18.73.010 Definitions:
For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
A. “Adult cabaret or adult entertainment business” means any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public.
B. “Adult entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
C. “Adult Entertainment Business” means an establishment to which customers are invited or permitted access, and which, for consideration of any kind, offers adult materials to such customers when any live, video, or film materials are displayed to customers while on the premises. Adult entertainment businesses include, but are not limited to, any adult mini-theater, adult motion picture theater, adult arcade, or live adult entertainment establishments, as defined below.
D. “Adult arcade”, “adult panorama theater” or “adult panorama” means any place to which the public is permitted or invited and where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas.”
E. “Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, digital video disk, recorded graphic or visual imagery, human conduct, or any other medium, which material is intended to provide sexual stimulation or sexual gratification, and which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult material” also includes any instrument, device, or paraphernalia designed for use in connection with specified sexual activities.
F. “Adult motion picture theater” means an enclosed or drive-in theater with a capacity of 8 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
G. “Adult mini theater” means an enclosed or drive-in theater used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
H. “Adult panorama theater” or “adult panorama” means any place to which the public is permitted or invited and where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas.”
I. “Applicant” means the individual or entity seeking a cabaret license in the city of Moses Lake.
J. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult cabaret or adult entertainment business, based on responsibility for management of the adult cabaret or adult entertainment business.
K. “Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing, or other similar entertainment is permitted in connection with any hotel, restaurant, café, club, tavern, eating place, directly selling, serving, or providing the public, with or without charge, food or liquor. The words “music and entertainment” as used herein, shall not apply to radios or mechanical devices.
L. “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment business.
M. “Entertainer” means any person who provides live adult entertainment within an adult entertainment business as defined in this Section whether or not a fee is charged or accepted for entertainment.
N. “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.
O. “Liquor” means all beverages defined in RCW 66.04.200.
P. “Live Adult Entertainment Establishment” means any building or portion of a building to which any member of the public is invited or admitted and where any employee or entertainer, on a regular basis or as a substantial part of the premises activity, conducts any exhibition, performance, or dance of any type which contains:
1. Specified sexual activities;
2. Any display of specified anatomical areas; or
3. Any conduct intended to sexually stimulate any member of the public, including but not limited to any such exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid either directly or indirectly for such activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
Q. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret or adult entertainment business, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
R. “Operator” means any person applying for or operating, conducting, or maintaining any adult entertainment business.
S. “Operator Control Person” means all partners, corporate officers and directors and any other individuals in the Operator’s business organization who hold a significant interest in the adult entertainment business, based on the responsibility for management of the adult entertainment business.
T. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
U. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret.
V. “Public Place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles, whether moving or not.
W. “Sexual Conduct” means any act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
2. Any penetration of the vagina or anus, however slight, by an object;
3. Any contact between persons, involving the sex organs of one person, whether clothed or unclothed, and the mouth or anus of another, whether clothed or unclothed;
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another.
X. “Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
Y. “Specified anatomical areas” means:
1. Less than completely or opaquely covered:
a. Human genitals, pubic hair, vulva;
b. Buttocks, anus; and
c. Female breasts below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (Ord. 2130, 10/28/03)