Form revised December 9, 2004

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Executive Administration	Mel McDonald/3-0071	Eve Sternberg/6-1119

Legislation Title:

AN ORDINANCE relating to regulation of adult entertainment; adding new sections to the Seattle Municipal Code; and amending Sections 6.202.280, 6.202.310, 6.270.010, 6.270.030, 6.270.040, 6.270.050, 6.270.060, 6.270.070, 6.270.090, 6.270.100, 6.270.120, and 6.270.150 of the Seattle Municipal Code.

· Summary of the Legislation:

This legislation provides standards for allowable time, place and manner for the adult entertainment industry pursuant to recent court precedence. The added provisions provide the City with more objective standards and requirements by which to measure and control adult entertainment businesses. The legislation provides for more specific time periods with regard to license applications, issuances, denials and revocations. It provides additional requirements for license application and license updates, including disclosure of prior convictions and license suspensions or denials by other jurisdictions. Other amendments include premise inspection provisions and restricting customers from entering non-public areas of the adult entertainment premises.

With respect to standards of conduct and operations, this legislation specifically provides that all off-stage adult entertainment will occur at least 4 feet from the nearest member of the public; provides specific stage, railing, lighting and signage requirements; and prohibits gratuities being given directly to any entertainer.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

Historically, the operation of adult entertainment businesses has been accompanied by unwanted secondary effects, including prostitution and other criminal behavior. This legislation will allow the City to more effectively regulate adult entertainment premises, ensuring that public safety is maintained within and without the adult entertainment businesses. Seattle’s present adult entertainment code is short on specific standards of conduct. The present code provides for “no touching” when entertainers are dancing off of the stage. Whether or not a dancer is touching a patron of the business is hard to ascertain by enforcement officials, so the four foot rule is being imposed for more efficient enforcement. There is no objective measure for lighting requirements in our present code. This legislation provides very clear lighting requirements. More objective conduct standards for adult entertainment businesses results in more efficient and fair enforcement. The legislation also changes the appeal path for any suspension or revocation decisions made by the director so that appeals go to the Municipal Court rather than starting with the Hearing Examiner. This procedure will allow for more timely appeals and judgments. (Presently, the appeal goes to the Hearing Examiner and then on to the Superior Court if needed.) The licensing period for adult entertainers is also changed to facilitate easier administration of those licenses.

· Please check one of the following:

_X_ This legislation does not have any financial implications. (Stop here and delete the remainder of this document prior to saving and printing.)