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5.60.030 Adult Cabaret, Adult Drive-In Theater, Adult Motion Picture Theater Licenses.
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A. All applications for either an adult cabaret, adult drive-in theater, or an adult motion picture theater license shall be submitted to the Clerk in the name of the person or entity proposing to conduct said business 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:

1. 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.

2. If a partnership, whether general or limited, the names and addresses of all partners; and if a corporation, date and place of incorporation, names and addresses of all shareholders, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

3. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for adult entertainment, including panorams, from the City or another city, county or state, and if so, the names and addresses of each other licensed business.

4. A summary of the business history of the applicant and applicant control persons in owning or operating an adult cabaret, adult motion picture theater, adult drive-in or an adult panoram, providing names, addresses and dates of operation for such businesses, and whether any business license has been revoked or suspended, and the reason therefor.

5. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five (5) 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.

6. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three (3) years immediately preceding the date of the application.

7. Authorization for the City, its agents and employees to seek information to confirm any statements set forth in the application.

8. The location and doing-business-as name of the proposed adult cabaret, adult drive-in theater, or adult motion picture theater, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

9. Two (2) two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six (6) months of the date of application showing only the full face.

10. A complete set of fingerprints for the applicant or each applicant control person taken by Snohomish Police Department employees.

11. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, adult drive-in theater or adult motion picture theater, 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 office and stations, restrooms and service areas shall be clearly marked on the drawing. When required, an exterior lighting plan shall be submitted also.

B. 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.

C. A nonrefundable application fee set by resolution of the City Council must be paid at the time of filing an application in order to defray the costs of processing the application. The annual renewal fee shall be set by resolution of the City Council.

D. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.

E. If any person or entity acquires, subsequent to the issuance of a license under this chapter, 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 license application.

F. The adult cabaret, adult drive-in theater or adult motion picture theater 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, adult drive-in theater or adult motion picture theater. The license shall be posted in a conspicuous place at or near the entrance to the adult cabaret, adult drive-in theater or adult motion picture theater, so that it can be easily read at anytime the business is open.

G. No person granted a license pursuant to this chapter shall operate the business under a name not specified on the license, nor shall any person operate a business licensed under this chapter under any designation or at any location not specified on the license. A separate license shall be required for each type of business covered by this chapter, and a separate license shall be required for each location at which a business covered by this chapter is operated. A license shall be valid for one year, and must be annually renewed.

H. Upon receipt of the complete application and fee, the Clerk shall provide copies to the police, fire and community development departments for their investigation and review to determine compliance of the proposed business 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 complies 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 to premises compliance on their review of the drawings submitted in the application. Any 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 and submitted with any application for a building permit. A department shall recommend denial of a license under this subsection if it finds that the proposed business 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.

I. A 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 a 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 applicable 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. (Ord. 2299, 2016) (Ord. 2299, 2016.)

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