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A. Cabaret License. Any person desiring a cabaret license required under the provisions of this chapter shall file written application with the Community Development Department on forms provided by the Department for that purpose. All applications shall be signed by the applicant and notarized or certified as true under penalty of perjury. A failure to provide all information required on the form will constitute an incomplete application and will not be processed. The Community Development Director upon presentation of a complete application and before acting upon the same shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which would aid the Community Development Director in determining whether or not such application should be granted. After the Police Department has reported back to the Community Development Director the result of such investigation, and within fourteen (14) days of the date of filing of the complete application, if the Community Development Director is satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the Community Development Director shall issue the license applied for, provided however, that if the application does not meet the requirements of this code, then the Community Development Director shall deny such license application.

B. Adult Cabaret or Adult Entertainment Business License.

1. All applications for an adult cabaret or adult entertainment business license shall be submitted to the Community Development Department in the name of the person or entity proposing to conduct an adult cabaret or adult entertainment business on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. For the applicant and for each applicant control person, provide: Names, any aliases or previous names, driver’s license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number.

b. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

c. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

d. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

e. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.

f. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

g. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

h. The location and doing-business-as name of the proposed adult cabaret or adult entertainment business, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

i. Two (2) two-inch (2") by two-inch (2") color photographs of the applicant and applicant control persons, taken within six (6) months of the date of application showing only the full face.

j. A complete set of fingerprints for the applicant and each applicant control person, by Moses Lake police department employees.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret or adult entertainment business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret or adult entertainment business shall include building plans which demonstrate conformance with MLMC 18.73.070.

2. An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The Community Development Director may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.

3. A non-refundable application fee of two hundred fifty dollars ($250) must be paid at the time of filing an application in order to defray the costs of processing the application. This is in addition to any fees imposed for other services performed by city departments for other services such as fingerprinting.

4. Each applicant shall verify, under penalty of perjury that the information contained in the application is true.

5. If any person or entity acquires, subsequent to the issuance of an adult cabaret or adult entertainment business license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city Community Development Department, no later than twenty-one (21) days following such acquisition. The notice required shall include the information required for the original adult cabaret or adult entertainment business license application.

6. The adult cabaret or adult entertainment business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult cabaret or adult entertainment business. The permit shall be posted in a conspicuous place at or near the entrance to the adult cabaret or adult entertainment business so that it can be easily read at any time the business is open.

7. No person granted an adult cabaret or adult entertainment business license pursuant to this chapter shall operate the adult cabaret or adult entertainment business under a name not specified on the license, nor shall any person operate an adult cabaret or adult entertainment business under any designation or at any location not specified on the license.

8. Upon receipt of the complete application and fee, the Community Development Director shall provide copies to the Health Department, Fire Department, Police Department, and the Building Official for their investigation and review to determine compliance of the proposed adult entertainment business with the laws and regulations which each department administers. Each department shall, within thirty (30) days of the date of such application, inspect the application and premises and shall make a written report to the Community Development Director whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment business license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment business is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

9. An adult cabaret or adult entertainment business license shall be issued by the Community Development Director within thirty (30) days of the date of filing a complete license application and fee, unless the Community Development Director determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The Community Development Director shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the Community Development Director finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret or adult entertainment business license, the Community Development Director shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the Community Development Director fails to issue or deny the license within thirty (30) days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought. If the Community Development Director determines that the license should have been denied, the Community Development Director shall provide written notice of such decision to the applicant and shall schedule a hearing before a judge of the Municipal Court for a judicial review of the Community Development Director’s decision to deny the license. Such notice shall contain a written statement of the reasons why the license should be denied and shall cite the specific reasons therefor, including applicable laws. At such judicial hearing, the Community Development Director shall submit the evidence relied upon to determine the license should have been denied, including reports from the agencies and departments contacted by the Community Development Director to review the application. If the court determines the Community Development Director has established on a more probable than not basis a reason to deny the license, the burden of going forward and establishing the evidence used by the Community Development Director is not sufficient to meet that burden shall shift to the applicant. Pending such hearing, the applicant shall be permitted to continue to operate the business applied for as provided above.

10. Upon request, the Community Development Director will a schedule a pre-licensing conference with all pertinent city departments to assist the applicant in meeting the regulations and provisions of this ordinance.

C. Adult Cabaret or Adult Entertainment Manager and Entertainer Licenses.

1. No person shall work as a manager, assistant manager or entertainer at an adult cabaret or adult entertainment business without an entertainer’s or manager’s license from the city. Each applicant for a manager’s or entertainer’s license shall complete an application on forms provided by the city containing the information identified below. A non-refundable application fee of one hundred dollars ($100) shall accompany the application. A copy of the application shall be provided to the Police Department for its review, investigation and recommendation. All applications for a manager’s or entertainer’s license shall be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application shall require the following information:

a. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Moses Lake Police Department employees, social security number, and any stage names or nicknames used in entertaining.

b. The name and address of each business at which the applicant intends to work.

c. Documentation that the applicant has attained the age of eighteen (18) years. Any two (2) of the following shall be accepted as documentation of age:

1) A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

2) A state issued identification card bearing the applicant’s photograph and date or birth;

3) An official passport issued by the United States of America;

4) An immigration card issued by the United States of America; or

5) Any other identification that the city determines to be acceptable.

d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five (5) years immediately preceding the date of the application, except parking violations or minor traffic infractions.

e. A description of the applicant’s principal activities or services to be rendered.

f. Two (2) two-inch (2") by two-inch (2") color photographs of applicant, taken within six (6) months of the date of application showing only the full face.

g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.

h. Every adult entertainer shall provide his or her license to the adult cabaret or adult entertainment business manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult cabaret or adult entertainment business.

2. The Community Development Director may request additional information or clarification when necessary to determine compliance with this chapter.

3. An adult cabaret or adult entertainment manager’s or an adult entertainer’s license shall be issued by the Community Development Director within fourteen (14) days from the date the complete application and fee are received unless the Community Development Director determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent Ordinance No. 2130 statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the Community Development Director determines that the applicant has failed to qualify for the license applied for, the Community Development Director shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the Community Development Director has failed to approve or deny an application for an adult cabaret or adult entertainment business manager’s license within fourteen (14) days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult cabaret or adult entertainment business manager in a duly licensed adult cabaret or adult entertainment business. If the Community Development Director determines that the license should have been denied, the Community Development Director shall provide written notice of such decision to the applicant and shall schedule a hearing before a judge of the Municipal Court for a judicial review of the Community Development Director’s decision to deny the license. Such notice shall contain a written statement of the reasons why the license should be denied and shall cite the specific reasons therefor, including applicable laws. At such judicial hearing, the Community Development Director shall submit the evidence relied upon to determine the license should have been denied, including reports from the agencies and departments contacted by the Community Development Director to review the application. If the court determines the Community Development Director has established on a more probable than not basis a reason to deny the license, the burden of going forward and establishing the evidence used by the Community Development Director is not sufficient to meet that burden shall shift to the applicant. Pending such hearing, the applicant may continue to work as an adult cabaret or adult entertainment business manager in a duly licensed adult cabaret or adult entertainment business as provided above.

4. An applicant for an adult entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth (14th) day following the filing of the complete application and fee, unless the Community Development Director has failed to approve or deny the license application in which case the temporary license shall remain valid. If the Community Development Director determines that the license should have been denied, the Community Development Director shall provide written notice of such decision to the applicant and shall schedule a hearing before a judge of the Municipal Court for a judicial review of the Community Development Director’s decision to deny the license. Such notice shall contain a written statement of the reasons why the license should be denied and shall cite the specific reasons therefor, including applicable laws. At such judicial hearing, the Community Development Director shall submit the evidence relied upon to determine the license should have been denied, including reports from the agencies and departments contacted by the Community Development Director to review the application. If the court determines the Community Development Director has established on a more probable than not basis a reason to deny the license, the burden of going forward and establishing the evidence used by the Community Development Director is not sufficient to meet that burden shall shift to the applicant. Pending such hearing, the applicant may continue to work as an adult entertainer in a duly licensed adult cabaret or adult entertainment business as provided above. (Ord. 2130, 10/28/03)