This chapter is intended to protect the general health, safety and welfare of the citizenry of the city through the regulation of sexually oriented business activities. The regulations set forth herein are intended to prevent dangerous and unlawful conduct, and to prevent health and safety problems, in and around such activities. (Ord. 1075 § 1 (part), 2001).

For the purposes of this chapter, the words set out in this section shall have the following meanings:
“Adult entertainment” means any performance described in the definitions of sexually oriented businesses included in KMC Section 17.20.150(D)(1).
“Adult entertainment business” means an adult arcade, adult bookstore, novelty store, video store, adult cabaret, adult motel/hotel, adult theater as described in the definitions of sexually oriented businesses included in KMC Section 17.20.150(D)(1).
“Clerk-treasurer” means the city clerk-treasurer or his/her designee who is designated by the Mayor as licensing official under this chapter.
“Employee” means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of an adult entertainment business.
“Entertainer” means any person who performs any entertainment, exhibition or dance of any type within an adult entertainment cabaret, whether or not such person or anyone else charges or accepts a fee for such entertainment, exhibition, or dance.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.
“Manager” means any person licensed as a manager under this chapter.
“Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult cabaret.
“Operator” means all persons who own, operate, direct, oversee, conduct, maintain, or effectively exert management control or authority over an adult entertainment business or its affairs, without regard to whether such person(s) owns the premises in which the adult entertainment business does business. An operator “effectively exerts management control or authority” when he or she actually does, or is in a position to, participate in the management, direction or oversight of an adult entertainment business or its affairs, whether or not such person’s name appears on any public record filed with any government agency in connection with an adult entertainment establishment or any parent company or affiliate. An operator’s “parent company or affiliate” means any other person which owns fifty percent or more of any class of an operator’s stock, or which effectively exerts management control or authority over an operator.
“Performance area” means an area no larger than the area beginning six feet away from, and running parallel to, the front edge of a stage on which adult entertainment is permitted to occur, and which extends no deeper than the depth of that stage.
“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. (Ord. 1075 § 1 (part), 2001).

A. No adult entertainment business shall be operated or maintained in the city, unless the owner or lessee thereof has a current adult entertainment license under this
chapter. It is unlawful for any operator, manager, entertainer or employee to knowingly work in or about, or to knowingly perform any service directly related to the operation of an adult entertainment business, when such business does not have a current adult entertainment business license.
B. The license year for an adult entertainment business license shall be from January first to December thirty-first of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December thirty-first of such year.
C. The license fees are as follows:

D. Except as hereinafter provided, the license fee for such license is payable for a full year only and is not refundable.
E. An adult entertainment business license under this chapter shall not be assigned or transferred.
F. In order to obtain renewal of a current adult entertainment business license for the next year, a license holder must file an application for renewal with the clerk-treasurer. The renewal fee for each year is the same as original fee. (Ord. 1075 § 1 (part), 2001).

A. No person shall work as a manager at an adult entertainment business in the city without a current manager’s license under this chapter. No person shall work as an entertainer at an adult entertainment cabaret in the city without a current entertainer’s license under this chapter. No person shall work at an adult entertainment business in the city unless the adult entertainment business license is valid and current.
B. The license year for a manager’s license or an entertainer’s license shall be from January first to December thirty-first of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December thirty-first of each year.
C. The license fee for a manager’s license or entertainer’s license is one hundred twenty-five dollars. The license fee for each such license is payable for a full year only and is not refundable.
D. A manager’s license or entertainer’s license under this chapter shall not be assigned or transferred.
E. No person under eighteen years of age may obtain a manager’s license or entertainer’s license under this chapter.
F. In order to obtain renewal of a current manager’s license or entertainer’s license for the next year, a license holder must file an application for renewal with the clerk-treasurer. The renewal fee for each year is one hundred twenty-five dollars. (Ord. 1075 § 1 (part), 2001).

A. Adult Entertainment Business License. Any application for an adult entertainment business license or renewal thereof shall be submitted in the true name of the operator of the adult entertainment business to which the application pertains. The true operator or his/her agent, under penalty of perjury, shall sign and notarize or certify that all of the operators as defined in Section 5.40.030 are listed and all of the information provided is true and correct. Any change in ownership in the adult entertainment business must be reported to the clerk-treasurer-treasurer within twenty days of such change(s). Each such application shall be submitted on a form supplied by the clerk-treasurer-treasurer. The form shall require the following information:
1. If the applicant is an individual or partnership, the names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of all operator(s). If the applicant is a partnership, all such information must be provided for all general partners;
2. If the applicant is a corporation, the names, addresses, telephone numbers, and social security numbers of all operators, and of all corporate officers and directors. The same information shall be required from each parent company or affiliate;
3. The name, address, and telephone number of the adult entertainment business;
4. The name, address and telephone number of the owner of the property on which the adult entertainment business is located;
5. The names, addresses, and telephone numbers of all employees of the adult entertainment business;
6. A statement detailing whether the applicant or any operator, partner, corporate officer, director, or shareholder of fifty percent or more of any class of an operator’s stock, holds any other licenses under this chapter or any similar adult entertainment or sexually oriented business ordinance, including motion picture theaters and panorams from the city or another city, county, or state, and if so, the names and addresses of each other licensed business and the jurisdiction(s) in which such businesses are located; and
7. A description of the sexually oriented adult entertainment business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or adult entertainment license revoked or suspended, the reason therefore, and the activity or occupation of the applicant subsequent to such action, suspension or revocation.
B. Manager’s License or Entertainer’s License. Any application for a manager’s license or entertainer’s license, or any renewal thereof, shall be signed by the applicant and notarized or certified to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the clerk-treasurer. The form shall require a statement of the applicant’s name, home address, home telephone number, date and place of birth, social security number, and the name, address and phone number of the adult entertainment business or businesses at which the applicant will work, and any stage names or nicknames used in entertaining. At the time of application or renewal, the applicant shall present picture identification which shall include (1) a motor vehicle operator’s license, issued by the state of Washington, bearing the applicant’s photograph and date of birth; or (2) a Washington state-issued identification card bearing the applicant’s photograph and date of birth. At the time of application or renewal, and again between July first and July fourteenth every year, the applicant shall be photographed by the clerk-treasurer or her designee for the clerk-treasurer’s records and the police department’s records. Failure to appear for a photograph between July first and July fourteenth, on such dates and times as are prescribed by the clerk-treasurer, shall result in license suspension until the photograph is obtained.
C. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate or incomplete, including but not limited to substantial changes to an applicant’s hair style and color, or facial or other features including tattoos, an applicant or license holder shall appear before the clerk-treasurer within twenty days and provide current information, including, when applicable, being photographed by the clerk-treasurer or her designee to accurately reflect any change in looks when compared to the most recent photograph available under subsection B of this section. (Ord. 1075 § 1 (part), 2001).

A. Upon receipt of any application for a license under this chapter, the clerk-treasurer shall refer the application to the police department which shall investigate the truth of the statements in the application and shall investigate the applicant’s compliance with the standards of this chapter. Upon receipt of any complete application for a license, the clerk-treasurer shall further issue a temporary license, pending disposition of the application or completion of the term of any license suspension issued pursuant to this chapter. The temporary license shall expire upon issuance of a license or renewal thereof or notice of non-issuance. The holder of a temporary license is subject to all requirements, standards and penalty provisions of this chapter.
B. After an investigation, the clerk-treasurer shall issue a license if the clerk-treasurer finds:
1. That the applicant complies with all applicable requirements and standards of this chapter; and
2. That the applicant has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the clerk-treasurer. In the event the applicant has not met the enumerated requirements, after the required investigations, the clerk-treasurer shall issue a notice of non-issuance of the license. Notice of non-issuance shall specify the reasons therefor.
C. Upon receipt of any application for renewal of a license under this chapter, the clerk-treasurer shall issue the renewal unless the clerk-treasurer has information which indicates that the applicant would not qualify for the initial issuance of a license under subsection B of this section. In the event the applicant has not met the enumerated requirements, after the required investigation, the clerk-treasurer shall issue the renewal or notice of non- renewal of the application. Notice of non-renewal shall specify the reasons therefore.
D. Each adult entertainment business shall maintain and retain for a period of two years the names, addresses, home telephone numbers, social security numbers, and ages of each person employed or otherwise permitted to appear or perform on the premises as an entertainer, including independent contractors and employees. This information shall be available for inspection by the clerk-treasurer or the Kalama police department during the adult entertainment business’ hours of operation. (Ord. 1075 § 1 (part), 2001).

A. Each adult entertainment cabaret and each operator, manager, entertainer and employee thereof shall comply with the following requirements:
1. No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic hair, anus, buttocks, vulva and/or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron.
2. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, and/or buttocks, or any portion of the pubic hair, except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron.
3. No employee or entertainer shall touch, fondle or caress any patron or other person for the purpose of arousing or exciting the patron’s or other person’s sexual desires.
4. No employee or entertainer shall allow a patron to touch an employee or entertainer on the breast, in the pubic area, buttocks, or anal area. No patron or other person shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either party.
5. No entertainer performing upon any stage or in a performance area shall be permitted to accept any money offered for any purpose directly to the entertainer by any member of the public. Any money offered to any entertainer performing upon a stage or in a performance area must be provided through a manager on duty on the premises. Money shall not otherwise be exchanged between entertainers and members of the public. It is a gross misdemeanor for an entertainer to directly accept money from a member of the public or for a member of the public to directly give money to an entertainer while in an adult entertainment business. (Ord. 1075 § 1 (part), 2001).

A. Regulations Specific to Adult Entertainment Cabaret. Adult entertainment cabarets shall be arranged in such a manner that:
1. Adult entertainment shall occur only on a stage, at least eighteen inches above the immediate floor level and at least six feet removed from the nearest patron. No members of the public shall be permitted on a stage or within six feet of a stage, while adult entertainment is in progress.
2. One-on-one entertainment between an entertainer and a patron shall occur only in a designated performance area and at least four feet away from any patron. The perimeter of each performance area must, at all times, be clearly and completely delineated by a solid strip at least three inches wide in a contrasting color to the floor. Any seating in a performance area shall be arranged to face the stage and shall be permanently affixed to the floor. A strip at least two inches wide, and at least four feet long, in a contrasting color to the floor, shall, at all times, be affixed to the floor beginning at a point immediately under the center of the front edge of any seating in a performance area.
3. At least two licensed managers shall be on the premises of an adult entertainment cabaret at all times that the adult entertainment cabaret is open to the public, and shall be clearly identified at all times by means of a nameplate reading “ON DUTY MANAGER” in type no less than one and one-half inches tall. Such nameplate shall be conspicuously affixed to the manager’s clothing and clearly visible at all times. The names and licenses of the managers on duty shall be prominently posted and illuminated in an area open to the public during such managers’ shifts. The managers shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license. At least one licensed manager shall have at all times a clear, continuous, and unobstructed view of all stages on which adult entertainment is permitted to occur, and of all performance areas. While on duty, no manager shall provide entertainment or adult entertainment.
4. No adult entertainment shall be visible at any time from outside an adult entertainment cabaret.
5. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times.
6. No interior walls shall be allowed, other than to segregate restrooms, employee dressing rooms, manager’s office, or other areas reasonably necessary to the business operation of the adult entertainment cabaret. No member of the public shall be allowed in any such segregated area, other than restrooms.
7. There shall be posted and conspicuously displayed in the common areas of each adult entertainment cabaret a sign, at least three feet long and two feet high, listing in letters at least one and one-half inches high, any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each form of entertainment listed.
8. There shall be posted on each interior wall visible to the public, a well illuminated and conspicuously displayed sign, at least three feet long and two feet high,
listing in letters at least one and one-half inches high, the following:

It is a crime for entertainers to:

1. Expose their breasts below the top of the areola, any portion of the pubic hair, buttocks, genitals or vulva and/or anus, except upon a stage; or

2. Touch, fondle, or caress a patron or other person for the purpose of sexual arousal; and

It is a crime for patrons or other persons to:

1. Touch, fondle, or caress any entertainer or other employee; and

2. Give directly to any entertainer, or for any entertainer to directly accept any money from a member of the public, while on this premises.
B. Regulations Specifically Applicable to Adult Arcades.
1. Lighting. A minimum lighting level of thirty lux semi-cylindrical measured at thirty inches from the floor or ten foot centers shall be provided and equally distributed in and about the public portions of the adult arcade, including the viewing booths, so that all objects are plainly visible at all times.
2. Limit on number of persons within a viewing booth. No licensee, manager or employee shall knowingly permit more than one person to occupy a viewing booth at any given time.
3. Prohibited activities. No licensee, manager, or employee shall knowingly permit a patron to perform any specified sexual activities within a viewing booth.
4. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the adult arcade which states the following:

“It is unlawful to perform sexual acts within a viewing booth, and it is unlawful for more than one person to occupy a viewing booth at any given time. Violators are subject to criminal prosecution.”
5. Visibility from outside the adult arcade. No activity or entertainment occurring at or in an adult arcade, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the adult arcade.
C. Regulations Specific to Adult Theaters. Adult theaters must meet the following facility specifications:
1. The interior of an adult theater must be configured such that any entrance used by a customer shall open into a common area. All seats in a viewing area must be visible from the entrance to the viewing area without obstruction by a curtain, door, wall, merchandise, display rack or other material;
2. An area in an adult theater in which adult entertainment is viewed must contain at least eight seats. The seats must be permanently affixed to the floor and must all face the screen on which the adult entertainment is viewed;
3. Subject to seat availability, an adult theater viewing area must be open to any person entering the adult theater and may not be reserved for use by one or more customers. An adult theater may not admit more persons to a viewing area than the number of seats provided;
4. A door to an area on the premises that is available for use by a customer may not be locked during business hours;
5. A chair or seating surface may not provide a seating surface of more than eighteen inches in either length or width;
6. Sufficient lighting must be provided and equally distributed throughout the area that is open to and used by customers such that, during hours of operation, all objects are plainly visible. Sufficient lighting means a minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers, for all areas that are open to and used by customers. An adult theater that uses film projector technology may submit a written request to the director for permission to reduce the minimum lighting standard during the operation of the film projector. If the director finds that the specified lighting standard prevents the projection of the image onto the adult theater’s screen, the director may reduce the lighting standard for the viewing area to a level that allows for the projection of the image while still providing sufficient lighting that all objects are plainly visible within the viewing area;
7. A restroom may not contain viewing equipment;
8. The premises must be maintained in a clean and sanitary condition;
9. Adult entertainment provided on the premises of the adult theater, or a pictorial representation of adult entertainment displaying nudity or sexual conduct, may not be visible from outside the business; and
10. A sign must be conspicuously displayed inside every entrance to an adult theater, that states as follows:

1. No person under eighteen years old is permitted on the premises.

2. Masturbation and other sexual conduct reprohibited and unlawful on the premises.

3. A violation is subject to criminal prosecution and civil penalties.
(Ord. 1075 § 1 (part), 2001).

On the premises of an adult entertainment business, the business and its business license holders, business control persons, managers, employees and customers shall adhere to the operating requirements and standards of conduct as specified in the following:
A. Business license holder and business control persons responsible. The adult entertainment business license holder and any business control person shall be responsible for and shall assure that the conduct of the managers, employees and customers of the adult entertainment business complies with this chapter;
B. Licensed manager required on premises. The adult entertainment business must have, during hours of operation, a licensed manager on duty who is stationed in a location from which every viewing area and all customer areas of the business are visible at all times either by direct line of sight or by continuous video monitoring;
C. Licensed manager responsible. The on-duty manager is responsible for and shall assure that the conduct of the employees and customers of the adult theater complies with this chapter;
D. Posting of licenses. The holder of an adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open. The manager shall post his or her license next to the business license when he or she is on duty as the manager;
E. Prohibited hours of operation. The adult entertainment business license holder, business control person or manager may not operate the adult entertainment business or allow the adult entertainment business to be open to customers between two a.m. and ten a.m.;
F. Minors prohibited. An individual under eighteen years old may not be in or on the premises of the adult entertainment business. An adult entertainment business license holder, business control person or manager may not permit or allow a person under eighteen years old to be in or on the premises;
G. Alcohol prohibited without license. An individual may not possess, consume or serve an alcoholic beverage in the adult entertainment business unless, and to the extent, the business is covered by a liquor license issued by the Washington state liquor control board;
H. Obscene performances prohibited. An obscene performance may not be displayed or exhibited in the adult entertainment business;
I. Sexual conduct prohibited. An individual may not engage in sexual conduct; and
J. Warning device prohibited. A person may not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises. (Ord. 1075 § 1 (part), 2001).

A. The clerk-treasurer 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, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the clerk-treasurer; or
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 chapter.
B. Upon determination that grounds for revocation or suspension of a license exist, the clerk-treasurer shall send the license holder a notice of revocation or suspension. Such notice shall be effective upon the expiration of the ten-day appeal period set forth in Section 5.40.110 A, unless a timely notice of appeal is filed as specified therein. (Ord. 1075 § 1 (part), 2001).

A. Upon notice of non-issuance, revocation or suspension of any license under this chapter, or imposition of any penalty under Section 5.40.120, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the clerk-treasurer within ten days of and including the date of the notice of non-issuance, revocation or suspension. A timely notice of appeal shall stay the effect of the notice of non-issuance, revocation, suspension or imposition of any penalty under Section 5.40.120. An untimely notice of appeal shall be rejected as such by the clerk-treasurer, and no appeal hearing shall be scheduled. A warning notice to a manager, under Section 5.40.120 A1, shall not constitute the imposition of a penalty.
B. Upon timely filing of a notice of appeal, the clerk-treasurer shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be conducted no later than forty-five days from the date of the notice of appeal, unless an extension is agreed to by the appellant. The hearing examiner shall have the authority to issue
subpoenas for persons and documents relevant to the appeal, upon request of a party.
C. Within twenty days, excluding holidays recognized by the city, from the date of the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which shall set forth the reasons therefor.
D. A decision of the hearing examiner, or a decision of the clerk-treasurer to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the Cowlitz County Superior Court and properly served upon the city within fourteen calendar days of and including the date of the hearing examiner’s decision. (Ord. 1075 § 1 (part), 2001).

A. Strict civil liability for managers and operators. Managers of adult entertainment businesses shall be strictly liable, as set forth below, for any violation of this chapter committed by other employees or agents of the adult entertainment business, while in the adult entertainment business. These civil violations shall be known as permitting lewd performance. Notice of any such violations shall be on a form prescribed by the Chief of Police.
1. During any time that a manager is on duty, the first violation committed by any employee or agent of the adult entertainment business, including but not limited to entertainers and managers, shall result in a warning notice to such manager that he has committed the civil violation of permitting lewd performance and that subsequent violations shall result in penalties pursuant to this section. Copies of any warning notices issued under this section shall also be sent or delivered to the operator(s).
2. During any time that a manager is on duty, the second violation committed by any employee or agent of the adult entertainment business, including but not limited to entertainers and managers, shall result in a civil penalty of a mandatory five hundred dollar fine and a mandatory sixty day suspension of that manager’s license. Notice of this violation shall be sent or delivered to the operator(s).
3. During any time that a manager is on duty, the third violation committed, within twelve consecutive months of the first, by any employee or agent of the adult entertainment business, including but not limited to entertainers and managers, shall result in a civil penalty of a mandatory one thousand dollar fine and a mandatory one hundred twenty day suspension of that manager’s license. Notice of this violation shall be sent or delivered to the operator(s).
4. During any time that a manager is on duty, the fourth violation committed, within any period of twelve consecutive months, by any employee or agent of the adult entertainment business, including but not limited to entertainers and managers, shall result in a mandatory civil penalty of a one thousand five hundred dollar fine and a mandatory suspension of that manager’s license for one hundred eighty days. Notice of this violation shall be sent or delivered to the operator(s).
B. An operator of an adult entertainment business shall be deemed to have the knowledge, and to be strictly liable for the conduct, of its licensed managers, as set forth below. These civil violations shall be known as facilitating lewd operations. Notice of any such violations shall be on a form prescribed by the Chief of Police.
1. If any one or more licensed managers of an adult entertainment business are found to have committed a total of two or more civil violations of permitting lewd performance during any ninety day period, the operator(s) shall be strictly liable for a civil penalty of one thousand dollars.
2. If any one or more licensed managers of an adult entertainment business are found to have committed a total of six or more civil violations of permitting lewd performance, within any period of six consecutive months, the operator(s) shall be strictly liable for a civil penalty of two thousand five hundred dollars, and the adult entertainment business license shall be suspended for a fourteen day period.
3. If any one or more licensed managers of an adult entertainment business are found to have committed a total of twelve or more civil violations of permitting lewd performance, within any period of twelve consecutive months, the operator(s) shall be liable for a civil penalty of five thousand dollars and the adult entertainment business license shall be suspended for a period not less than thirty nor more than ninety days.
C. Any license suspension that extends beyond the end of a license year shall remain in effect, and any renewal license may be issued, but shall not be effective until the completion of the term of the license suspension.
D. Other than as specifically set forth in subsections A and B of this section, any person who knowingly violates any of the other provisions of this chapter is guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or imprisonment not to exceed three hundred sixty five days, or both. (Ord. 1075 § 1 (part), 2001).

The violation of or failure to comply with any of the provisions of this chapter is unlawful and shall constitute a public nuisance. The city may seek legal or equitable relief to enjoin any act or practice which constitutes or will constitute a violation of any regulation herein adopted. (Ord. 1075 § 1 (part), 2001).

The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. (Ord. 1075 § 1 (part), 2001).

A. This chapter is separate and independent from other provisions of the Kalama Municipal Code and does not relieve any person of the requirement:
1. To obtain a general business license under Chapter 5.04 of this code; or
2. To obtain any other permit or approval from the city under any provision of the Kalama Municipal Code. (Ord. 1075 § 1 (part), 2001).

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any civil or criminal liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or license holder to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter by the city or its officers, employees or agents. This section is specifically intended to include, but not be limited to, a complete grant of immunity from prosecution in favor of police officers and other city employees and agents engaged in covert or overt enforcement of this chapter. (Ord. 1075 § 1 (part), 2001).