscene performances prohibited.  An individual may not engage in an obscene performance;

                     L.  Customers prohibited onstage or in stage setback area.  A customer may not enter on the stage or the stage setback area;

                     M.  Separate restroom facilities.  An employee or entertainer may not enter a customer restroom and a customer may not enter an employee and entertainer restroom;

                     N.  Tips, gratuities and payments to entertainers.  An entertainer performing on a live adult entertainment stage may not accept a tip, gratuity or other payment offered directly to the entertainer by a customer.  A tip, gratuity or other payment offered to an entertainer performing on a live adult entertainment stage must be placed into a receptacle located outside the stage and stage setback area provided through a manager on duty on the premises; and

                     O.  Warning device prohibited.  A person may not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an entertainer, employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises.

                     SECTION 14.  Ordinance 13548, Section 15, and K.C.C. 6.09.140 are each hereby amended to read as follows:

                     On the premises of an adult arcade, the adult arcade and its business license holders, business control persons, managers, employees, entertainers and customers shall adhere to the operating requirements and standards of conduct specified in the following:

                     A.  Business license holder and business control persons responsible.  The adult entertainment business license holder and any business control person shall be responsible for and shall assure that the conduct of the managers, employees, entertainers and customers of the adult arcade complies with this chapter;

                     B.  Licensed manager required on premises.  The adult arcade must, during hours of operation, have a licensed manager on duty who is stationed in a location from which every booth and customer area of the business is visible at all times, either by direct line of sight or by continuous video monitoring;

                     C.  Licensed manager responsible.  The on-duty manager is responsible for and shall assure that the conduct of the entertainers, employees and customers of the adult arcade complies with this chapter;

                     D.  Posting of licenses.  The holder of the adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open.  The manager shall post ((his or her)) the manager's license next to the business license when ((he or she is)) on duty as the manager;

                     E.  Prohibited hours of operation.  The adult arcade business license holder, business control person or manager may not operate the adult arcade or allow the adult arcade to be open to customers between two a.m. and ten a.m.;

                     F.  Minors prohibited.  An individual under eighteen years old may not be in or on the premises of the adult arcade.  The adult arcade business license holder, business control person or manager may not permit or allow a person under eighteen years old to be in or on the premises;

                     G.  Alcohol prohibited without license.  An individual may not possess, consume or serve an alcoholic beverage in the adult arcade unless, and to the extent, the business is covered by a liquor license issued by the Washington State Liquor ((Control)) and Cannabis Board;

                     H.  Live performances.  A live performance provided in the arcade must be conducted in a performance area that is inaccessible to a customer and separated from an individual in a booth in accordance with the facility specifications of this chapter;

                     I.  Obscene performances prohibited.  An obscene performance may not be displayed or exhibited;

                     J.  Sexual conduct prohibited.  An individual may not engage in sexual conduct;

                     K.  Single occupancy of booths.  An individual may not be present in a booth with one or more other individuals; and

                     L.  Warning device prohibited.  A person may not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises.

                     SECTION 15.  Ordinance 13548, Section 17, and K.C.C. 6.09.160 are each hereby amended to read as follows:

                     On the premises of an adult theater, the adult theater and its business license holders, business control persons, managers, employees and customers shall adhere to the operating requirements and standards of conduct as specified in the following:

                     A.  Business license holder and business control persons responsible.  The adult entertainment business license holder and any business control person shall be responsible for and shall assure that the conduct of the managers, employees and customers of the adult theater complies with this chapter;

                     B.  Licensed manager required on premises.  The adult theater must have, during hours of operation, a licensed manager on duty who is stationed in a location from which every viewing area and all customer areas of the business are visible at all times either by direct line of sight or by continuous video monitoring;

                     C.  Licensed manager responsible.  The on-duty manager is responsible for and shall assure that the conduct of the employees and customers of the adult theater complies with this chapter;

                     D.  Posting of licenses.  The holder of an adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open.  The manager shall post ((his or her)) the manager's license next to the business license when ((he or she is)) on duty as the manager;

                     E.  Prohibited hours of operation.  The adult theater business license holder, business control person or manager may not operate the adult theater or allow the adult theater to be open to customers between two a.m. and ten a.m.;

                     F.  Minors prohibited.  An individual under eighteen years old may not be in or on the premises of the adult theater.  An adult theater business license holder, business control person or manager may not permit or allow a person under eighteen years old to be in or on the premises;

                     G.  Alcohol prohibited without license.  An individual may not possess, consume or serve an alcoholic beverage in the adult theater unless, and to the extent, the business is covered by a liquor license issued by the Washington State Liquor ((Control)) and Cannabis Board;

                     H.  Obscene performances prohibited.  An obscene performance may not be displayed or exhibited in the adult theater;

                     I.  Sexual conduct prohibited.  An individual may not engage in sexual conduct; and

                     J.  Warning device prohibited.  A person may not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises.

                     SECTION 16.  Ordinance 1294, Section 2, as amended, and K.C.C. 6.12.020 are each hereby amended to read as follows:

                     For the purpose of this chapter and unless the context plainly requires otherwise the following definitions are adopted:

                     A.  A "billiard table" is a raised oblong felt covered table with raised cushioned edges, or any substantially similar device on which is played the game known as billiards or pool involving the use of a long tapering stick called a cue to propel pool or billiard balls;

                     B.  A "pool table" is a billiard table with a pocket in each corner and at the middle of both sides, used for playing pool, the game wherein numbered balls are propelled into the pockets by persons using a cue;

                     C.  An "operator" is a person who owns, operates or controls any pool or billiard table.  An operator who owns or leases ((his)) the person's place of business shall be allowed to own and operate ((his own)) the person's own pool tables and billiard tables upon compliance with this chapter; and

                     D.  A "vendor" is any person or firm or agent thereof that distributes or sells coin operated pool tables or billiard tables.

                     SECTION 17.  Ordinance 1294, Section 3, and K.C.C. 6.12.030 are each hereby amended to read as follows:

                     Pool tables and billiard tables ((as referred to in Section 6.12.010)) shall be activated by the player by the insertion of a coin into a locked coin chute device or by a device under the control of the owner or ((his duly appointed representative)) designee.

                     SECTION 18.  Ordinance 1294, Section 6, as amended, and K.C.C. 6.12.060 are each hereby amended to read as follows:

                     A.  For pool tables and billiard tables operating in a business establishment, the fee shall be (($100.00)) one hundred dollars per table, up to a (($500)) five-hundred-dollar maximum per establishment.

                     All licenses shall expire one year from the date of application.  Any person purchasing a coin operated pool table must show by receipt, bill of sale or contract or letter that the table was purchased from a licensed vendor before a license shall be issued to ((him)) the purchaser.

                     B.  A vendor shall pay an annual license fee of one hundred dollars from date of issuance of license.

                     SECTION 19.  Resolution 30983, Section 3, and K.C.C. 6.16.070 are each hereby amended to read as follows:

                     ((The following)) A person((s)) shall not be granted a license((;)) if one of more of the following applies to the person:

                     A.  The person ((H))has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least ninety days prior to the date of the application; provided, upon the death of a person doing business, ((his or her)) the person's heirs, devisees or legatees shall have the right to apply at any time for a license;

                     B.  The person ((H))has held a sale, as regulated by this chapter, at the location stated in the application for license within six months from the date of such applications; and

                     C.  The person ((H))has been convicted of violating this chapter or any part hereof, or a person who ((has in his)) employs another person for the conduct of the sale as regulated by this chapter ((one)) who has been convicted of violating this chapter within a period of one year prior to the date of the application for a license.

                     SECTION 20.  Resolution 30983, Section 4, as amended, and K.C.C. 6.16.080 are each hereby amended to read as follows:

                     No license to conduct a sale((, as defined herein,)) shall be granted except upon written application to the director which shall be signed and sworn to by the person who intends to conduct ((such)) the sale or ((his  duly authorized agent)) designee.  Such application shall contain the following ((information)):

                     A.  The true name, home address and business address of the owner of the goods to be the object of the sale and the true name, home address and business address of the person who shall conduct the sale if not the owner of the goods;

                     B.  Whether the proposed sale is to be held at the applicant's or owner's existing, regularly established place of business;

                     C.  Description, by street address or location, and kind of building where such sale is to be held;

                     D.  The nature of the occupancy, whether by ownership, lease or sublease((;)), and, if by lease or sublease, the effective date of the termination of ((same)) the lease or sublease;

                     E.  The dates when such sale is to be conducted;

                     F.  A copy of all advertisements or a statement of all advertising themes to be used in connection with such sale and a statement of the means or methods of advertising to be used in advertising such sale;

                     G.  A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;

                     H.  A complete and detailed inventory setting forth the amount and description of goods to be sold at such sale, and the date of acquisition of such goods and the name and address of the person from whom obtained and the place from which such goods were last taken.  The inventory shall be attached to and become part of the required application.  The director may require in addition that all goods listed upon the inventory be so described in detail by manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise that the identity of such goods with the goods listed on such inventory can be readily determined.  In addition, the director may require a listing of each article to be sold together with an inventory number for each article;

                     I.  A showing that the applicant has made a return to the King County assessor of the property in ((his)) the applicant's possession or ownership and the value thereof for tax assessment purposes, and that the applicant has paid any tax due; and

                     J.  Such other information as the director may require.

                     SECTION 21.  Resolution 30983, Section 5, as amended, and K.C.C. 6.16.090 are each hereby amended to read as follows:

                     Upon filing of the application, the director may make or cause to be made an examination, audit or investigation of the applicant and ((his)) the applicant's affairs in relation to the proposed sale.  If the director finds that the statements in the application are true, that the inventory is complete, that the advertising or advertising theme set forth is not false, fraudulent, deceptive or misleading in any respect, and that the methods to be used by the applicant in conducting the sale are not such as, in the opinion of the director, will work a fraud upon the purchasers, the director shall issue a license to conduct such sale in accordance with ((the provisions of)) this chapter((; provided)).  However, the director may refuse to issue a license because of the insufficiency of the information set forth in the application, but in such event the applicant shall be permitted to file an amended application((; further provided, that)).  Also, no license shall be issued until the applicant shows that ((he)) the applicant has made a return to the King County assessor of the property in ((