Skip to main content
Loading…
This section is included in your selections.

A. Denial of License Application.

1. The clerk shall deny an original or renewal license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:

a. The premises to be used for the adult cabaret are not in compliance with applicable laws and ordinances.

b. An applicant is under eighteen years of age.

c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form.

d. An applicant has failed to comply with any provision or requirement of this chapter.

e. An application fee required by this chapter has not been paid.

f. An applicant has been convicted of a specific criminal offense within the time periods provided in AMC 5.30.010(O).

2. Denial of an original or renewal license application is subject to appeal as set forth in AMC 5.30.060.

B. Clerk’s Action. The clerk may, upon the recommendation of the chief of police or designee and as provided in this section, deny, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises in which an adult cabaret is conducted when the licensee knew or should have known of the violations committed by servants, agents or employees of the licensee.

C. Revocation – Suspension.

1. A license procured by fraud or misrepresentation shall be revoked.

2. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of thirty days upon the first such violation, ninety days upon the second violation within a subsequent twenty-four-month period, and revoked for third and subsequent violations within a subsequent twenty-four-month period, not including periods of suspension.

D. Notice. The clerk shall provide at least ten days’ prior written notice to the licensee at the licensee’s last known address as shown in the clerk’s file. The notice of suspension shall state the reasons for the proposed suspension or revocation and that such suspension or revocation shall become effective within thirty days of the date of notice unless the licensee files an appeal in accordance with the provisions of AMC 5.30.060. If the clerk elects to provide notice by mail, service of the notice shall be deemed complete upon the third day following the day upon which the notice of suspension or revocation is placed in the mail postage prepaid, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day.

E. Appeal. The licensee may appeal the action of the clerk by filing a notice of appeal with the clerk within ten days of notice of suspension. The filing of the appeal shall stay the action of the clerk, pending the decision of the city council.

F. Hearing – Appeal. The city council shall conduct a hearing and render its decision as provided in AMC 5.30.060. Any person aggrieved by the decision of the city council shall have the right to appeal the decision, within ten days of the date of the decision, to King County superior court as provided in AMC 5.30.060(B) and (D).

G. Imminent Threat. Where the Algona clerk, building official or fire marshal or their designees or the King County health department finds that any condition exists upon the premises of an adult cabaret which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with AMC 5.30.060(C). The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the city council under the same appeal provisions set forth in AMC 5.30.060(C); provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 1046-11 § 1).