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Adult entertainment uses must meet the following requirements:

(1) Adult entertainment businesses or uses are prohibited within the area circumscribed by a circle which has the radius shown below from any public or private school, preschool, educational institution, church or other religious facility, public or private park, youth oriented facility, establishment serving alcohol by the drink, or from the following zones: R-5, RC, RU, RD, SA-1, R-20,000, R-12,500, R-9,600, R-8,400, R-7,200, A-10, F, F and R, WFB, T, LDMR, and MR.

(a) Adult entertainment book stores-- 330'.

(b) Adult entertainment dance studios-- 660'.

(c) Adult entertainment movie theaters-- 330'.

(d) Adult hotels-- 330'.

(e) Adult tanning salons-- 330'.

(f) Escort businesses-- 0'.

(g) Nude house cleaning businesses-- 0'.

(h) Panoram premises-- 660'.

(i) Public bathhouses and hot tub premises-- 660'.

(j) All other adult entertainment uses-- 660';

(2) The distances specified in this section shall be measured horizontally by following a straight line from the nearest point of the building in which the proposed adult entertainment use is to be located, to the nearest point of the parcel of property which contains a use from which the proposed adult entertainment use is to be separated, and to the nearest point of a zone listed in SCC 30.28.015(1);

(3) Violation of the use provisions of this section is:

(a) Declared to be a public nuisance per se, which may be abated by the county by way of civil abatement procedures only, and not by criminal prosecution; or

(b) Subject to enforcement in accordance with the provisions of chapter 30.85 SCC but shall not be subject to SCC 30.85.325;

(4) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any county ordinance or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof; and

(5) The following definitions apply to adult entertainment uses:

(a) "Adult entertainment" means any exhibition, performance or medium which is distinguished or characterized by:

(i) acts of masturbation, sexual intercourse, or sodomy;

(ii) fondling or other touching of the human genitals, pubic region, buttocks or female breast;

(iii) human genitals in a state of sexual stimulation or arousal;

(iv) displays of less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola;

(v) human male genitals in a discernibly turgid state even if completely covered;

(vi) any exhibition, performance, or dance conducted in a premises where such exhibition, performance, or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public; or

(vii) adult entertainment shall not include the following:

(A) plays, operas, musicals, or other dramatic works which are not obscene;

(B) classes, seminars, and lectures which are held for serious scientific or educational purposes;

(C) exhibitions or dances which are not obscene;

(viii) For this chapter, any exhibition, performance, dance, or other medium is obscene:

(A) which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(B) which explicitly depicts or describes patently offensive representations or descriptions, applying contemporary community standards of sexual conduct as described in RCW 7.48A.010(2)(b); and

(C) which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.

(b) "Adult entertainer" means any person who provides live adult entertainment within an adult entertainment dance studio as defined in this section whether or not a fee is charged or accepted for entertainment.

(c) "Adult entertainment book store" means any business from which minors are excluded and in which the purchase, rental, viewing or use of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment or adult entertainment materials make up 25 percent or more of the stock in trade.

(d) "Adult entertainment business/use" means any establishment or premises which has as a substantial or significant portion of its trade, the display, barter, rental or sale of any adult entertainment medium, or which meets the definitions contained in this chapter of adult entertainment book stores, adult hotels, adult entertainment movie theaters, adult tanning salons, escort businesses, nude house cleaning businesses, adult entertainment dance studios, panoram premises, or public bathhouse or hot tub premises.

(e) "Adult entertainment dance studio" means any place where an exhibition or dance of any type is conducted where such exhibition involves adult entertainment as defined by this section.

(f) "Adult entertainment movie theater" means any establishment, from which minors are excluded and where the principal use of the premises consists of the showing of motion pictures, slides, or photographic or other visual reproductions, where the subject matter meets the criteria of adult entertainment as defined in this chapter and where fees of any kind are charged. This definition shall include establishments where the above mentioned medium is the major attraction on a regular basis and establishments wherein the above mentioned medium is shown at least 25 percent of the showing time of the theater.

(g) "Adult hotel" means a hotel, motel, or similar commercial establishment which offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(h) "Adult tanning salon" means any establishment which offers tanning services to a member of the public and in which adult entertainment takes place.

(i) "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(j) "Escort business" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for fee, tip, or other consideration.

(k) "Member of the public" means any customer, patron or person, other than an employee, who is invited or admitted to an adult entertainment premises.

(l) "Nude or state of nudity" means displays of less than completely and opaquely covered human genitals, pubic area, anus, buttocks, or female breast below the top of the areola.

(m) "Nude house cleaning business" means a business which offers house cleaning services in which the house cleaner is in a state of nudity.

(n) "Panoram premises" or "adult arcade" means any premises on which any panoram device is located and to which members of the public are admitted. The term "panoram premises" as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.

(o) "Panoram," "preview," "picture arcade," or "peep show" means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view, or other graphic display of adult entertainment. The terms "panoram" and "panoram device" as used in this chapter do not include games which employ pictures, views, or video displays or gambling devices regulated by the state or by chapter 6.36 SCC.

(p) "Public bathhouses and hot tub premises" means any place where baths or hot tubs of any kind are given or furnished to the public for or in expectation of a fee or other compensation, except as exempted in SCC 6.49.030.

(q) "Stock in trade" means the greater of:

(i) the retail dollar value of all prerecorded video tapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

(ii) the total number of titles of all prerecorded video tapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

(r) "Youth oriented facility" means facilities owned or operated by non-profit organizations for the purpose of providing recreational or educational opportunities for youth including, but not limited to, Boys and Girls Clubs, YMCAs, YWCAs, Little League, and other youth sports associations. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

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