5.34.040 Application | Aberdeen Municipal Code

5.34.040 Application.

A. Cabaret license. Any person desiring a cabaret license required under the provisions of this chapter shall file written application with the clerk on forms provided by the clerk 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 clerk 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 clerk in determining whether or not such application should be granted. After the police department has reported back to the clerk the result of such investigation, and within fourteen (14) days of the date of filing of the complete application, if the clerk is satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the clerk shall issue the license applied for, provided however, that if the application does not meet the requirements of this code, then the clerk shall deny such license application.

1. All applications for an adult cabaret license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret 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 goodstanding 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, including a legal description of the property, street address, an telephone number, together with the name and address of each owner and lessee of the property.

i. Two two-inch by two-inch (2"x2")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 or each applicant control person, by Aberdeen police department employees.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, 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 officer and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with AMC 5.34.070.

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 clerk 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 nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

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 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 clerk, no later than twenty-one (21) days following such acquisition. The notice required shall include the information required for the original adult cabaret license application.

6. The adult cabaret 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. The permit shall be posted in a conspicuous place at or near the entrance to the adult cabaret so that it can be easily read at any time the business is open.

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

8. Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and planning and economic development departments, and the Grays Harbor county health department, for their investigation and review to determine compliance of the proposed adult cabaret 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 clerk 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 t premises compliance on their review of the drawings submitted in the application. Any adult cabaret 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 cabaret 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 license shall be issued by the clerk within thirty (30) days of the date of filing a complete license application and fee, unless the clerk 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 clerk 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 clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk 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 appliable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional twenty (20) days.

1. No person shall work as a manager, assistant manager or entertainer at an adult cabaret without an entertainer's or manager's license form 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 nonrefundable application fee of one hundred ($100.00) dollars shall accompany the application. A coy 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 Aberdeen 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 of the following shall be accepted as documentation of age:

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

(ii) A state issued identification card bearing the applicant's photograph and date of birth;

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

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

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

d. A complete statement of all conviction 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 by two-inch (2"x2") 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 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.

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

3. An adult cabaret manager's or an adult entertainer's license shall be issued by the clerk within fourteen (14) days from the date the complete application and fee are received unless the clerk 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 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 clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for an adult cabaret 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 manager in a duly licensed adult cabaret until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional twenty (20) days.

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 clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional twenty (20) days.

1. Any person seeking a panoram premises license shall file a written application with the clerk on a form provided by the clerk for that purpose. The clerk, upon presentation of such application and before acting upon the same, shall refer such application to the police department which shall make a full investigation as to the truth of the statements contained therein. The clerk shall also refer such application to the planning and economic development and fire departments, and the Grays Harbor County health department, which shall investigate and provide information to the clerk concerning compliance of the premises with this and other applicable city and state health zoning, building, fire and safety ordinances and laws enforced by the respective departments. The design and development, fire and health departments may conduct such physical inspection of the premises as is necessary to determine compliance with such ordinances and laws.

2. The following information shall accompany each application for a panoram premises license:

a. The name, address and telephone number of each person applying for the license;

b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in the panoram premises;

c. The name, address and telephone number of the manager or other person responsible for the operation of the premises;

d. The address of the premises;

e. The number of panoram devices to be located on the premises;

f. A sketch or drawing sufficient to show the payout of the premises including all information necessary to determine whether the premises comply with the provisions of this chapter.

3. Applicants for any panoram premises license to be issued under this chapter shall allow the premises sought to be licensed to be inspected by authorized inspectors from the city fire, police and planning and economic development departments, and the Grays Harbor County health department, for the purpose of determining whether they comply with this chapter. Licensees operating premises licensed under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by the city during normal business hours.

4. After an investigation, the clerk shall issue the applicable license or licenses authorized by this chapter if the clerk finds:

a. That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of this chapter; and

b. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the clerk.

c. The decision of the clerk regarding issuance of any license shall be rendered within thirty (30) days of the date of filing of the application.