A. The operation of adult entertainment businesses has historically and regularly been accompanied by secondary effects that are detrimental to the public health, safety, morals and general welfare of the community. Such secondary effects include significant criminal activity and activities injurious to the public health, safety, morals and general welfare of the community, detrimental effects on nearby businesses and residential areas and a decline in property values in the area of the adult entertainment businesses. This history of criminal and injurious activity includes prostitution, narcotics and liquor law violations, breaches of the peace, assaults, employment or involvement of minors, sexual conduct between customers or between customers and entertainers, the opportunity for the spread of sexually transmitted diseases, use and distribution or obscenity, and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. Accordingly, there is a compelling need and interest to regulate adult entertainment businesses as provided in this chapter to protect and promote the public health, safety, morals and general welfare of the citizens of Moses Lake.

B. In the absence of regulation, these activities occur regardless of whether adult entertainment is presented in conjunction with the sale of alcoholic beverages.

C. The resources available for responding to problems associated with adult entertainment businesses are limited and are most efficiently and effectively utilized through a licensing and regulatory program.

D. The license fees required in this ordinance are necessary as reasonable fees imposed to help defray the costs of processing the license applications and the substantial expenses incurred by Moses Lake in regulating the adult entertainment industry.

E. Licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

F. Adult entertainment businesses have historically engaged in practices that involve secreting ownership interests for such purposes as money laundering, skimming profits, and tax evasion. These hidden ownership interests have, on occasion, been held by individuals and entities reputed to be involved in organized crime. To detect and discourage the involvement of organized crime in the adult entertainment industry, to effectively deploy its limited law enforcement resources, and to effectively protect the public health, safety, morals, and general welfare of its citizenry, the city must be fully apprised of the actual and controlling interests of adult entertainment businesses and the identities and criminal backgrounds of persons responsible for the management and control of such businesses.

G. To detect and discourage the involvement of organized crime in the adult entertainment industry, to prevent the exploitation of minors, to assure the correct identification of persons working in adult entertainment businesses, to effectively deploy its limited law enforcement resources, and to effectively protect the public health, safety, morals, and general welfare of its citizenry, the city must be fully appraised of the identity, age, and criminal background of managers in adult entertainment businesses.

H. It is necessary to have a licensed manager on the premises of an adult entertainment business during all hours of operation so there will be a person responsible for the overall operation of the business, including the actions of customers, entertainers, and other employees. To monitor the actions of these individuals, a manager must be able to observe these individuals at all times.

I. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible, and to ensure that such entertainers are not involved in criminal activity.

J. Contact between entertainers and patrons of adult entertainment businesses facilitates sexual conduct, prostitution, transactions involving controlled substances, and other crimes. The concern over unlawful sexual activities and related crimes is a legitimate health concern of the city which demands reasonable regulation of adult entertainment businesses in order to protect the health and well-being of the citizens.

K. To prevent sexual conduct from occurring between entertainers and customers, customers must be prohibited from any stage where adult entertainment occurs and be prohibited from passing tips, gratuities, or other payments directly to entertainers performing on stage.

L. Adult entertainment businesses have historically attempted to prevent law enforcement and licensing officials from detecting sexual conduct, prostitution, sale and distribution of controlled substances, and other violations of law occurring on the premises by employing warning systems, maintaining a low level of lighting, and other techniques. It is necessary, to effectively enforce this ordinance and to protect the public health, safety, morals and general welfare of the city’s citizenry, that adult entertainment businesses be required to maintain a minimum level of lighting, that warning devices and systems be prohibited, and that unannounced inspections be permitted by city licensing and law enforcement personnel.

M. Adult arcades provide booths for individual viewing of live performances, videos, and films distinguished or characterized by an emphasis on nudity or sexual conduct. To detect and deter sexual conduct by customers, to require maintenance of clean and sanitary conditions, and to reduce the potential for the spread of sexually transmitted diseases, it is necessary to regulate the configuration and facility specifications of adult arcades as set forth in this chapter, including but not limited to restricting the occupancy of a booth to one person.

N. An adult arcade might attempt to circumvent the limit of one (1) person per booth by creating a small room, labeled a “mini theater” rather than a booth, in which two (2) , three (3), or a small number of individuals would be able to view videos and films distinguished or characterized by an emphasis on nudity or sexual conduct. Moreover, traditional-sized theaters might also show such videos or films. Customers have used both traditional adult theaters and “mini theater” within arcades as places to engage in sexual conduct. To detect and deter such conduct and reduce the potential for the spread of sexually transmitted diseases, it is necessary to regulate the configuration and facility specifications, as set forth in this chapter, of spaces used by more than one (1) individual to view adult entertainment. In particular, it is necessary to require that any group viewing area for such videos and films have a minimum of eight (8) seats which may be accessed by customers without reservation in order to prevent or diminish a sense of privacy and intimacy which would be conducive to and enabling of sexual conduct between customers.

O. To assure that minors are not subjected to adult entertainment, it is necessary to prohibit adult entertainment businesses from allowing adult entertainment performances, or pictorial representations of adult entertainment performances displaying nudity or sexual conduct, from being visible from outside the business.

P. To discourage customers of bars and other alcohol-serving businesses from moving to adult entertainment businesses at two (2) a.m. for “after hours” activities, and the increased likelihood of breaches of the peace and other criminal conduct that arise from those customers, and to reduce the adverse secondary effects of adult entertainment businesses on minors and the community, it is necessary to restrict the closing time of adult entertainment businesses.

Q. The detrimental secondary effects are serious and pose the greatest threat to the welfare of the citizens of Moses Lake when conducted in close proximity to places where minors gather. The need to protect minors from the criminal and other unlawful activities associated with adult entertainment establishments is compelling. Regulation is necessary to ensure that adult entertainment businesses are located a reasonable distance away from places where minors regularly gather, to reduce the likelihood of minors becoming victims of crimes or gaining access to such businesses.

R. Protecting the character of residential neighborhoods is important to the welfare of the citizens of Moses Lake. Adult entertainment businesses are not compatible with residential neighborhoods due to the documented secondary effects. The setback from residential areas required by this ordinance are necessary to minimize these secondary effects.

S. Adult entertainment businesses have adverse secondary effects on the economic vitality of nearby businesses. Adult entertainment businesses also cause declines in property values in both commercial and residential areas that are near such businesses.

T. The adverse economic and social effects and the increased criminal activity that adult entertainment businesses can bring to a community cannot be understated. Allowing concentration of these businesses only serves to further magnify the level of these secondary effects. The requirement for significant distance between these businesses will reduce these effects and will ensure that no one (1) area will be burdened with a disproportionate number of these businesses. (Ord. 2130, 10/28/03)