6.25.020 Definitions.
For the purpose of this chapter the words and phrases used in this section shall have the following meanings unless the context otherwise requires:
(1) "Adult entertainment" means:
(a) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely covered; or
(b) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
(i) Human genitals in a state of sexual stimulation or arousal;
(ii) Acts of human masturbation, sexual intercourse or sodomy; or
(iii) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or
(c) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
(2) "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 such entertainment.
(3) "Adult entertainment dance studio" means any premises to which any member of the public is invited or admitted and where adult entertainment is provided on a regular basis as a substantial part of the premises activity.
(4) "Applicant control person" means: (1) if a sole proprietorship, the sole proprietor; (2) if a non-publicly held partnership, whether general or limited, each partner and their respective ownership interest; or (3) if a non-publicly held corporation, every officer, director, shareholder owning 51% or more interest and any shareholder owning 50% or less who hold a significant interest in the business based on responsibility for management.
(5) "Employee" means any and all persons, including manager and adult entertainers, who work in or at or render any services directly related to the operation of an adult entertainment dance studio, regardless of whether that person is deemed statutory employee, common law employee or independent contractor.
(6) "Manager" means any person who manages, directs, administers or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any premises offering adult entertainment.
(7) "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 entertainment dance studio.
(8) "Operator" means any person operating, conducting or maintaining an adult entertainment dance studio.
(9) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, limited liability company, limited liability partnership or other legal entity, however organized.
(10) "Sexual conduct" means acts of: (a) sexual intercourse within its ordinary meaning; or (b) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (c) masturbation, manual or instrumental, of oneself or of one person by another; or (d) touching of the sex organs or anus, of oneself or of one person by another.
(11) "Licensing authority" means the duly elected auditor of Snohomish county or any duly authorized representative. (Added by Amended Ord. 86-099 § 59, Nov. 12, 1986; Amended by Ord. 96-045 § 5, June 24, 1996, Eff date Sept. 26, 1997; Amended by Ord. 97-077 § 2, Aug. 27, 1997, Eff date Sept. 26, 1997).