A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present:
1. No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage, as described in subsection D of this section, at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public.
2. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.
3. No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.
4. No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.
5. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute.
6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet, measured torso-to-torso, from the member of the public for whom the dance, performance or exhibition is performed.
7. Payments – Gratuities.
a. No payments, tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer.
b. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult cabaret or provided through a manager on duty on the premises.
c. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.
d. Any payment, tip or gratuity not paid directly to an entertainer shall be paid by the manager to the entertainer, subject to any written agreement between the entertainer and the adult cabaret.
8. An adult cabaret shall execute and maintain a written contract with each employee who is an entertainer at the adult cabaret. The contract shall specify the terms of the employment, independent contract or other relationship between the adult cabaret and the entertainer. A copy of each written contract shall be retained on the premises of the adult cabaret and available for inspection by the city.
B. At any adult cabaret, the following are required:
1. Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to knowingly permit or allow any person under eighteen years of age to be in or upon such premises.
2. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the adult cabaret.
3. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret, which shall include, but are not limited to, the dressing rooms of the entertainers or other rooms provided for the benefit of employees, or the kitchen and storage areas; except, that persons delivering goods and materials, foods and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.
C. The responsibilities of the manager of an adult cabaret shall include but are not limited to:
1. A licensed manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. The manager shall not allow any person to provide adult entertainment within the premises unless there is located on premises an entertainer’s license in the name of that person and on its face is the year in which the entertainer is providing adult entertainment.
2. The licensed manager on duty shall not be an entertainer.
3. A manager or assistant manager shall be present in the performance area or in any separate performance areas whenever an adult entertainer is performing.
4. A manager or assistant manager shall not knowingly permit an employee to caress, fondle or erotically touch any member of the public while on the premises of the adult cabaret.
5. The manager shall be responsible for transfer of payments, tips and gratuities to entertainers.
D. Premises – Specifications.
1. Performance Area. The performance area of the adult cabaret where adult entertainment as described in subsection (A)(1) of this section is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.
2. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers, is hereby established for all areas of the adult cabaret where members of the public are admitted.
3. Signs. A sign at least two feet by two feet, with large bold lettering letters at least one inch high, shall be conspicuously displayed in the public area(s) of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF ALGONA. ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA
4. Recordkeeping Requirements.
a. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days’ written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.
b. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours’ notice to the licensee.
5. Inspections. In order to ensure compliance with this chapter all areas of licensed adult cabarets which are open to members of the public shall be open to inspection by city officers, agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.
E. It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of 2:00 a.m. and 8:00 a.m.
F. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works that are not obscene;
2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not obscene.
The provisions of this section are not intended to and do not prohibit the simulation of sexual acts which are part of nonobscene expression.
G. Whether or not activity is obscene shall be judged by consideration of the following factors:
1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and
2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and
3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 1046-11 § 1).