5.30.010 Definitions.
For purposes of this chapter, certain terms and words are defined as follows:
A. “Adult cabaret” 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 on 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 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. “Applicant” means the individual or entity seeking an adult cabaret license in the city of Algona.
D. “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 business, based on responsibility for management of the adult cabaret business.
E. “Clerk” means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof.
F. “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 any adult cabaret licensed pursuant to this chapter.
G. “Entertainer” means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment.
H. “Liquor” means all beverages defined in RCW 66.04.010.
I. “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, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
J. “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 an adult cabaret.
K. “Operator” means any person operating, conducting or maintaining an adult cabaret.
L. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, government entity, or other entity or group of persons however organized.
M. “Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between person involving the sex organs of one person and the mouth or anus of another; or
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.
N. “Significant interest” means any partnership interest, sole ownership, ownership of stock or other equity interest equal to twenty percent of the value of the corporation, or authority to formulate corporate policy or the supervision in a managerial capacity of a manager, assistant manager or employee.
O. “Specific criminal offense” means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:
1. Less than two years have elapsed since the date of conviction or the date or release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or
2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a twenty-four-month period. (Ord. 1046-11 § 1).