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The following standards of conduct and operation must be adhered to by an adult cabaret and its employees and independent contractors:

A. Required on Premises. While open to the public, a licensed manager and/or assistant manager shall be on premises at all times. While open to the public, licensed, uniform-wearing security personnel in the following numbers shall be on premises at all times:

PATRON SEATING

Number of Uniformed Security Personnel

Less than 50 seats

1

50 to 100 seats

2

100 to 150 seats

3

More than 150 seats

4

B. Nudity. No employee, independent contractor 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 at least eighteen (18) inches above the immediate floor level and removed at least eight (8) feet from the nearest member of the public (the “performance area”).

C. Mingling. No employee, independent contractor 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 subdivision B of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernible turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

D. Simulated Anatomy. No employee, independent contractor 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.

E. Sexual Touching--Patrons. No employee, independent contractor or entertainer shall caress, fondle, or erotically touch any member of the public. No employee, independent contractor or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee, independent contractor or entertainer.

F. Sexual Acts--Employees. No employee, independent contractor or entertainer shall perform actual or simulated acts of sexual conduct, or any act which constitutes a violation of RCW 7.48A, the Washington Moral Nuisances Statute.

G. Four Feet. No employee, independent contractor or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the non-stage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four (4) feet from any member of the public.

H. Gratuities. No payment, 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. No adult entertainer performing upon any stage area shall be permitted to accept any form of payment or gratuity offered directly to the entertainer by any member of the public. Any payment or gratuity offered to any adult entertainer performing upon any stage area must be provided through a manager on duty on the premises. Any payment, gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the non-stage 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.

I. Admission. Admission must be restricted to persons of the age of eighteen (18) years or more. It shall be unlawful for any owner, operator, manager, or other person in charge of an adult cabaret to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.

J. Employees; Independent Contractors. All managers, adult entertainers, security personnel, employees, independent contractors or entertainers shall be over the age of eighteen (18) years.

K. Signage. 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.

L. Access to Nonpublic Areas. 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 independent contractors, and the kitchen and storage areas; EXCEPT that authorized vendors or service personnel delivering goods and materials, food 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.

M. Performance Area. The performance area of the adult cabaret shall be a stage or platform at least eighteen (18) inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight (8) feet from all areas of the premises to which members of the public have access. A continuous railing at least three (3) feet in height and located at least eight (8) feet from all points of the performance area shall separate the performance area and the public seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein 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.

N. Interior Lighting. Sufficient interior lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times and all parts of the public areas shall be illuminated so that patrons with normal vision in any part of the public areas of the premises shall be able to read written textual material printed in 8 point type. A sample of 8 point type follows:

This is a sample of 8 point type.

O. Exterior Lighting. All on-site parking areas and premise entries shall be illuminated from dusk until one hour past closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. An on-premise exterior lighting plan shall be included in the application for license submitted to the Clerk.

P. Signs. Two signs at least two feet by two feet, and one in the immediate area of the entrance, with 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 SNOHOMISH. ENTERTAINERS ARE:

1. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.

2. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE EXCEPT ON STAGE.

3. NOT PERMITTED TO ACCEPT PAYMENT, TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.

4. NOT PERMITTED TO ACCEPT PAYMENT, TIPS OR GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA.

5. WHILE PERFORMING IN NONSTAGE AREAS, NOT PERMITTED TO ACCEPT PAYMENT, TIPS OR GRATUITIES EXCEPT THOSE PLACED IN THE ENTERTAINER’S HAND OR A RECEPTACLE.

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