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HomeMy WebLinkAbout2011-006 ORDINANCE NO. 2011-006 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS OF CHAPTER 5.16 OF THE ARLINGTON MUNICIPAL CODE RELATING TO THE OPERATION OF CABARETS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions to Chapter 5.16; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 5.16.010 is amended to read as follows: 5.16.010 Definitions. 1. "Cabaret" means any room or space whatsoever in the city in which any dancing is permitted in connection with the selling, serving or providing the public,with or without charge, liquor. 2. "Liquor" means all beverages defined in RCW 66.04.010(16). 3. "Person" means one or more natural persons of either sex, firms, associations, co- partnerships and corporations, whether acting by themselves or by servant, agent or employee. Section 2. Arlington Municipal Code section 5.16.030 is amended to read as follows: 5.16.030 Qualifications of licensees. No license shall be issued to: 1. A person who has been convicted of a felony within five years prior to his application for a license; 2. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee; 3. A co-partnership, unless all of the members thereof are qualified to obtain a license, as provided in this section; 4. A corporation, unless all officers and directors thereof are qualified to obtain a license, as provided in this section. The license shall be issued to the same person whose name appears on, or the person responsible to the Washington State Liquor Control Board for, the license issued by that board for the premises. ORDINANCE NO. 2011-006 1 Section 3. Arlington Municipal Code section 5.16.060 is amended to read as follows: 5.16.060 Application for license—Investigation and report—Issuance or denial. 1. Applicants for a license under this chapter must file with the City Clerk a sworn application in writing on a form to be furnished by the City. 2. All applications shall provide the following information on the application, a. The name, home address, home telephone number, date and place of birth, and Social Security number of the applicant, if the applicant is an individual; b. The names, home addresses, home telephone numbers, dates and places of birth, and Social Security numbers of the officers and directors of the applicant, if the applicant is a partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity; c. The name, address, and telephone number of the cabaret, and the names of all on-site managers of the cabaret; and d. The name, address, and telephone number of the owner of the property on which the cabaret is located. e. Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete. 3. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder promptly shall notify the clerk in writing and provide current information. 4. Process for Completed Applications. A completed application shall be submitted to the city clerk. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the city showing payment of the required license fee. The city clerk shall refer a completed application to the following city department heads for investigation and report as follows: a. The chief of police shall provide a criminal history record of the applicant; b. The director of the department of community development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the city zoning code; and c. The building official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations d. The fire marshal shall provide a report indicating whether or not said premises are in compliance with all applicable fire prevention statutes and regulations. Section 4. Arlington Municipal Code section 5.16.065 is hereby added to read as follows: 5.16.065—Approval or denial of application. ORDINANCE NO. 2011-006 2 Upon receipt of a completed application and reports from the above-named officials, a license application shall be approved by the city clerk, except that said application shall be denied for any one or more of the following reasons: 1. Application form is incomplete; or 2. Purpose of business sought to be licensed does not comply with the requirements of any city ordinance(s) relating to fire, buildings, health and sanitation or is, or will be if licensed, in violation of the city zoning code as determined by the reports from the above-named officials; or 3. The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the city clerk. In all events, the city clerk shall issue the license, or the reason(s) for nonissuance as soon as possible, but in no event more than 30 days after receipt of a completed application. Section 5. Arlington Municipal Code section 5.16.070 is amended to read as follows: 5.16.070 - Fee for license—Expiration and renewal. The annual fee for a cabaret license is established by the City's fee resolution. The fee shall be paid at the time of application and is nonrefundable. All licenses issued pursuant to this chapter are non-transferable and are valid for the calendar year in which issued. License fees shall not be prorated for any portion of the year. Section 6. Arlington Municipal Code section 5.16.080 is hereby repealed in its entirety. Section 7. Arlington Municipal Code section 5.16.090 is amended to read as follows: 5.16.090 - Maintenance of order. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, where the music for such dancing is provided wholly or in part by one or more than one actual "live" musician rather than by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order on the premises shall be in attendance on said premises, and such person in attendance shall be employed by the licensee solely for the purposes of, and said person shall perform the duties of, refusing admission to intoxicated or underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises. Such person shall at said times not be employed as a bartender, waiter, musician or in any other capacity and shall have no other duties than those hereinabove specified in this section. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, on nights or on days when the music for said dancing is provided wholly by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order shall be in attendance at all times on the premises, who shall be responsible for refusing admission to intoxicated and underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises, but such person need not be solely employed for such purposes. No member of the police department or any reserve police officer of this city shall ever be employed as such a person in attendance. ORDINANCE NO. 2011-006 3 Section 8. Arlington Municipal Code section 5.16.100 is hereby repealed in its entirety. Section 9. Arlington Municipal Code section 5.16.110 is amended to read as follows: 5.16.110 - Revocation or suspension of license. The city clerk may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist: 1. The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the clerk; 2. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of this code; or 3. The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. Upon determination that grounds for revocation or suspension of a license exist, the city clerk or designee shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension. Section 10. Arlington Municipal Code section 5.16.115 is hereby added to read as follows: 5.16.115—Appeals and hearing. 1. Any person aggrieved by the action of the city clerk in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the city clerk within 10 days of receiving notice of the action from which appeal is taken. 2. The hearing examiner, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except when extenuating circumstances exist. The hearing shall be de novo. The hearing examiner shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the city clerk, pending the decision of the hearing body. 3. The decision of the hearing examiner on an appeal from a decision of the city clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. 4. The decision of the hearing examiner shall be final unless appealed to the superior court within 20 days of the date the decision is entered. ORDINANCE NO. 2011-006 4 Section 11. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 12. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the. City Council of the City of Arlington and APPROVED by the Mayor thi Wday of , 2011. CITY OF ARLINGTON Margare Larson, Mayor ATTEST: Kristin nfield, City Clerk APPROVED AS TO FORM: St t 1. e ffle, City Attorney ORDINANCE NO. 2011-006 5 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-006 was approved at the February 22, 2011 City Council meeting. ORDINANCE #2011-006 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS OF CHAPTER 5.16 OF THE ARLINGTON MUNICIPAL CODE RELATING TO THE OPERATION OF CABARETS" A true and correct copy of the original ordinance is attached. Dated this 23rd day of February 2011. Kristin anfield City Clerk for the City of Arlington