1. No employee or performer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to any view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 24 inches above the immediate floor level and removed at least 10 feet from the nearest member of the public.

2. No employee or performer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor shall any male employee or performer at any time appear with their genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

3. No employee or performer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.

4. No employee or performer shall caress, fondle or erotically touch any member of the public. No employee or performer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or performer.

5. No employee or performer shall perform acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute, or this chapter.

6. No employee or performer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public.

7. No tip or gratuity offered to or accepted by a performer may be offered or accepted prior to or after any performance, dance or exhibition provided by the performer. No performer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the performer by any member of the public. Any gratuity offered to any performer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any performer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment shall be placed into the hand of the performer or into a receptacle provided by the performer, and not upon the person or into the clothing of the performer.

1. Admission must be restricted to persons of the age of 18 years or older. It is unlawful for any owner, operator, manager or other person in charge of an adult entertainment establishment to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.

2. Neither the performer nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, vulva, genitals, and/or anus may be visible outside of the adult entertainment establishment. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult entertainment establishment, which shall include but are not limited to: the dressing rooms of the performers or other rooms provided for the benefit of employees, and/or performers and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance and repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.

1. A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present or invited on the premises. The name and license of the manager shall be prominently posted during business hours.

2. The licensed manager on duty shall not be a performer.

3. The manager or assistant manager licensed under this chapter shall maintain a visual observation of each member of the public at all times any performer is present in the public or performance areas of the adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each performer, each employee, and each member of the public, then a manager or assistant manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment establishment.

4. The manager shall be responsible for and shall assure that the actions of the members of the public, the performers and all other employees shall comply with all requirements of this chapter.

1. Performance Area. The performance area of the adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least 24 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 10 feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least 10 feet from all points of the performance area shall separate the performance area and the patron seating or standing areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.

2. Lighting. 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. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers is hereby established for all areas of the adult entertainment establishment where members of the public are admitted.

3. Signs. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following:

THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF AUBURN. ENTERTAINERS ARE:

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

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

C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE

D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA

4. Recordkeeping Requirements.

5. Inspections. In order to ensure compliance with this chapter all areas of licensed adult entertainment establishments which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.

1. The interior of the panoram or peepshow premises shall be arranged in such a manner as to ensure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to such premises.

2. The licensee shall not permit any doors to public areas on the premises to be locked during business hours.

3. Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.

4. Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away.

1. Plays, operas, musicals, or other dramatic works that are not obscene;

2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or

3. Exhibitions, performances, expressions or dances that are not obscene.

1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and

2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and

3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 5897 § 16, 2005; Ord. 4887 § 9, 1996.)