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The purpose of this chapter is to establish a revised schedule of license and permit fees which may more equitably reflect the value of the privilege to the person receiving it, and more nearly compensate the city for the relative expense of inspection or supervision required to ensure compliance with the ordinances of the city.

It is unlawful and a misdemeanor for any person, firm, partnership, association, or corporation to conduct or engage in any business or profession, including the operation of trucks, or cars, by solicitors for gathering and delivering laundry, for selling bakery goods at retail from door to door, or any other similar operation within the city limits, without first having obtained a license so to do.

Such license shall be purchased on or before the thirty-first day of January for the ensuing year. In no case shall a business or profession begin operation until a license has been obtained. No business shall be granted a license renewal if said business is delinquent in payment of any other business related taxes or fees owed to the city.

The fee payable for a license to conduct or engage in any business or profession, including the operation of billboards, shall be as established by resolution of the city council. New businesses or professions beginning operations after July first will be subject to fifty percent of the current license fee. A ten percent penalty will be added to business license fees if annual renewal is over thirty days past due.

(Ord. 1119 § 3, 2003: Ord. 1062 § 2, 2001: Ord. 904 § 2, 1995: Ord. 637 § 1, 1979: Ord. 395 § 4, 1949).

Any place of business operating "games of skill," which term means and includes any electrical, mechanical, or other amusement device, which devices may be played by the insertion of a coin or coins, shall pay a license fee as established by resolution of the city council, or any part thereof, for each such skill game at the location, which license fee shall be in addition to any other license fee or tax required by any ordinances of the city.

(Ord. 1119 § 4, 2003: Ord. 657 § 1, 1981: Ord. 423 § 1, 1952: Ord. 395 § 6, 1949).

Circuses and carnivals shall pay a per day license fee and a fee per each concession in amounts as established by resolution of the city council.

Transient photographers shall pay a license fee as established by resolution of the city council.

All licenses hereunder shall be issued by the city clerk-treasurer upon applications therefor made in writing and signed by the applicant, showing his residence and business address and describing the business engaged in and giving such other information as may be required by the city council, upon payment of the fee for such license.

No license hereunder shall be transferable, nor the place of use thereof changed without the consent of the city council, and such license shall be kept posted and displayed in a conspicuous place in the place of business for which the same was obtained.

Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.

All licenses issued pursuant to the provisions of this chapter shall be subject to immediate revocation by the city upon finding that the privileges granted by said license have been, or are being abused, by the licensee. Licenses of businesses more than ninety days past due on any business related tax or fees shall be subject to revocation by the city. In the event such revocation is made, no refund shall be made for any unexpired portion of the licensing period.

A. "Detective business" means the business of making, for hire, an investigation or investigations for the purpose of obtaining information with reference to any of the following matters: crimes against any commonwealth or wrongs done or threatened; the habits, conducts, movements, associates, transactions, reputation or character of persons, firms, or corporations; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the securing of evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases; the cause, origin, or responsibility for fires, accidents or injury to real or personal property.

B. "Private detective" means a person engaged in the detective business, for hire, who does not employ or use any employees, assistants, clerks, bookkeepers, or operatives.

C. "Detective agency" means a person engaged in the detective business for hire, which employs one or more persons as employees, assistants, clerks, bookkeepers, or operatives in its business; provided, that persons engaged in the business whose employees, other than office employees, are in full uniform, shall not be classed as a detective agency.

D. "For hire," as used in this chapter, includes compensation paid directly or indirectly.

It is unlawful for any person to act, or to hold himself out as a special or private detective for hire within the city, or for any person to engage in, or hold himself out as being engaged in the business of furnishing or supplying special or private detectives within the city, unless such a person is licensed under this chapter or is regularly employed by a fully licensed special or private detective, named and described in the records of the police department and bureau of licenses of the city as provided in this chapter.

The holder of an unexpired license for a detective agency issued pursuant to this chapter may employ, to assist him in his work and in the conduct of his business, as many persons as he may deem necessary, and shall at all times during such employment be accountable for the good conduct in the business of each and every person so employed.

In addition to the usual required form and information, the following provisions shall apply to the application for license provided in this chapter:

A. 1. If the applicant is an individual, the application shall be signed and verified by the individual. If the applicant is a firm or partnership, the application shall be signed and verified by each individual composing or intending to compose the firm or partnership. The application shall state the full name, age, residence, present and previous occupation, covering a period of five years prior to the application, of each individual so signing the same. The application shall also give the location of the office in the city and, if there is more than one office, the location of each of the same, with facts sufficient to show the good character, competency, and integrity of each individual so signing the application. The application shall be approved as to each individual so signing the same by not less than five reputable citizens, each of whom shall certify that he has personally known the applicant for a period of at least five years prior to the filing of the application, that he has read the application and believes each of the statements made therein to be true, and that the person is honest, of good character, competent, and not related or connected by blood or marriage to the person so certifying. The certificate of approval shall be signed by each of the citizens and duly verified before an officer authorized to administer oaths.

2. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, or, if a foreign corporation, the application shall be accompanied by a certificate signed by the proper officers of such corporation showing the place and date of incorporation, a certified copy of its right to do business in the state, and the name of its duly authorized local agent. The application shall be signed and verified by the duly authorized local agent for the corporation. The application shall state the name of the corporation, its home office, and principal place of business in the city. Each and every requirement of the foregoing paragraphs of this section, as to a single individual or the individual members of a firm or partnership, shall apply to the president, secretary and treasurer of a domestic corporation and to the duly authorized local agent of foreign corporation. Each of the officers of local agents, his successor or successors, shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as is prescribed by the foregoing paragraph in the case of a single individual or individual member of a firm or partnership. In the event of the death, resignation or removal of any such officer or duly authorized local agent, due notice of that fact shall forthwith be given in writing to the city clerk-treasurer.

B. Upon receipt of an application, the city clerk-treasurer shall forward the same to the chief of police for investigation and report. Before making any recommendation, the chief of police shall cause the applicant, if the applicant, is an individual, each member of a firm or partnership, if the applicant is a firm or partnership, or the officers of a corporation or the authorized local agent of a foreign corporation, if the applicant is a local or foreign corporation, to be interviewed and his or their photograph and fingerprints taken and thorough investigation made into the character, reputation, and ability of the applicant or those making such application. The provisions of this chapter relating to provisional licenses shall not apply to this license, and no license shall be issued without the chief of police having approved the application. In the event the chief of police shall recommend against the issuance of the license, the applicant shall have the right to appeal to the city council.

A. The license fees for detectives and detective agencies shall be as established by resolution of the city council.

No person who is or has been an employee of a holder of a license granted under the provisions of this chapter shall divulge to any one other than his employer, except as may be required by law, any information acquired by him during his employment in respect to any of the work to which he shall have been assigned by his employer, or any information obtained by him in his employer's service.

No person who is an employee of a holder of a license issued under the provisions of this chapter shall make any false report or account to his employer.

Every private detective and every employee of a detective agency licensed under the provisions of this chapter shall at all times have in his or her possession an identification card in form to be approved by the city clerk-treasurer and the chief of police. The identification card, in addition to such requirements as may be provided by the city clerk-treasurer and chief of police, shall include a photograph of the holder and shall bear his thumbprint and signature. It is unlawful for any person so licensed or the employee of any agency so licensed to engage in any work coming within the purview of this chapter without having such an identification card in his possession. It is unlawful for an unlicensed person or employee of an unlicensed agency to have such identification card. Upon revocation of license, the identification cards of all employees of an agency whose license has been revoked shall be surrendered. All such identification cards shall be surrendered to the city clerk-treasurer upon the issuance of a new license. Identification cards shall be valid only for the calendar or fiscal year in which they are issued.

Any license issued under the provisions of this chapter may be revoked by the council upon hearing duly had, for any of the following reasons:

A. If it appears that the licensee has knowingly violated any of the provisions of this chapter;

B. If it appears that the licensee has knowingly instructed any employee to violate any of the provisions of this chapter;

C. If it appears that the licensee has knowingly made a false report in respect to any of the matters in which the licensee may be employed;

D. If it appears that the licensee has divulged any information which he acquired from or for his client to any person other than his client, except when authorized by his client to divulge such information, or when required to do so by law;

E. If it appears that the licensee has knowingly and willfully sworn falsely in any judicial proceeding, or suborned perjury therein;

F. If it appears that the licensee has knowingly permitted any employee to divulge any information acquired for or from his client;

G. If it appears that the licensee has accepted money or gratuities from any person whose affairs he may have been employed by another person to investigate. In the event it appears that any copartner or any member of a firm or any officer or authorized local agent of a corporation holding a license under this chapter has done any of the things set forth in the foregoing subsections of this section, then the council may revoke the license of the partnership, firm or corporation.

A. Any officer belonging to the police force of the United States, the state, or of any county, city, town or other municipal corporation, appointed or elected by due authority of law, insofar as his activities in such official capacities are concerned;

B. Any person in the employ of any police force or police department of the United States or any agency of the United States, the state, county, city, town or other municipal corporation, while engaged in the performance of his official duty;

C. Any United States or county attorney, the United States or State Attorney General or city attorney, or their deputies, or assistants, or any person in the employ of a county attorney, Attorney General or city attorney while engaged in the performance of his official duties;

D. Any association or corporation organized for patriotic purposes and not for pecuniary profit;

F. Any other person engaged in the business of doing only police work and not in the detective or secret service business.

The following chapters and sections of RCW, Title 66, commonly known as the Alcoholic Beverage Control Act, are adopted by reference as the ordinance law of the city:

Chapter 66.04:	Section 66.04.010.
Chapter 66.28:	Sections 66.28.080, 66.28.090.
Chapter 66.32:	Sections 66.32.010, 66.32.020, 66.32.030, 66.32.040, 66.32.050, 66.32.060, 66.32.070, 66.32.080, 66.32.090.
Chapter 66.44:	Sections 66.44.100, 66.44.110, 66.44.120, 66.44.130, 66.44.140, 66.44.150, 66.44.160, 66.44.170, 66.44.175, 66.44.200, 66.44.210, 66.44.260, 66.44.270, 66.44.280, 66.44.290, 66.44.291, 66.44.300, 66.44.310, 66.44.315, 66.44.320, 66.44.325.

The clerk-treasurer shall keep on file, at all times and open for public inspection, at least three copies of the chapters and sections of the Revised Code of Washington adopted by reference herein.

A. Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers that will hold four gallons or more of malt liquor to consumers who are not licensed under RCW Chapter 66.24 shall do the following for any transaction involving the container:

1. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage;

3. Require the purchaser to sign a sworn statement under penalty of perjury, that:

b. The purchaser will not allow anyone under the age of twenty-one years to consume the beverage,

c. The purchaser will not remove, obliterate or allow to be removed or obliterated, the identification label to be affixed to the container;

4. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located;

5. Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event at a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control.

B. Violation of any of the provisions of this section is a misdemeanor, punishable as provided in Chapter 1.12 of this code.

A "peddler or solicitor" within the meaning of this chapter means any person who goes from house to house or place to place in the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or services for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery, except those selling to merchants for resale.

It is unlawful for any person to act as a peddler or solicitor within the meaning and application of this chapter unless he or his employer shall have first secured a license therefor in the manner provided by this chapter.

Any person or firm desiring to secure a peddler's or solicitor's license shall apply therefor in writing over his or her signature to the clerk-treasurer on forms provided by the city, and such application shall state as to each peddler or solicitor:

D. The place of residence and nature of the employment of each peddler or solicitor during the last preceding year;

E. The nature or character of the goods, wares, merchandise or services to be offered by each peddler or solicitor;

Such application shall be accompanied by such credentials and other evidence of the good moral character and identity of each peddler or solicitor as may be reasonably required from time to time by the city council.

If the city council determines that the facts set forth in the application are true, such peddler or solicitor is of good moral character, and that he proposes to engage in lawful and legitimate commercial or professional enterprise, the city council may then approve the application, and direct the clerk-treasurer to issue the license applied for. Such license shall expire on the thirty-first day of December of the year in which such license shall have been issued. Except as hereinafter provided, no license shall be issued until full investigation as aforesaid is made.

At the time application by any peddler or solicitor is made for such license a fee as established by resolution of the city council shall first be paid unto the city clerk-treasurer. In the event said license is denied by the city council, one-half of said fee shall be refunded to the applicant.

Such license shall be carried at all times by each peddler or solicitor for whom issued when soliciting or canvassing in the city, and shall be exhibited by any such solicitor whenever he or she is requested to do so by any police officer or any person solicited.

Any such license may be revoked by the city council for any violation by the employer or solicitor of any of the ordinances of the city or of any state or federal law, or whenever such peddler or solicitor shall, in the judgment of the city council, cease to possess the character and qualifications required by this chapter for the issuance of such license.

If any applicant for a license, including peddler or solicitor or his employer, is unwilling to receive a license only upon the conclusion of the investigation provided heretofore, and if he desires the issuance of a license by the city council immediately upon application, he may, in addition to the fee heretofore provided, deposit with the city clerk-treasurer a cash or surety bond to be approved by the city clerk-treasurer in the sum of one thousand dollars conditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms of such order, or, failing therein, that the advance payment on said order be refunded, and, thereupon, such license or licenses may be immediately issued. Any person aggrieved by the actions of any such solicitor shall have a right of action on the bond for the recovery of the money or damages or both. Such bond shall remain on deposit for a period of ninety days after the expiration of such license unless sooner released by the city council.

Any orders taken by licensed peddlers or solicitors shall be in writing, in duplicate, stating the name as it appears on the license and address of both the peddler or solicitor and his employer, the terms thereof, and the amount paid to him in advance, and one copy shall be given to the purchaser.

This chapter shall not apply to the peddlers of, or to the taking orders for the sale of, any fruits, vegetables, berries, butter, eggs, milk, poultry, meats, or farm products raised or produced by such peddler or solicitor.

A. As used in this chapter, "business" means every person furnishing music, entertainment, and/or the opportunity to dance in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises.

B. As used in this chapter, "occasional basis" means the furnishing of music, entertainment, and/or the opportunity to dance not more than six times per calendar year.

A. There is levied and shall be collected a quarterly license fee as established by resolution of the city council, payable quarterly on the first day of each calendar quarter throughout the year, beginning on January 1st of each year, against every business furnishing music, entertainment and/or the opportunity to dance on other than an occasional basis in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises.

B. There is levied and shall be collected a temporary license fee as established by resolution of the city council, payable at the time of application therefor, which shall be not less than ten days prior to the holding of such event, in connection with the furnishing of music, entertainment and/or the opportunity to dance on an occasional basis in connection with the operation of an establishment for the dispensing of beverages for consumption on the premises; provided, however, during any one calendar year, such temporary license shall not be issued to a single establishment on more than six occasions.

(Ord. 1119 § 6, 2003: Ord. 719 § 1, 1985: Ord. 680 § 2, 1982: Ord. 637 § 3, 1979: Ord. 462 § 2, 1962).

The license and license fee herein provided for shall be in addition to any other business license or business license fee now paid by such persons in compliance with any ordinance now in effect or hereinafter enacted.

Every person desiring to engage in any such business activity or privilege within the city, shall make application for a license to do so to the city clerk-treasurer at his office on a form to be furnished by the clerk-treasurer, in which it shall be stated the residence of the applicant, and the place where the dance is proposed to be conducted. If the clerk-treasurer finds the application to be correct, he shall issue the license in accordance therewith.

If any person required to pay a license fee by this chapter fails or refuses to pay the license fee, at the time heretofore specified, he shall not be granted a license for the current licensing period until such delinquent license fee has been paid in addition to the current fee required.

Each license granted under the provision of this chapter shall be personal to the licensee and shall not be assignable or transferable.

All licenses issued pursuant to the provisions of this chapter shall be subject to immediate revocation by the city council upon finding by the council that the privileges granted by said license have been, or are being abused, by the licensee; that the conduct of the privilege granted by said license constitutes a nuisance or is otherwise detrimental to the peace and good order of the city or the welfare of its citizens. In the event such revocation is made, no refund shall be made for any unexpired portion of the licensing period.

A. It is unlawful for any person to engage in, or carry on any such business activity or privilege without first paying for and procuring the license so to do, as required by this chapter.

B. Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.

C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.

"Annual permit" means a permit which allows the permittee to hold regular, identical events throughout the calendar year.

"Special event" means any dance, festival or event involving city property and/or city street(s) where the number of persons expected to attend exceeds one hundred fifty persons, or all events where city streets or sidewalks will be blocked or modified, regardless of the number of persons expected to attend, except as set forth below. A special event also includes events on private property where the expected attendance exceeds five hundred persons where Kalama public streets and parking are likely to be affected. A special event may include any or all age groups or persons or any combination thereof, as set forth in the permit to conduct such event.

1. Any meeting or gathering in a building intended for assembly occupancy where the number of persons in attendance does not exceed the occupancy capacity of the building;

2. Service group, school or church related fund raising efforts which may have an incidental effect on city property, but where the persons in attendance will be less than one hundred fifty persons. This exemption includes, but is not limited to, bake sales, the sale of girl scout cookies and car washes.

3. Clubs, fraternal orders, societies or groups which are profit or nonprofit corporations or associations under the laws of Washington State.

"Teenage dance" means a dance or musical event to which a person under twenty-one years of age is admitted, with or without payment of a monetary fee or other form of admission charge; provided, that attendance is restricted to persons who are at least thirteen years of age, but not more than twenty years of age (except with the approval of the sponsor) or who are currently enrolled in an accredited secondary school. This does not include school or church sponsored teenage dances.

"Vendor" means any person, persons, business or entity selling goods or services to the general public from a rented booth or area or as part of a special event activity.

No person, firm, corporation, club, organization or association shall conduct, hold, or sponsor any special event involving city property and/or city street(s) without a permit being issued and approved by the city and payment of the permit fee received by the city clerk-treasurer. Prior to approval by the city, the permit application shall be circulated for comment to the clerk-treasurer, public works director, chief of police, and fire chief. Any sponsoring group aggrieved by the denial of a special events permit may appeal to the city council at its next regularly scheduled meeting.

No permit to conduct, hold or sponsor any special event involving any city property and/or city street(s) shall be issued except to a sponsor or sponsoring group.

Any sponsor or sponsoring group shall make provisions for the following if applicable:

Any sponsor or sponsoring group to whom a permit has been issued to conduct, hold or sponsor an event shall be responsible for the following during the event:

B. The admission to the event of only those persons within the age limits that the permit allows;

C. The removal from the event of persons who are disorderly, or create disturbances;

D. The enforcement of all provisions of this chapter under which the permit was issued;

E. The acquisition, placement and removal of all temporary sanitation facilities;

H. No event sponsor shall obstruct a city street beyond five feet from the center line of the city street.

Permit fees for the permits required under Section 5.18.020 of this chapter shall be as established by resolution of the city council.

A. Annual Permit. A separate permit shall be required for each event unless the sponsor or sponsoring group has received an annual permit. The holder of an annual permit shall furnish to the city clerk-treasurer in writing the date, time and location of each event involving city property or city street(s), and all applicable provisions of Section 5.18.040 of this chapter. This information shall be received by the city clerk-treasurer no less than fourteen days before the date of the individual event.

B. A vendor permit covering all participating vendors is required in addition to the special events permit for any event that will include the setting up of booths, tables, or areas for the purpose of selling goods and services by persons or businesses not licensed by the city of Kalama. Under this provision individual vendors at a special event will not be required to obtain a regular city business license as required under KMC Chapter 5.04.

A. The application for a permit under this chapter shall be filed with the city clerk-treasurer, who shall forward copies of the application to each of the individual city department supervisors. The individual city department supervisors shall review their copy of the permit with respect to the function of their department, and shall in writing on their copy indicate their review, including:

2. Established city requirements for the issues specified in Section 5.18.040 of this chapter;

3. What, if any, issues of Section 5.18.040 of this chapter their department will/can provide and/or assist with.

B. All applications shall be made in writing and signed by the sponsor or a member of the sponsoring group who is at least twenty-one years of age.

C. All applications shall be filed at least fourteen days prior to the date upon which a proposed event is to be held and shall set forth the following:

5. Certification that the place or premises conforms with safety regulations of the Kalama building and fire codes;

10. Such other information needed to evaluate the required provisions of the issues listed in Section 5.18.040 of this chapter.

C. If a vendor permit is required the sponsor will need to provide the following information for all vendors participating in the event prior to the first day of the event:

When applicable, the application for a permit shall be accompanied by a drawing showing proposed parking facilities. All applicants shall obtain written parking permission from private property owners to be attached to the application.

If such application is disapproved, the city shall set forth in writing the reasons for the disapproval and attach a written statement to the application and forward a copy to the applicant. If disapproval of the application is recommended by the city, the applicant may appeal the disapproval to the city council at their next regular meeting.

A state certified law enforcement officer may revoke or suspend a permit after it has been issued if he or she finds any of the following:

A. The applicant for the permit or the permit holder has committed a violation of any provision or regulations of this chapter;

The applicant shall provide a plan for security. The applicant may use a licensed and bonded private security company or request security from the Kalama police department.

If an applicant seeks to use the Kalama police department for security, the applicant shall, at the time the permit is granted, pay the regular officers overtime rate times the number of expected hours the event will last, times the number of officers needed for the event to cover the cost of any special duty or deputy police officers. The payment shall be made to the clerk-treasurer at the time the permit is granted.

A. No permit shall be granted unless the applicant has on deposit with the city clerk-treasurer cash or surety bond, to save and protect the city from any and all expense and/or damage arising from the operation of the applicant's event or caused by vehicles, employees, participants and/or patrons of or at the event. The bond shall be used to: (1) pay all charges and losses of the city for damage to the streets, sidewalks, pavements, bridges, street signs and other city property; (2) pay all expenses incurred by the city in restoring the land upon which the event is held to a safe and sanitary condition; and (3) pay any extraordinary law enforcement costs incurred by the city which result from or arise out of the operation of the event. The amount of the bond shall be determined on the basis of the number of persons in attendance or reasonably expected to be in attendance at any event, as follows:

300 to 1,000 persons	$ 300.00
1,001 to 2,500 persons	500.00
2,501 to 5,000 persons	1,000.00

B. The bond deposited shall be returned to the applicant, when the city clerk-treasurer certifies that no charge for damage or loss may be made against the deposit, or that the charge is less than the cash amount of the deposit and the balance shall be returned.

C. A waiver of the deposit requirement will be considered under the following conditions:

1. The event has been held without incident or claims in the prior two consecutive years;

2. The event is sponsored by a local Kalama organization (i.e., Amalaks, Kalama Chamber, Kalama Lions); and

3. The event sponsor signs a statement of understanding that as sponsor they are liable for any and all extraordinary expenditures incurred by the city arising from the operation of the event that would have been covered by the deposit.

This waiver is for the deposit only and all requirements for liability insurance must still be met.

The applicant shall furnish evidence of a liability insurance policy providing for a minimum of one hundred thousand dollars bodily injury coverage per person; three hundred thousand dollars bodily injury coverage per occurrence; one hundred thousand dollars property damage coverage; and naming the city of Kalama as an additional insured.

All event sponsors shall comply with all applicable state and federal laws when holding a special event.

If the provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.

Upon every entity engaged within this city in any one or more of the utility businesses hereinafter mentioned, as to such entity there shall be imposed a tax equal to the gross service receipts of the business multiplied by the rate set out after the business as follows:

A. The business of selling, furnishing or distributing television by way of coaxial cable within the city, six percent.

B. The business of selling, furnishing or distributing electrical energy within the city, six percent; provided, however, to encourage the location of new manufacturing industries within the city and the expansion of annexation of existing manufacturing industries therein, the tax shall not apply to that portion of any monthly billing in excess of one thousand dollars charged to any entity or division thereof using electrical energy primarily for manufacturing purposes.

C. The business of selling, furnishing or distributing natural gas, six percent; provided, however, to encourage the location of new manufacturing industries within the city and the expansion or annexation of existing manufacturing industries therein, the tax shall not apply to that portion of any monthly billing in excess of one thousand dollars charged to any entity or division thereof using natural gas energy primarily for manufacturing purposes.

D. The business of selling, furnishing or distributing water through the city's system of water works, whether such works or customers are located within or beyond the city limits--six percent.

E. The business of selling, or furnishing sanitary sewer service, whether such works or customers are located within or beyond the city limits--six percent.

"Gross service receipts" mean any and all compensation and other consideration received directly by the utility entity from customers or subscribers in payment for regularly furnished services of that utility. Gross service receipts shall not include noncollectible accounts or revenue from auxiliary services of the utility entity, such as rents and advertising.

The tax rates provided herein shall become effective sixty days following the enactment of the ordinance codified in this chapter; provided, however, any existing ordinance providing for a tax, license or franchise fee for the operation of utility service shall remain in effect at the current rate until such time as the new rates become effective. All amounts due hereunder shall be paid in accordance with the payment period previously established with each entity.

No person shall maintain or operate a manufactured home park within the city without first obtaining a business license from the city. Operators of manufactured home parks existing prior to the approval of this chapter, shall obtain within ninety days thereafter a license and comply with this chapter.

Application for a license to operate a new manufactured home park shall be filed with the city clerk-treasurer and referred to the building department for approval. An enlargement of a manufactured home park site or an increase in the number of manufactured home spaces in an existing park shall be subject to the provisions of this chapter regulating new parks.

Any required manufactured park license shall be displayed in a conspicuous place on the park premises.

A. If a transfer of license for a manufactured home park under the provisions of this chapter is desired, an application for transfer shall be filed with the city clerk-treasurer accompanied by a fee per current fee schedule. The application shall contain the name and address of the present licensee, the applicant and the location of the park and the name and address of the transferee. Before the transfer of license is approved, it shall be referred to the building department to determine if the park complies with all applicable regulations. Upon receipt of approval, the city clerk-treasurer shall issue a new license to be valid until December 31st of the same year.

B. If the application for transfer is disapproved, the city clerk-treasurer shall set forth in writing the reasons therefore and state the action necessary to receive approval. The applicant may appeal the ruling to the city council by filing a written notice of appeal with the city clerk-treasurer within ten days of the decision.

A. The city council may revoke any license to maintain and operate a manufactured home park if the park does not conform to the provisions of this chapter and other ordinances of the city relative thereto.

B. Prior to revocation of a license, the city clerk-treasurer shall give notice in writing setting forth the reason for revocation and of a hearing before the city council, at which time the revocation will be considered. The notice shall be in writing and shall be sent to the licensees at least ten days before the hearing. For the purpose of the notice, the name and address that appears on the application for license or transfer of license shall be used.

C. The license may be reissued if the park is made to conform to the provisions of this chapter and other ordinances of the city relative thereto.

Any person failing to apply for a business license within thirty days after engaging in the manufactured home park business shall be considered delinquent and shall pay a penalty of fifty percent of the business license fee in addition to the fee provided elsewhere in manufactured home park regulations.

Any person violating any provision of this chapter upon conviction thereof shall be punished by imprisonment not to exceed ninety days or by a fine not to exceed one thousand dollars, or both. Each day that a violation of this chapter continues shall constitute a separate offense.

* Editors Note: Ord. No. 1219, §§ 1, 2, adopted July 16, 2008, repealed Ch. 5.24 and added a new Ch. 5.24 to read as set out herein. Former Ch. 5.24 pertained to similar subject matter and derived from Ord. No. 464, §§ 1--13, adopted 1962; and Ord. No. 1143, § 5, adopted 2004.

The licensing of taxicabs, the examining of the qualifications of applicants to drive taxicabs, and the licensing of drivers as hereinafter provided shall be under the supervision of the city clerk-treasurer, and the inspection of taxicabs, inspection and sealing of taxicab meters and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police or designee.

A. No taxicab shall conduct business or be operated upon the streets of the city without first obtaining a city of Kalama taxi license to do so.

B. Such license, if issued, shall be for the calendar year and shall be effective for such period of time unless sooner revoked or suspended, as hereinafter provided.

A master license shall be procured by any firm, corporation, partnership, association or individual managing the operation of any taxicab, or taxicabs, within the city. The fee for such master license shall be as established by resolution of the city council; provided however, in case of licenses issued on or after July 1st of each year, only one-half of the abovementioned fees shall be paid. Such licenses shall not be transferable. The initial application shall include a fee covering the costs of background checks, and vehicle inspection fees as set by resolution of the city council.

Applicants for such master license shall make application on forms furnished by the city clerk-treasurer. Such application shall contain the full name and address of the owner, the type of vehicle and its passenger carrying capacity. No master license shall be issued unless the applicant furnishes satisfactory evidence to the city that the taxicab, or taxicabs, used by such applicant are in a safe and suitable condition for such use, and the applicant passes a background check which indicates that they have a valid driver's license, and have not been convicted of any offense involving moral turpitude nor been convicted within the last three years of any intent to defraud, and until such applicant shall furnish proof of compliance to the laws of the state currently enforced or hereinafter enacted relating to motor carrier's bond or insurance in lieu of such bond.

A. In addition to the master license heretofore provided for, every person driving a taxicab within the city must be licensed by the city as a taxicab driver. No person shall be issued a for hire driver's license unless he possesses the following qualifications:

4. Must not be addicted to and/or use intoxicating liquors or illegal narcotics;

5. Must not have any convictions for serious criminal driving offenses under Title 46 of the Revised Code of Washington within the last five years;

6. Must not have been convicted of any felony offense or crime involving moral turpitude prior to application;

7. Shall submit to fingerprinting and a background check by the police department.

8. Such other conditions as the police chief may require in furtherance of the provisions of this chapter.

B. Upon receipt of an application the city clerk-treasurer shall forward the application to the chief of police for investigation. He shall investigate the statements contained therein, and may obtain such other information concerning the applicant's character, integrity, personal habits, past conduct, and general qualifications showing the applicant's ability and skill as a driver of a taxicab and his honesty, integrity, and character for the purpose of determining whether the applicant is a suitable person to drive a taxicab with the city. All applications for for-hire driver licenses shall be come null and void after sixty days from the date of filing, if the applicant for any reason fails or neglects to obtain a license.

C. Persons holding a valid license as of the effective date of the ordinance codified in this chapter shall not be required to reapply to determine compliance with the provisions of this chapter unless the police chief or his designate should determine on a case-by-case basis that a currently licensed individual should be subjected to the more stringent background check provided under this chapter.

1. Sign a release to allow the city to run a drivers license and criminal history verification annually.

2. Taxicab owners shall include vehicle inspection report from a certified licensed mechanic verifying vehicle safety annually.

There shall be an additional annual fee for the taxicab driver's license as established by resolution of the city council. Such license shall not be transferable. The application shall include a fee covering the costs of background checks as set by resolution of the city council.

Upon satisfactory compliance with the foregoing requirements, there shall be issued to the applicant a license which shall be in such form as from time to time prescribed by the city council. Such license may be renewed from year to year by appropriate endorsement thereon by the city clerk-treasurer.

Every owner or operator of any taxicab shall at all times carry in such vehicle permits issued by the department of licensing of the state showing such vehicle to be properly bonded for the protection of the public and also the licenses and permits issued pursuant to this chapter.

Every taxicab license under the provisions of this chapter, shall have the name of its owner or firm name plainly painted in letters at least two inches in height in conspicuous place on each side of the vehicle.

All taxicabs shall be maintained in a condition of continued fitness for public use and to this end an annual inspection report from a certified licensed mechanic will be submitted with the annual license renewal. The city has the right to request vehicle inspections due to complaints or from time to time as they may deem necessary to protect public safety.

Every licensee shall, before commencing operation, file with the clerk-treasurer his proposed schedule of rates and charges, which rates shall not exceed those rates and charges set forth in Section 5.24.100 of this chapter. It is unlawful for any licensee to charge any greater sum than is specified by such filed schedule of rates, and it is unlawful to make any discriminatory charges to any person.

A. No person owning, operating or controlling any taxicab within the limits of the city shall charge an amount to exceed the following rates:

1. For the first one-ninth of a mile or fraction thereof, for one person, two dollars and fifty cents;

4. For the first three minutes of waiting time, one dollar and fifty cents; for each additional minute of waiting time, fifty cents;

5. No charge shall be made for children under six years of age accompanied by parent or guardian;

6. Taxicabs operating for hire by the hour shall not charge rates in excess of thirty dollars per hour, including waiting time;

7. Rates included above are subject to change by resolution of the city council.

B. Waiting time shall include the time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called for the time consumed while standing at the direction of the passenger, but no charge shall be made for time lost for inefficiency of the taxicab or its operation, nor for the time consumed by premature response to a call.

C. No charge, whatsoever, shall be made for any distance traveled prior to actual occupancy of the taxicab by the passenger, nor for any distance traveled after the taxicab has been released by the passenger, regardless of the commencement or finish of the trip made.

D. If demanded by the passenger, the driver in charge of a taxicab shall deliver to the person paying for the hiring of the taxicab a receipt therefore containing the name of the owner, the driver's city license number, and any items for which a charge is made, together with the total amount paid and the date of payment.

It is unlawful for the holder of a taxicab license to directly or indirectly lease or sublet his business and license to another person or persons for use or operation, and any such action shall be grounds for revocation of the license; provided, however, that nothing contained in this section shall prevent the holder of a valid taxicab license from employing drivers for his taxicabs.

A. It is unlawful for anyone engaged in the business of operating a taxicab to knowingly employ a driver who has within one year prior thereto been convicted of driving any motor vehicle while under the influence of or affected by intoxicating liquors, narcotics or barbiturates.

B. If any driver of a taxicab is convicted of driving such vehicle while under the influence of or affected by liquor or narcotics, the for hire driver's license of such driver shall be revoked and he shall not be granted a for hire driver's license for a period of at least one year from the date of such conviction.

It is unlawful for any for hire driver to haul any additional passengers when his taxicab has been engaged for hire and is occupied already by a passenger or passengers, except with the permission of such occupying passenger or passengers.

A. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab unless the taxicab is equipped with a taximeter which has been inspected and approved by the chief of police. It shall be the duty of the owner, driver or any other person having possession or control of a taxicab to at all times keep such taximeter accurate and in good working condition. Prior to the installation of such taximeter, it shall be approved for operation by the chief of police or the chief of police may require the licensee to have such meter tested and inspected by another municipal agency or independent testing laboratory, and upon such approval, a written notice and lead-wire seal shall be plainly posted and attached to the taximeter for the information of the public. Such taxicab meters shall be rechecked and inspected at least annually in the same manner as the original inspection.

B. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab whenever the lead-wire seal of approval has been broken, cut, removed or is missing.

C. It is unlawful for any person to fail, resist or refuse the chief of police or his duly authorized agent or representative to test and reinspect the taximeter at any time when so ordered.

It is unlawful for any driver of a taxicab while carrying passengers or under employment to display the flag attached to the taximeter at such a position as to denote that such taxicab is not employed, or to fail to throw the flag of such taximeter at a nonreading position at the termination of each and every service.

Every person owning or engaged in the business of operating any taxicab shall keep a record of all trips made, together with the information required upon the passenger's receipt provided for in this chapter, which record shall be open for inspection at all reasonable times by the chief of police or city attorney, and shall cause to be carried in such vehicle the permit issued by the department of licenses of the state showing such vehicles to be properly bonded or insured for the protection of the public, and also the licenses and permits issued pursuant to city ordinances.

A. Suspension and Revocation. The clerk-treasurer and chief of police are authorized and directed to enforce the terms and provisions of this chapter. If it is determined that any licensee has violated or failed to comply with any provision of this chapter, the clerk-treasurer or chief of police shall make a written record of such findings, specifying therein the particulars of any such violation, and thereupon the license of any such person may be suspended or revoked for a period to be fixed by the clerk-treasurer and chief of police, in which event the license shall be surrendered to the clerk-treasurer. In case of revocation, such license shall be cancelled, and in case of suspension, it shall be returned to the licensee after expiration of the period of suspension; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee of the penalties otherwise provided for in this chapter.

B. Appeals. Any licensee whose license is revoked or suspended by the clerk-treasurer or chief of police shall have the right to appeal to the city council from any such order by filing with the city clerk-treasurer a written notice thereof within five days after the entry of the order of revocation or suspension. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. After the filing of such appeal, the city clerk-treasurer shall set a time and place, not more than thirty days from such notice of appeal, for hearing thereon, or such matter may be referred to the city council for hearing. At the hearing the licensee shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the revocation or suspension. Upon filing of notice of such appeal, the city clerk-treasurer and chief of police shall immediately submit to the city council, such records, data, reports and information as they have in their possession supporting their order of suspension or revocation. Immediately after such hearing, the city council shall determine whether the revocation or suspension shall be sustained, and its action in that respect shall be final and conclusive in all respects. From the time of filing the written notice of appeal by the licensee and until the hearing and action thereon by the city council, the order of the city clerk-treasurer and chief of police relative to such suspension or revocation shall be stayed.

Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment.

A. The clerk-treasurer is authorized to issue temporary business licenses for business enterprises which will operate on a temporary basis.

The fee for such temporary business license will be as established by resolution of the city council.

For the purpose of this chapter, the following terms and definitions shall be used:

"Competitive telephone service" means the providing by any person of telephone equipment, apparatus or service, other than toll service, which is of a type which can be provided by persons who are not subject to regulation as telephone companies under Title 80 of the Revised Code of Washington, and for which a separate charge is made.

"Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including graphical subnetwork called the world wide web.

"Internet service" means a service that includes computer processing applications, provides the user with additional or restructured information, or permits the user to interact with stored information through internet or a proprietary subscriber network. "Internet service" includes provision of internet electronic mail, access to the internet for information retrieval, and hosting of information for retrieval over the internet or the graphical subnetwork called the world wide web.

"Local service revenue" means the total amount of income received from the providing of local access in the operation of a telephone business for hire within the corporate limits, including charges for long distance access and long distance calls. "Local service revenue" shall not include charges for any competitive telephone service or any telephone service which the city is prohibited from taxing in accordance with any state or federal statute. "Local service revenue" shall not include the amount historically written off by the telephone business for bad debts.

"Telephone business" means the business of providing access to a local telephone network, local telephone switching service, toll service, cellular and other wireless telephone service, both digital and analogue, or coin telephone services, or providing telephonic video data or similar communication or transmission for hire by way of a local telephone network, toll line or channel, cellular or other wireless telephone network, microwave, or a similar communication or transmission system. It shall include cooperative or farmer line telephone companies or associations operating an exchange.

"Telephone business" shall not include the providing of competitive telephone service, nor the providing of cable television service.

From and after the effective date of the ordinance codified in this chapter, no person, firm or corporation shall engage in or carry on any telephone business within the corporate limits of the city of Kalama without first having obtained, and being the holder of, a license to do so to be known as a "telephone business license." Each such person, firm or corporation shall promptly apply to the clerk-treasurer of the city for the issuance of such license upon such form as the clerk-treasurer shall prescribe, giving such information as the clerk-treasurer shall deem reasonably necessary to enable the clerk-treasurer to administer and enforce this chapter, and upon acceptance of such application by the clerk-treasurer, the clerk-treasurer shall issue such license to the applicant. Such occupational licenses shall be personal and not transferable, and shall be valid for so long as the licensee shall continue in such business, and shall comply with this chapter; provided, however, that all licenses shall be subject to review annually, and in the event the holder of such license has failed to comply with the terms and conditions of this chapter, such license may be terminated as provided in Section 5.36.060.

From and after the effective date of this chapter, there is levied upon, and shall be collected from every person, firm or corporation engaged in the carrying on of a telephone business for hire, within or partly within the corporate limits of the city, a tax equal to six percent of the local service revenues derived from the operation of such business within the corporate limits of the city; provided, however, that the tax imposed by this Section 5.36.030 shall not apply to amounts deposited into coin-operated telephone, video or data instruments or devices or to revenues derived from local calls billed to a telephone service account other than the account associated with the line or channel from which the call originated.

A. The tax imposed by Section 5.36.030 shall be due and payable in quarterly installments, and remittance shall be made on or before the thirtieth day of the next month succeeding the end of the quarterly period in which the tax accrued. Such quarterly periods are as follows:

First quarter:	January, February and March
Second quarter:	April, May and June
Third quarter:	July, August and September
Fourth quarter:	October, November and December

B. The first payment made hereunder shall be made by the thirty-first day of July, 1999, for the three month period ending the thirtieth day of June, 1999.

C. On or before such due date, the taxpayer shall file with the clerk-treasurer of the city a written return upon such form, and setting forth such information as the clerk-treasurer shall reasonably require, together with the payment of the amount of tax.

Each telephone company shall keep records reflecting the amount of the local service revenue of such company, and such records shall be open at all reasonable times to the inspection of the clerk-treasurer of the city, or the duly authorized representative of the clerk-treasurer of the city, for certification of such tax returns or for the fixing of the tax of a taxpayer who shall fail to make such returns.

If any person, firm or corporation subject to this chapter shall fail to pay any tax required by this chapter within thirty days after the due date thereof, the amount of tax unpaid shall bear interest at the rate of twelve percent per annum, and shall constitute a debt to the city, which may be collected by court proceedings, which remedy shall be in addition to all other remedies. Additionally, the clerk-treasurer of the city shall, on or after the thirtieth day past the date when tax due pursuant to the terms of this chapter remain unpaid, or at such time as any other provisions of this chapter are violated, cause to be served upon any person, firm or company operating a telephone business within the corporate limits of the city by certified mail, return receipt requested, notice that the license to operate such telephone business for hire may be revoked by the city council for violation of the terms of this chapter or nonpayment of tax; and, further, that a public hearing concerning such revocation of license shall be held during the next thirty days by the city council, giving the time and place of such hearing and that the person, firm or corporation shall have the right to appear to contest such termination and offer justification or excuse for the failure to pay tax or comply with the chapter provisions. The city council may, after hearing, revoke the license issued and the decision of the city council upon the issue shall be final.

Any monies paid to the city through error or otherwise not in payment of the tax imposed in this chapter, or in excess of such tax, shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer hereunder or, upon the taxpayer's ceasing to do business in the city, be refunded.

The clerk-treasurer is authorized to adopt, publish and enforce, from time to time, such rules and regulations for the proper administration of this chapter as shall be reasonably necessary, and it shall be a violation of this chapter to violate or to fail to comply with any such rule or regulation lawfully promulgated under this chapter.

Any person, firm or corporation violating any provisions of this chapter shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine in an amount not less than one hundred dollars, nor more than five hundred dollars.

5.40.030 Adult entertainment business license, fee, terms, assignments and renewals.

5.40.040 Manager's licenses and entertainer's licenses, fees, terms, assignments and renewals.

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.

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.

"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.

5.40.030 Adult entertainment business license, fees, terms, assignments and renewals.

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.

Adult entertainment cabaret license	$500.00
Adult arcade	$500.00
Adult theater	$500.00
Adult book/novelty/videos stores	$250.00
Adult hotel/motel	$500.00

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.

5.40.040 Manager's licenses and entertainer's licenses, fees, terms, assignments and renewals.

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.

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;

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.

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.

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.

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:

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

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.

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;

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:

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

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.

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.

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.

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.

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.

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.

A. This chapter is separate and independent from other provisions of the Kalama Municipal Code and does not relieve any person of the requirement:

2. To obtain any other permit or approval from the city under any provision of the Kalama Municipal Code.

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.