5.68.030 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one (1) or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult business license” means a license issued by the finance director under this chapter to the owner or operator of an adult entertainment facility.
“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features:
1. Persons who appear nude or semi-nude; or
2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities.
“Adult drive-in theater” means a drive-in theater used for presenting motion picture films, video cassettes, cable television, or any other such visual media distinguished or characterized by an emphasis on matters depicting, describing or simulating any specified sexual activities or any specified anatomical areas.
“Adult entertainment” means:
1. Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult drive-in theater, adult motel, adult motion picture theater, adult retail store, adult sauna parlor, escort agency, nude or semi-nude model studio, or other adult entertainment facility.
“Adult motel” means a hotel, motel, or similar commercial establishment which:
1. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or
2. Offers a sleeping room for rent for a rental fee period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
2. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
3. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes fifty percent (50%) or more of the stock in trade of a particular business establishment. The stock in trade of a particular business establishment shall be determined by examining either: (i) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (ii) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.
“Adult sauna parlor” means a commercial sauna parlor which excludes any person by virtue of age from all or any portion of the premises.
“Applicant” means a person or persons applying for a license under this chapter.
“City” means the City of Redmond, Washington.
“Employee” means any person, including a manager, entertainer, escort, or nude model, who works in or renders any services directly related to the operation of any adult entertainment facility, whether or not such person is paid compensation by the owner or operator of the adult entertainment facility.
“Entertainer” means any person who provides live adult entertainment in an adult entertainment facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the adult entertainment facility, and whether or not a fee is charged or accepted for such entertainment.
“Entertainer’s license” means a license issued by the finance director under this chapter to an entertainer, escort, or nude or semi-nude model.
“Escort” means a person employed by an escort agency, and who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
“Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose for a fee, tip, or other consideration. The term “escort agency” shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.
“Licensee” means a person or persons in whose name a license to operate an adult entertainment facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, entertainer, escort, or nude or semi-nude model, a person in whose name a license has been issued authorizing employment or entertainment in an adult entertainment facility.
“Manager” means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within an adult entertainment facility, including assistant managers working with or under the direction of a manager to carry out such purposes.
“Manager’s license” means a license issued by the finance director under this chapter to a manager or assistant manager of an adult entertainment facility.
“Nude” means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.
“Nude or semi-nude model” means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio.
“Nude or semi-nude model studio” means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a “nude or semi-nude model studio”:
1. A proprietary school licensed by the State of Washington;
2. A junior college, college, or university supported partly or entirely by public funds;
3. A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and
4. A place housed in a structure: (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model is available for viewing; and (b) where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
“Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials is regularly conducted, displayed, or available in any form, for any type of consideration. Provided however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Owner or operator” means any person who owns, operates, or has a significant interest in an adult entertainment facility, with significant interest being based on responsibility for management of the business. Where an adult entertainment facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where an adult entertainment facility is owned or operated by a corporation, including a limited liability organization, then each officer, director and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this chapter, a principal stockholder is a person who owns or controls twenty percent (20%) or greater interest in an adult entertainment facility.
“Person” means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity.
“Semi-nude” means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations, that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
“Specified anatomical areas” means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or
2. The human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified 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 of 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.
“Specified sexual activities” means and includes any of the following:
1. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 2546 § 2 (part), 2010: Ord. 1966 § 1, 1998; Ord. 1920 § 3, 1996).