Title 5
BUSINESS LICENSES AND REGULATIONS

Chapters:

5.04 Ambulances

5.06 Public Dances and Dancehalls

5.08 Cabarets and Adult Entertainment

5.10 Repealed

5.12 Temporary Special Events

5.14 Repealed

5.16 For Hire Vehicles

5.20 Repealed

5.24 Hotels – Guest Registration

5.28 Repealed

5.30 Cable Communications

5.32 Pawnbrokers

5.44 Panoram Devices

Chapter 5.04
AMBULANCES

Sections:

5.04.010 Purpose.

5.04.020 Definitions.

5.04.030 Business license required for each ambulance company.

5.04.040 Application for business license – Issuance.

5.04.050 Denial, revocation or suspension of business license.

5.04.060 Insurance and identification.

5.04.070 State license and standards and requirements.

5.04.080 Ambulance attendants.

5.04.090 Verification.

5.04.100 King County medical program director authority.

5.04.110 Authority of department.

5.04.120 Rates to be filed.

5.04.130 Response criteria.

5.04.140 Community events.

5.04.150 Violation a civil violation.

5.04.010 Purpose.

The city council declares it to be in the public interest, and for the protection of the health, safety and welfare of the residents of the city and its environs to provide for the highest level of emergency medical services reasonably practicable. The city council finds it to be in the public interest to provide for the inspection, regulation and control of emergency medical services to achieve high standards and thereby to eliminate inadequate, improper and harmful practices that may endanger the health and safety of the people. (Ord. 4679 § 1, 1994; 1961 code § 5.17.010.)

5.04.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meaning unless the context clearly requires otherwise:

A. “Ambulance” means any privately owned vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance company for hire.

B. “Ambulance attendant” means any trained or otherwise qualified individual responsible for the operation of an ambulance and the care of the patients, whether or not the medical attendant also serves as a driver, who is the holder of a valid certificate issued under this chapter.

C. “Ambulance company” means any person, corporation or other legal entity, as defined in BCC 1.04.010, who operates an ambulance for hire which:

1. Is stationed within the corporate limits of the city; or

2. Is dispatched from within or without the corporate limits of the city and repeatedly or customarily makes trips for hire within the city to pick up injured or sick fares; or

3. Makes any trips into the city for hire to pick up injured or sick fares after occasional or repeated advertising, within the city, for such service.

Provided, that the provisions of this chapter shall not apply to any ambulance which shall pass through the city in the delivery of fares picked up at points beyond the corporate limits of the city.

D. “City clerk” means the city clerk or other city employee designated by the city manager as licensing official under this chapter.

E. “Department” means the fire department of the city.

F. “Fire official” means the fire chief or such other city employee as the city manager may designate to perform the duties provided for in this chapter.

G. “Patient” means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (Ord. 4679 § 3, 1994; Ord. 2074 § 1, 1974; 1961 code § 5.17.020.)

5.04.030 Business license required for each ambulance company.

Every person who operates an ambulance company shall be required to obtain a business license from the city clerk each year. The business license shall be renewed annually and is valid for one year. The city clerk shall have the authority to adjust the expiration date of the license to coincide with state of Washington license expiration dates. The city clerk shall not issue such business license unless the applicant has fulfilled all requirements of this chapter and any applicable provisions of state law relating to personnel, equipment and operations including but not limited to Chapter 18.73 RCW and Chapter 246-976 WAC as now or hereafter amended. (Ord. 5076 § 1, 1998; Ord. 4679 § 4, 1994; Ord. 2074 § 2, 1974; 1961 code § 5.17.040. Formerly 5.04.040.)

5.04.040 Application for business license – Issuance.

Application for a business license to operate an ambulance company shall be made upon forms provided by the city and shall contain:

A. Name, home address and telephone number of the applicant;

B. Business name under which the ambulance company will be operated within the city, and business address and telephone number;

C. The number of ambulances to be initially placed in service within the city;

D. The number of licensed ambulance attendants initially to be employed;

E. A roster of ambulances to be used in the city with proof that each ambulance is currently licensed as an ambulance by the state of Washington;

F. A roster of certified ambulance attendants with proof that each attendant is currently certified as an emergency medical technician (EMT) by the state of Washington (including certification expiration date);

G. Proof that ambulances and personnel are verified trauma providers as provided in Chapter 246-976 WAC;

H. Certificate of insurance as required by BCC 5.04.060; and

I. The schedule of rates as required by BCC 5.04.120.

Prior to the issuance of a business license, the application and all pertinent records shall be reviewed and all equipment proposed for use shall be inspected by the fire official, who shall determine whether said records and equipment conform to all the requirements of this chapter, and any rules or regulations referenced herein or issued hereunder. Upon approval of the application, the city clerk shall issue an ambulance operator’s business license. (Ord. 4889 § 1, 1996; Ord. 4679 § 5, 1994; Ord. 2074 § 3, 1974; 1961 code § 5.17.050. Formerly 5.04.050.)

5.04.050 Denial, revocation or suspension of business license.

The issuance of a business license to operate an ambulance company may be denied, or such license may be suspended or revoked by the city clerk, upon the recommendation of the fire official, when the public interest will be served thereby, upon any of the following grounds:

A. The making of a false statement of material fact in the application of the business license or any data or information required to be contained in such application attached thereto; or

B. Failure to comply with any provision of this chapter or any rules or regulations referenced herein or issued pursuant to this chapter; or

C. Failure to pay city business or occupation tax pursuant to Chapter 4.09 BCC; or

D. Overcharging of customer rates set forth in the company’s schedule of rates filed pursuant to BCC 5.05.120; or

E. Failure to maintain ambulances and equipment to the standards set forth in Chapter 246-976 WAC. (Ord. 5436 § 12, 2003; Ord. 4679 § 6, 1994; Ord. 2074 § 4, 1974; 1961 code § 5.17.060. Formerly 5.04.060.)

5.04.060 Insurance and identification.

No ambulance operator’s business license shall be issued, nor shall such license be valid after issuance, nor shall any ambulance be operated in the city, unless the operator maintains a policy or policies of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of activities associated with the operation of the ambulance company. Such insurance shall name the city as an additional insured. The ambulance company shall also indemnify and hold the city harmless from any causes of action arising from the operation of the ambulance company. The minimum scope and limits of coverage shall be set by the city’s risk manager or other person designated by the city manager. Evidence of such insurance shall accompany the application for license and shall be maintained on a continuous basis through subsequent license renewal periods. (Ord. 4679 § 7, 1994; 1961 code § 5.17.080. Formerly 5.04.090.)

5.04.070 State license and standards and requirements.

All ambulances operating in the city must be licensed by the state of Washington and must meet the standards and requirements set forth in Chapter 246-976 WAC, as now or hereafter amended. Proof of a state license as a transport ambulance must be provided with any application for a city business license for each transport vehicle. (Ord. 4679 § 8, 1994.)

5.04.080 Ambulance attendants.

Each ambulance company shall have, for each ambulance in service, on duty and available for immediate response, two ambulance attendants who are currently certified as emergency medical technicians (EMT), as provided in Chapter 246-976 WAC. A certificate of license shall be carried on the person of each ambulance attendant while on duty. (Ord. 4679 § 9, 1994; 1961 code § 5.17.100. Formerly 5.04.110.)

5.04.090 Verification.

Any ambulance company operating in the city of Bellevue must be a verified trauma provider and must meet the requirements for personnel and equipment as required in chapter 246-976 WAC for trauma providers. The ambulance company must specifically be authorized to act as a trauma provider by the Seattle/King County trauma council or successor. (Ord. 4679 § 10, 1994.)

5.04.100 King County medical program director authority.

Each ambulance company shall provide proof at time of business license application that such ambulance company is verified to provide prehospital patient care by the King County medical program director or successor as state approved and has appropriate licensing certification. (Ord. 4679 § 11, 1994.)

5.04.110 Authority of department.

The department shall make all necessary investigations and inspections for enforcement of this chapter. As a condition of issuance of a business license, the operator of each ambulance company consents to the following:

An authorized representative of the department shall be permitted to make regular inspections of any ambulance company operating under a business license issued pursuant to BCC 5.04.040, at all reasonable hours, with or without advance notice, upon the presentation of appropriate credentials to an authorized representative of the company, and shall make such reports relative to conditions existing at such times and in such manner as the department may direct. (Ord. 4679 § 12, 1994; 1961 code § 5.17.130. Formerly 5.04.140)

5.04.120 Rates to be filed.

Each ambulance company applying for a business license or renewal of license pursuant to this chapter shall, at the time of filing its application therefor, file with the city clerk its schedule of rates to be charged for services during the license period for which application is made. Such schedule of rates shall be a matter of public record open to public inspection in the city clerk’s office during normal city business hours and such schedule must be adhered to by the licensee throughout the period for which the license is issued. (Ord. 4679 § 13, 1994; 1961 code § 5.17.140. Formerly 5.04.150.)

5.04.130 Response criteria.

The city will provide first response emergency medical services (EMS). Ambulance companies receiving a direct request for EMS services shall notify the fire department’s 911 communications center immediately so that a fire department first response can be initiated. The only exception to this requirement shall be for the transport of stable patients from one medical facility to another and routine medical transports and exams.

The 911 system must be activated for all prehospital EMS primary examinations and unstable patient care.

The department shall establish ambulance response criteria and make such criteria known to each ambulance company at the time of application and renewal of business license.

Each ambulance company shall submit a response report quarterly or on demand of the fire official outlining compliance with the response criteria. (Ord. 4679 § 14, 1994.)

5.04.140 Community events.

When an ambulance company is contracted to provide emergency medical standby (i.e., 10K Fun Runs, etc.) by community event promoters, the following conditions shall apply:

A. The ambulance company shall notify the fire official in writing 14 days prior to the date of the event, or as soon to the event as reasonably possible, stating the date, time and scope of standby responsibilities.

B. Ambulance companies engaging in standby activities shall notify the fire department’s 911 communications center immediately on all advanced life support/life threatening calls as required pursuant to BCC 5.04.130.

C. Ambulance company standby for handling basic life support calls must obtain prior approval and parameters for care set by the fire official.

D. All EMS activity provided by the ambulance company at such events shall be documented and a report forwarded to the fire official within one week subsequent to the completion of the event. (Ord. 4679 § 15, 1994.)

5.04.150 Violation a civil violation.

Violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. This section shall be administered by the city manager or his designee. (Ord. 4679 § 16, 1994; Ord. 2074 § 11, 1974; 1961 code § 5.17.160. Formerly 5.04.170.)

Chapter 5.06
PUBLIC DANCES AND DANCEHALLS

Sections:

5.06.010 Purpose of chapter.

5.06.020 Definitions.

5.06.030 Dancehall premises license required – Exceptions.

5.06.040 Dancehall operator’s license required.

5.06.050 License – Application – Requirements.

5.06.060 Inspection of dancehall premises.

5.06.070 License fees – Term – Assignment – Renewals.

5.06.080 License – Denial of application.

5.06.090 Issuance of licenses.

5.06.100 Suspension or revocation of licenses – Notice – Summary suspension or revocation.

5.06.110 Appeal and hearing.

5.06.120 Premises regulations.

5.06.130 Hours of operation – Age restrictions – Penalty.

5.06.140 Readmission fee.

5.06.150 Construction of chapter – Election of other remedies.

5.06.160 Violation a misdemeanor.

5.06.170 Severability.

5.06.010 Purpose of chapter.

This chapter is an exercise of police power for the protection of the public welfare, health and safety of those children that attend and patronize dancehalls. The city council finds and declares that the problems of runaway children, drug abuse and abuse of children are pervasive and of such magnitude that they are a matter of city concern and are contributed to by unregulated dancehalls. This chapter is intended to regulate dancehalls that admit persons under the age of 18 in order to address the above referenced problems and to diminish the negative impact of unregulated dancehalls thereon. (Ord. 3547 § 2, 1985.)

5.06.020 Definitions.

For the purpose of this chapter and unless the context plainly requires otherwise the following definitions are adopted:

A. “Public dance” means any dance that is open to the public and which permits the entry of any person under the age of 18 years and which:

1. Is held and conducted for a profit, direct or indirect; or

2. Requires a monetary payment of a fee, membership fee or other charge or contribution from any of the persons admitted.

B. “Public dancehall” means any place where a public dance is conducted, operated or maintained and includes the premises in or on which the public dance is conducted, operated or maintained, together with all hallways, bathrooms and all privately owned adjoining areas and open spaces on or about the premises in or on which the public dance is conducted, including areas for vehicular parking, which are accessible to the public during the dance and which are subject to the control of the person or entity conducting, operating or maintaining the public dance.

C. “Person” includes any natural person and, in addition, a corporation, partnership or an unincorporated association.

D. “Clerk” means the city employee or agent appointed by the city manager as licensing official under this chapter.

E. “Knowingly” shall have the meaning set forth in BCC 10A.08.010A.2 as now or hereafter amended.

F. “Juvenile” shall have the meaning set forth in RCW 13.34.030 as now or hereafter amended. (Ord. 3547 § 3, 1985.)

5.06.030 Dancehall premises license required – Exceptions.

A. It is unlawful to conduct, operate or maintain a public dance or public dancehall without a valid and current license, to be designated a “dancehall premises license.”

B. A separate license is required for each public dancehall premises and the same shall at all times be conspicuously posted and maintained thereon.

C. The clerk shall prescribe the form of such license, number the same, and shall indicate thereon the location of the licensed public dancehall.

D. Exception. A license is not required if the public dance is sponsored and operated or conducted by an accredited educational institution or by a charitable, religious, or nonprofit organization or corporation which has received tax-exempt status under IRC paragraph 501(c)(3), 26 USC as now or hereafter amended. (Ord. 3547 § 4, 1985.)

5.06.040 Dancehall operator’s license required.

It is unlawful to own, maintain or operate for public use, or to place with another, by lease or otherwise, for public use, any dancehall premises for which a license is required by this chapter without a valid and current license to be designated a “dancehall operator’s license.” The clerk shall prescribe the form of such license and shall number the same. (Ord. 3547 § 5, 1985.)

5.06.050 License – Application – Requirements.

Any person seeking a dancehall premises or dancehall operator’s license shall complete and file a written application which shall include the following information:

A. 1. The name and address of the applicant; and

2. The name and address of the operator of the dancehall; and

3. The name and address of the owner of the premises upon which the dancehall is located.

B. If the information provided under subsection (A)(1) through (3) of this section involves an unincorporated association, corporation or partnership, the name of the unincorporated association, corporation or partnership, and the name and addresses of the limited partners, partners, officers and directors thereof.

C. A statement of any and all measures to be used to ensure that adequate traffic control and crowd protection, both within and immediately without the premises, will be maintained.

D. A statement from the applicant that the premises are in compliance with all applicable city, county and state health, building, zoning, fire and safety ordinances and laws.

E. Such other information as the clerk determines is necessary to provide for the health, safety and welfare of persons attending public dances and public dancehall functions.

F. The clerk, upon presentation of such application and before acting upon the same, shall refer such application to the police department, which shall make a full investigation as to the truth of the statements contained therein, and to the city design and development and fire departments, which shall investigate and provide information to the clerk concerning compliance of the premises sought to be licensed and with this and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 3547 § 6, 1985.)

5.06.060 Inspection of dancehall premises.

A. Applicants for any license authorized to be issued under this chapter shall allow the premises sought to be licensed to be inspected by authorized inspectors from the city fire, police and design and development departments.

B. Licensees operating premises licensed under this chapter shall hold those areas upon the premises which are accessible to the public open for routine regulatory inspections by the city fire, police and design and development and county health departments during normal business hours and during those hours when a dance is being conducted. (Ord. 3547 § 7, 1985.)

5.06.070 License fees – Term – Assignment – Renewals.

A. The license shall be valid for one year and shall be renewed annually. All license fees shall be payable on an annual basis in advance. Annual license fees shall be as follows:

Dancehall premises license: $375.00 per annum for each premises;

Dancehall operator’s license: $100.00 per annum.

B. The clerk shall have the authority to adjust the expiration date and to prorate the license fee of the license in order to coincide with state of Washington license expiration dates.

C. Licenses issued under this chapter may not be assigned or transferred to another operator or premises.

D. Applications for renewal of licenses issued under this chapter shall be filed with the clerk on or before the expiration date provided for in this section in the same manner and accompanied by payment of the same fees as are in effect for an original application for that license for the license year applied for. There shall be assessed and collected by the clerk an additional charge, computed as a percentage of the license fee, on renewal applications not made on or before the license expiration date, as follows:

Days Past Due	Percent of License Fee
7 – 30	25%
31 – 60	50%
61 and over	100%

(Ord. 5076 § 2, 1998; Ord. 3547 § 8, 1985.)

5.06.080 License – Denial of application.

The clerk shall deny a license if:

A. The applicant has failed to comply with any state, county or city law or ordinance applicable to the premises or operator, as the case may be, including but not limited to, this chapter, or the city’s building, fire, land use, or health and safety codes.

B. The licensee or any of the licensee’s officers, directors, partners, operators, employees or any other person involved in the operation of the public dance or public dancehall have:

1. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a license or permit;

2. Been convicted within the last five years of:

a. A felony involving a crime of violence (as defined in RCW 9.41.010(2) as now or hereafter amended) upon a juvenile or any felony under Chapters 9A.44, 9A.64, 9A.88 or 69.50 RCW; or

b. A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.

C. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists. (Ord. 3547 § 9, 1985.)

5.06.090 Issuance of licenses.

A. After an investigation, the clerk shall issue the applicable license or licenses authorized by this chapter if the clerk finds:

1. That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, King County, and the city including the requirements of this chapter; and

2. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the clerk; and

3. That the applicant has not had a dancehall premises or dancehall operator’s license revoked by the city within two years of the date of the application.

B. The decision of the clerk regarding issuance of any license shall be rendered within 30 days of the date of filing of the application. (Ord. 3547 § 10, 1985.)

5.06.100 Suspension or revocation of licenses – Notice – Summary suspension or revocation.

A. After an investigation and upon the recommendation of the chief of police, director of the department of design and development or fire chief, the clerk may, upon 30 days notice, temporarily or permanently suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist:

1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the clerk;

2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the state of Washington, King County, and the city, or the requirements of this chapter;

3. The licensee or his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted:

a. Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dancehall premises; or

b. The dancehall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; or

c. The possession or consumption of liquor, as defined in RCW 66.04.010(15), by persons under the age of 21 years, in or upon dancehall premises; or

d. The giving or supplying of liquor, as defined in RCW 66.04.010(15), to any person under the age of 21 years; or

e. The use by any person in or upon the dancehall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now or hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance.

B. If the clerk finds that any of the conditions set forth in BCC 5.06.100A of this chapter exist and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, the clerk may immediately suspend or revoke any license issued under this chapter without prior opportunity to be heard in which event the licensee shall be entitled to a hearing in accordance with BCC 5.06.110B of this chapter at the earliest opportunity. The notice of immediate suspension or revocation of license given pursuant to this subsection shall include the clerk’s finding regarding the condition found to exist that constitutes a threat of immediate and serious injury or damage to person or property, and the reasons therefor, and shall also contain a notice of the date, time and place when the hearing under BCC 5.06.110B shall be held, which shall not be more than 10 days after the date of the notice of immediate suspension or revocation. (Ord. 3547 § 11, 1985.)

5.06.110 Appeal and hearing.

A. Any person aggrieved by the action of the clerk in refusing to issue or renew any license under this chapter or in temporarily or permanently suspending or revoking any license issued under this chapter shall have the right to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the clerk within 10 days of receiving notice of the action from which the appeal is taken.

B. The hearing examiner, upon receipt of a timely notice of appeal, shall set a date for hearing such appeal. The examiner shall hear testimony, take evidence, and may hear oral argument and receive written briefs. Except in cases of summary suspension or revocation of licenses because of immediate threat of serious injury or damage to person or property pursuant to BCC 5.06.100B, the filing of such appeal shall stay the action of the clerk, pending the decision of the examiner. (Ord. 3547 § 12, 1985.)

5.06.120 Premises regulations.

The clerk shall not license any dancehall premises which do not conform to the following requirements, and shall revoke or suspend the license of any dancehall premises, and the license of any operator thereof, which do not maintain conformity with the following requirements:

A. The licensee shall not permit any doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during business hours, including hours during which dances are conducted.

B. The licensee shall maintain illumination generally distributed in all parts of the premises which are available for use by the public, in compliance with the city building code (Chapter 23.10 BCC), at all times when the premises are open or when any member of the public is permitted to enter and remain therein. (Ord. 3547 § 13, 1985.)

5.06.130 Hours of operation – Age restrictions – Penalty.

The person conducting and/or operating a public dance or public dancehall shall check the identification of each person admitted to the premises:

A. No person conducting or operating a public dance or a public dancehall shall allow any person under the age of 16 years to enter or remain on the premises except when such person’s parent or legal guardian is present.

B. No person conducting or operating a public dance or public dancehall shall allow any person under the age of 18 years to enter or remain on the premises after 12:00 midnight.

C. Every person who knowingly allows a person to enter or remain at a public dance or on the premises of a public dancehall in violation of this chapter is guilty of a misdemeanor.

D. Any person under the age of 18 years who affirmatively misrepresents his or her age and obtains admission to a public dance or permission to remain in any public dancehall in violation of this chapter is guilty of a misdemeanor. (Ord. 3547 § 14, 1985.)

5.06.140 Readmission fee.

No person conducting or operating a public dance or dancehall shall permit any person, other than an employee, to leave that area of the dancehall for which an admission fee is charged and return thereto unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. (Ord. 3547 § 15, 1985.)

5.06.150 Construction of chapter – Election of other remedies.

The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing in this chapter shall be deemed to repeal or modify any of the other provisions of the Bellevue City Code relating to licensing. (Ord. 3457 § 16, 1985.)

5.06.160 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 3457 § 17, 1985.)

5.06.170 Severability.

If any section of this chapter or any portion of any section of this chapter, or its application to any person or circumstances, is declared by a court of competent jurisdiction to be invalid, the remainder of the ordinance codified in this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 3457 § 18, 1985.)

Chapter 5.08
CABARETS AND ADULT ENTERTAINMENT

Sections:

5.08.010 Definitions.

5.08.020 License required.

5.08.030 License prohibited to certain classes.

5.08.040 Application.

5.08.050 Cabaret license fees.

5.08.060 Appeal.

5.08.070 Standards of conduct and operation – Adult cabarets.

5.08.080 License term – Assignment – Renewals.

5.08.090 License suspension and revocation – Hearing.

5.08.100 Liquor regulations.

5.08.110 Repealed.

5.08.120 Violation a misdemeanor.

5.08.130 Nuisance declared.

5.08.140 Additional enforcement.

5.08.150 Severability.

5.08.010 Definitions.

A. “Adult cabaret” means any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public.

B. “Adult entertainment” means:

1. 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 female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2. 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:

a. Human genitals in a state of sexual stimulation or arousal,

b. Acts of human masturbation, sexual intercourse or sodomy, or

c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

C. “Applicant” means the individual or entity seeking a cabaret license in the city of Bellevue.

D. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult cabaret business, based on responsibility for management of the adult cabaret business.

E. “Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing, or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly selling, serving, or providing the public, with or without charge, food or liquor. The words “music and entertainment” as used herein, shall not apply to radios or mechanical devices.

F. “Clerk” means such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof.

G. “Employee” means any and all persons, including managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of any cabaret.

H. “Entertainer” means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment.

I. “Liquor” means all beverages defined in RCW 66.04.200.

J. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

K. “Operator” means any person operating, conducting or maintaining an adult cabaret.

L. “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.

M. “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 a cabaret.

N. “Sexual conduct” means acts of:

1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or

2. Any penetration of the vagina or anus, however slight, by an object; or

3. Any contact between persons involving the sex organs of one person and the mouth or anus or another; or

4. Masturbation, manual or instrumental, of oneself or of one person by another; or

5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. (Ord. 4735 § 1, 1995; Ord. 4692 § 1, 1994; Ord. 4602 § 1, 1993; 1961 code § 5.32.010.)

5.08.020 License required.

A. It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.

B. It is unlawful for any person to conduct, manage or operate an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.

C. It is unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult cabaret.

D. It is unlawful for any entertainer to perform in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so.

E. It is unlawful for any manager to work in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so. (Ord. 4735 § 2, 1995; Ord. 4602 § 2, 1993; 1961 code § 5.32.020.)

5.08.030 License prohibited to certain classes.

No license shall be issued to:

A. A natural person who has not attained the age of 21 years, except that licenses may be issued to persons who have attained the age of 18 years with respect to cabarets where no intoxicating liquors are served or provided.

B. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee, or in the case of a manager or an adult cabaret, the manager has obtained a manager’s license.

C. A copartnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof.

D. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. (Ord. 4692 § 2, 1994; Ord. 4602 § 3, 1993; 1961 code § 5.32.030.)

5.08.040 Application.

A. Cabaret License. Any person desiring a cabaret license required under the provisions of this chapter shall file written application with the clerk on forms provided by the clerk for that purpose. All applications shall be signed by the applicant and notarized or certified as true under penalty of perjury. A failure to provide all information required on the form will constitute an incomplete application and will not be processed. The clerk upon presentation of a complete application and before acting upon the same shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which would aid the clerk in determining whether or not such application should be granted. After the police department has reported back to the clerk the result of such investigation, and within 14 days of the date of filing of the complete application, if the clerk is satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the clerk shall issue the license applied for, provided however, that if the application does not meet the requirements of this code, then the clerk shall deny such license application.

B. Adult Cabaret License.

1. All applications for an adult cabaret license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. For the applicant and for each applicant control person, provide: Names, any aliases or previous names, driver’s license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number.

b. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

c. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

d. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

e. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.

f. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

g. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

h. The location and doing-business-as name of the proposed adult cabaret, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

i. Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.

j. A complete set of fingerprints for the applicant or each applicant control person, by Bellevue police department employees.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with BCC 5.08.070.

2. An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.

3. A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.

4. Each applicant shall verify, under penalty of perjury that the information contained in the application is true.

5. If any person or entity acquires, subsequent to the issuance of an adult cabaret license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk, no later than 21 days following such acquisition. The notice required shall include the information required for the original adult cabaret license application.

6. The adult cabaret license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult cabaret. The permit shall be posted in a conspicuous place at or near the entrance to the adult cabaret so that it can be easily read at any time the business is open.

7. No person granted an adult cabaret license pursuant to this chapter shall operate the adult cabaret business under a name not specified on the license, nor shall any person operate an adult cabaret under any designation or at any location not specified on the license.

8. Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and community development departments for their investigation and review to determine compliance of the proposed adult cabaret with the laws and regulations which each department administers. Each department shall, within 30 days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult cabaret license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult cabaret is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

9. An adult cabaret license shall be issued by the clerk within 30 days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.

C. Adult Cabaret Manager and Entertainer Licenses.

1. No person shall work as a manager, assistant manager or entertainer at an adult cabaret without an entertainer’s or manager’s license from the city. Each applicant for a manager’s or entertainer’s license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee of $100.00 shall accompany the application. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications for a manager’s or entertainer’s license shall be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application shall require the following information:

a. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Bellevue police department employees, social security number, and any stage names or nicknames used in entertaining.

b. The name and address of each business at which the applicant intends to work.

c. Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:

i. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

ii. A state-issued identification card bearing the applicant’s photograph and date of birth;

iii. An official passport issued by the United States of America;

iv. An immigration card issued by the United States of America; or

v. Any other identification that the city determines to be acceptable.

d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.

e. A description of the applicant’s principal activities or services to be rendered.

f. Two two-inch by two-inch photographs of applicant, taken within six months of the date of application, showing only the full face.

g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.

h. Every adult entertainer shall provide his or her license to the adult cabaret manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult cabaret.

2. The clerk may request additional information or clarification when necessary to determine compliance with this chapter.

3. An adult cabaret manager’s or an adult entertainer’s license shall be issued by the clerk within 14 days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter; has made any false, misleading or fraudulent statement of material fact in the application; or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for an adult cabaret manager’s license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult cabaret manager in a duly licensed adult cabaret until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.

4. An applicant for an adult cabaret manager’s license or an adult entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional 20 days. (Ord. 5190 § 1, 1999; Ord. 4735 § 3, 1995; Ord. 4692 § 3, 1994; Ord. 4602 § 4, 1993; Ord. 2070 § 5, 1974; 1961 code § 5.32.040.)

5.08.050 Cabaret license fees.

A. Any person desiring to obtain a cabaret license shall first pay a license fee of $400.00 per year.

B. Any person desiring to obtain an adult cabaret license shall first pay a license fee of $700.00 per year.

C. Any person desiring to obtain an adult cabaret manager’s license shall first pay a license fee of $100.00 per year.

D. Any person desiring to obtain an adult cabaret entertainer’s license shall first pay a license fee of $100.00 per year. (Ord. 4692 § 4, 1994; Ord. 4602 § 5, 1993; 1961 code § 5.32.050.)

5.08.060 Appeal.

A. Denial of License. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner or to such other hearing body as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the clerk within 10 days of notice of the refusal to issue or renew. The decision of the clerk shall be stayed pending the final outcome of any such appeal. The appeal shall be processed under Process II, LUC 20.35.200, et seq. The hearing examiner or other hearing body shall set a date for hearing such appeal, to take place within 45 days of the date of receipt of the notice of appeal. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner or other hearing body. The hearing examiner or other hearing body shall render its decision on the appeal within 15 days following the close of the appeal hearing.

B. Appeal to Superior Court. Any person aggrieved by the decision of the hearing examiner or hearing body may appeal to the superior court for a writ of certiorari, prohibition or mandamus. (Ord. 5190 § 2, 1999; Ord. 4819 § 2, 1995; Ord. 4735 § 4, 1995; Ord. 4692 § 5, 1994; Ord. 2070 § 3, 1974; 1961 code § 5.32.055.)

5.08.070 Standards of conduct and operation – Adult cabarets.

A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present:

1. No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to 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 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public.

2. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, nor shall any male employee or entertainer at any time appear with his 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 entertainer 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 entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.

5. No employee or entertainer shall perform actual or simulated 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 Chapter 10A.88 BCC.

6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret 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 an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult cabaret or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.

B. At any adult cabaret, the following are required:

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

2. Neither the performance 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, genitals, and/or anus may be visible outside of the adult cabaret.

No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret, which shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.

C. The responsibilities of the manager of an adult cabaret shall include but are not limited to:

1. A licensed manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license.

2. The licensed manager on duty shall not be an entertainer.

3. The manager or an assistant manager licensed under this chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance areas of the adult cabaret. 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 adult entertainer, each employee, and each member of the public, 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 cabaret.

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

D. Premises – Specifications.

1. Performance Area. The performance area of the adult cabaret where adult entertainment as described in BCC 5.08.070A1 is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight 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 eight feet from all points of the performance area shall separate the performance area and the patron seating 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 cabaret 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 CABARET IS REGULATED BY THE CITY OF BELLEVUE. 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.

a. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days’ written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.

b. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an adult entertainer, including independent contractors and their employees, as an entertainer. This information shall be open to inspection by the clerk during hours of operation of the business upon 24 hours’ notice to the licensee.

5. Inspections. In order to insure compliance with this chapter all areas of licensed adult cabarets 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 insure compliance with this chapter.

E. It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

F. This chapter shall not be construed to prohibit:

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.

These exemptions shall not apply to the sexual conduct defined in BCC 5.08.010(N), or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).

G. Whether or not activity is obscene shall be judged by consideration of the following factors:

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. 4745, 1995; Ord. 4735 § 5, 1995; Ord. 4695 § 1, 1994; Ord. 4692 § 6, 1994; Ord. 4602 § 6, 1993; 1961 code § 5.32.060.)

5.08.080 License term – Assignment – Renewals.

A. The business license is valid for one year and shall be renewed annually. The clerk shall have the authority to adjust the expiration date and to prorate the license fee of the license in order to coincide with state of Washington license expiration dates. Licenses issued under this chapter shall not be assignable.

B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than 30 days prior to the expiration of adult cabaret licenses, and no later than 14 days prior to the expiration of cabaret licenses and adult cabaret manager and entertainer licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. There shall be assessed and collected by the clerk, an additional charge, computed as a percentage of the license fee, on applications not made on or before said date, as follows:

Days Past Due	Percent of License Fee
7 – 30	25%
31 – 60	50%
61 and over	75%

C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. (Ord. 5190 § 3, 1999; Ord. 4692 § 7, 1994; Ord. 2070 § 1, 1974; 1961 code § 5.32.070.)

5.08.090 License suspension and revocation – Hearing.

A. The clerk may, upon the recommendation of the chief of police or his designee and as provided in subsection B below, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with, the provisions of this chapter or any of the provisions of Chapter 10A.88 BCC or any other similar local or state law by the licensee or by any of his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises in which his cabaret is conducted when the licensee knew or should have known of the violations committed by his servants, agents or employees.

B. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

C. The clerk shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeals shall be processed under Process II (LUC 20.35.250). The hearing examiner or other hearing body shall render its decision within 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the superior court by writ of certiorari or mandamus as provided in LUC 20.35.250F. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection D below.

D. Where the Bellevue building official or fire marshal or their designees or the King County health department find that any condition exists upon the premises of a cabaret or adult cabaret which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection C above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection C above; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 4978 § 24, 1997; Ord. 4735 § 6, 1995; Ord. 4692 § 8, 1994; Ord. 4602 § 7, 1993; Ord. 2070 § 4, 1974; 1961 code § 5.32.080.)

5.08.100 Liquor regulations.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control. (Ord. 4692 § 9, 1994; 1961 code § 5.32.090.)

5.08.110 Suspension or revocation of licenses.

Repealed by Ord. 4692. (Ord. 2094 § 1, 1974; 1961 code § 5.32.095.)

5.08.120 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 2070 § 2, 1974; 1961 code § 5.32.100.)

5.08.130 Nuisance declared.

A. Public Nuisance. Any adult cabaret operated, conducted, or maintained in violation of this chapter or any law of the city of Bellevue or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret contrary to the provisions of this chapter.

B. Moral Nuisance. Any adult cabaret operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 4692 § 11, 1994.)

5.08.140 Additional enforcement.

The remedies found in this chapter are not exclusive, and, the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 4692 § 12, 1994.)

5.08.150 Severability.

If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. (Ord. 4692 § 13, 1994.)

Chapter 5.10
CHRISTMAS TREE STANDS

(Repealed by Ord. 4820)

Chapter 5.12
TEMPORARY SPECIAL EVENTS

Sections:

5.12.010 License requirement.

5.12.020 Definitions.

5.12.030 Exclusion.

5.12.040 Exemption under Chapter 4.09 BCC.

5.12.050 Term of license.

5.12.060 Collection by promoter.

5.12.070 License application.

5.12.080 License fee.

5.12.090 Records.

5.12.100 Administration.

5.12.110 Penalties and interest.

5.12.120 Appeals.

5.12.010 License requirement.

It is unlawful for any person, group of persons, partnership, association, corporation, or any other type of business entity to act as a promoter of a temporary special event without first obtaining a temporary special event license. Examples of temporary special events include, but are not limited to, trade shows, festivals, fairs, arts and crafts shows, home shows, recreational vehicle shows, boat shows, and antique shows open to the public. (Ord. 4486 § 1, 1993.)

5.12.020 Definitions.

As used in this chapter, the following terms have the meanings indicated:

A. “Promoter” means any person, group of persons, association, partnership, corporation, or firm engaged in the business of providing to any vendor, directly, or indirectly, sales areas within a temporary special event location for the purpose of using such location during the term of a temporary special event license.

B. “Sales area” means any stall, booth, stand, space, section, unit, or specified floor area within any temporary special event location where goods or services are offered or displayed by a vendor for the purpose of sale, trade, barter, exchange or advertisement.

C. “Temporary special event” means the congregation of a minimum of 15 vendors who rent, lease, purchase or otherwise obtain a sales area from or through a promoter for the purpose of selling, bartering, exchanging, trading or displaying goods or services at an event which is open to the public for a period not to exceed 10 consecutive calendar days.

D. “Temporary special event location” means an area, open to the public, wherein vendors congregate for the purpose of participating in a temporary special event.

E. “Vendor” means any person, association, group, partnership, corporation or firm who exhibits goods or services in a temporary special event location provided through a licensed temporary special event promoter, for the purpose of selling, bartering, trading, exchanging or advertising such goods or services. (Ord. 4486 § 1, 1993.)

5.12.030 Exclusion.

Promoters who promote an event at which attendance is restricted and which event is not open to the public are excluded from the licensing requirement of this chapter. (Ord. 4486 § 1, 1993.)

5.12.040">5.12.040 Exemption under Chapter 4.09 BCC.

Vendors included under a promoter’s temporary special event license are exempt from the provisions of Chapter 4.09 BCC for the term and activity for which the license was issued. (Ord. 5436 § 13, 2003; Ord. 4486 § 1, 1993.)

5.12.050 Term of license.

Each license issued under this chapter shall be limited to the number of days approved for operation of the temporary special event for which the license is issued. No license shall be effective for more than 10 consecutive calendar days. (Ord. 4486 § 1, 1993.)

5.12.060 Collection by promoter.

The license fee required pursuant to BCC 5.12.080 shall be collected by the promoter from each vendor who intends to be included under the promoter’s temporary special event license and shall be remitted by the promoter to the city three days prior to the commencement of the temporary special event. The promoter shall be personally responsible for any sums collected, or any sum which should have been collected from a vendor. (Ord. 4486 § 1, 1993.)

5.12.070 License application.

At the time of applying for a license pursuant to this chapter, the promoter shall submit to the tax office a list of the total number of vendors participating at the special temporary event for which the license is sought, which list shall include the vendors’ names, addresses, and business phone numbers, together with a general description of the goods and/or services offered by each vendor. (Ord. 4486 § 1, 1993.)

5.12.080 License fee.

The temporary special event license fee required to obtain a license pursuant to this chapter shall be an amount equal to $5.00 a day for each vendor participating at the temporary special event for each day of the event, not to exceed a total of $40.00 for each vendor. (Ord. 4486 § 1, 1993.)

5.12.090 Records.

A promoter of a temporary special event shall maintain a record of all vendors participating in such event, and such records shall be available for inspection by the tax office or its designated agent during normal business hours. (Ord. 4486 § 1, 1993.)

5.12.100 Administration.

The city manager, or his or her designee, shall have the power, and it shall be his/her duty, from time to time, to adopt, publish, and enforce rules and regulations not inconsistent with this chapter for the purpose of carrying out the provisions hereof. (Ord. 4486 § 1, 1993.)

5.12.110 Penalties and interest.

A promoter of a special temporary event who fails to file a complete license application or who fails to remit the required license fee to the city at least three days prior to such special temporary event shall have added to the license fee required by BCC 5.12.080 an amount equal to 10 percent of such license fee. An extension of time to file the application and/or remit the license fee may be granted by the tax administration manager for good cause shown. Interest may be assessed in the amount of 12 percent per year for any unpaid license fee from the date due and owing to the city. Failure to obtain a special temporary event license for a special temporary event shall render all vendors participating in the event subject to the provisions of Chapter 4.09 BCC. (Ord. 5436 § 14, 2003; Ord. 4486 § 1, 1993.)

5.12.120 Appeals.

Any promoter aggrieved by the amount of the temporary special event license fee required pursuant to this chapter or by any penalty or interest imposed pursuant to this chapter may appeal such fee, penalty or interest to the city hearing examiner pursuant to the procedure set forth in the Process II appeal procedures (LUC 20.35.250). (Ord. 4978 § 25, 1997; Ord. 4486 § 1, 1993.)

Chapter 5.14
GROUP HOME OPERATOR REGISTRATION

(Repealed by Ord. 4863)

Chapter 5.16
FOR HIRE VEHICLES

Sections:

5.16.010 Definitions.

5.16.020 License – Applications.

5.16.030 Taxicabs, maximum number.

5.16.040 Unlawful to sublet.

5.16.050 Color scheme.

5.16.060 Expiration of licenses and license fees.

5.16.070 Unlawful to operate taxicab or for hire vehicles without liability insurance.

5.16.080 City of Bellevue taxicab or for hire license plates.

5.16.090 Duplicate license plates.

5.16.100 Rate schedule.

5.16.110 Display of taxicab or for hire vehicle number.

5.16.120 Taximeter.

5.16.130 Installation of taximeters.

5.16.140 Flag to be proper position.

5.16.150 Classification and capacity.

5.16.160 Driver’s license.

5.16.170 Trip sheets.

5.16.180 Display of license.

5.16.190 Inspection of taxicab or for hire vehicles.

5.16.200 Direct route of travel.

5.16.210 Unlawful not to pay fare.

5.16.220 Leaving taxicabs or for hire vehicle unattended.

5.16.230 Baggage.

5.16.240 Two-way radio dispatch.

5.16.250 Discontinued use as taxicab or for hire vehicle.

5.16.260 Unlawful to solicit fares.

5.16.270 Condition of driver.

5.16.280 Suspension – Revocation of for hire driver’s license.

5.16.290 Licensing fees.

5.16.300 For hire driver’s license required – Application.

5.16.310 Qualifications for a for hire driver’s license.

5.16.320 Seattle-King County health department.

5.16.330 Fingerprints and photographs to accompany application.

5.16.340 Investigation of applicants for driver’s licenses.

5.16.350 Temporary permit.

5.16.360 Issuance of for hire driver’s license.

5.16.370 Expiration and renewals of for hire driver’s licenses.

5.16.380 For hire driver’s license fee.

5.16.390 Damaged or worn-out for hire driver’s licenses to be replaced.

5.16.400 Identification of drivers.

5.16.410 Renewal of license, registration or permit – Late penalty.

5.16.450 Violations and penalties.

5.16.460 Civil penalty.

5.16.470 Additional enforcement.

5.16.010 Definitions.

For purposes of this chapter and unless the context plainly requires otherwise:

A. “Enforcement officer” means such city employee as authorized by the Bellevue chief of police to enforce this chapter or the King County director of public safety and his duly authorized representatives as authorized by cooperative agreement executed under RCW 39.34.080.

B. “For hire driver” means any person in charge of or driving a taxicab or for hire vehicle carrying passengers or baggage for hire, as hereinafter further defined; provided, however that the provisions of this chapter shall not apply to drivers of motor vehicles operated by any municipal or privately owned, licensed transit system.

C. “For hire vehicle,” wherever used in this chapter, means and includes every motor vehicle other than a sightseeing car or charter bus having a seating capacity of seven passengers or more, as per manufacturer’s rating, used for the transportation of passengers for hire, and not operated exclusively over a fixed and definite route.

D. “Licensing official” means such city employee as the city manager designates or the director of the King County department of general services and his duly authorized representatives as designated by cooperative agreement executed under RCW 39.34.080.

E. “Motor vehicle” means every self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided that vehicles used exclusively upon stationary rail tracks or propelled by the use of overhead electric wires, or for hotel or motel keepers conveying their guests to and from hotels or motels free of charge or reward and used exclusively for that purpose only, shall not come under the provisions of this chapter.

F. “Taxicab” means every motor vehicle having a seating capacity of six passengers or less as per manufacturer’s rating, used for the transportation of passengers for hire, and not operated over a fixed and definite route.

G. “Taximeter” means any instrument or device by which the charge for hire of a passenger carrying vehicle is mechanically measured or calculated either for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures.

H. “To engage in the business of operating,” “to operate,” “operate,” “operating,” “engaged in the business of operating,” a taxicab or for hire vehicle, include but are not limited to the stationing of said vehicles within, or the dispatching of said vehicles from within the city. (Ord. 2176 § 1, 1975.)

5.16.020 License – Applications.

It is unlawful to own, operate, or engage in the business of operating a taxicab or for hire car in the city without first having obtained, for each and every vehicle so used, a license from the licensing official to be known as a for hire or taxicab license. Licenses shall be obtained in the following manner:

A. The applicant for such license, in a manner approved by the licensing official, shall show in his application: The true name and address of the applicant, and if a corporation, the names and addresses of the principal officers thereof; the classification under which the vehicle will be operated, whether as taxicab or other vehicle for hire; the year for which the license is sought; and shall furnish full, true and accurate information concerning the ownership, identification, company vehicle number, the name of the business, fictitious or otherwise, under which the vehicle is to be operated, the distinguishing color scheme, design or dress, including any monogram or insignia to be used on such vehicle or vehicles, the number of days and the mileage for each day of operation for any or all vehicles operated by the applicant under any license issued under the provisions of this chapter or any prior ordinance of the city regulating taxicabs and for hire vehicles for the year preceding the yearly period specified in the application; whether he has been convicted of any violation within 10 years preceding the date of application related to the sale or possession of intoxicating liquor, gambling or any law or ordinance relating to public morality and decency, or for violating any law or ordinance involving an intent to defraud, or whether the applicant has ever been convicted of any law or ordinance relating to the use, sale or possession of narcotic drugs or barbiturates, or any such other information the licensing official may require, which he deems reasonably necessary to aid in the enforcement of this chapter.

B. The licensing official shall inquire into the correctness of the information furnished, and if so satisfied, after due investigation, that the applicant is the reliable and bona fide owner of the motor vehicle, has met the various requirements of this chapter, that the name under which the applicant is to operate and the color scheme used upon the motor vehicle do not conflict with others so used, or tend to deceive the public, that the motor vehicle is equipped with proper state license and is properly insured for the protection of the public as required by law, and that there is a bona fide need for taxicab or for hire service in the city, a license may thereupon be issued in accordance with the provisions of this chapter, authorizing the operation of the motor vehicle under the classification applied for. The license shall be effective for one year from the date license is granted.

C. A license may be denied to any person if the licensing official, after due investigation, has reason to believe that the applicant is dishonest or immoral, desires such license to enable him to engage in a dishonest, unlawful, or immoral act, practice or enterprise. Wilful falsification or omission of any information required in the application shall constitute grounds for denial of the license.

D. No license shall be transferable to any person except in case of a bona fide sale of the business of the owner or operator of the motor vehicle and no license shall be transferred to any other motor vehicle without approval of the director and then only in cases where the motor vehicle for which the license is issued shall be sold, become obsolete, unsafe or unfit for further use. Such determination shall be made by the licensing official and his determination shall be conclusive. All city licensed taxicabs shall be operated for at least 10 miles per day for 230 days of the licensed year, and no new taxicab license shall be issued to any person holding a license which lapses because of failure to meet the foregoing requirement in the next preceding licensed year; provided, however, that the licensing official, upon good cause shown, may waive the foregoing requirement. (Ord. 2176 § 1, 1975.)

5.16.030 Taxicabs, maximum number.

The maximum number of taxicabs authorized to operate and for which licenses may be issued shall be based upon the population of the city as determined by the last preceding United States census, at the ratio of one taxicab to each 4,400 inhabitants; provided that this limitation shall not affect taxicabs in operation under license on the effective date of the ordinance codified in this chapter, except as such vehicles are abandoned through inability of operators to meet the requirements of this chapter. (Ord. 2176 § 1, 1975.)

5.16.040 Unlawful to sublet.

It is unlawful for the holder of a taxicab or for hire vehicle 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 herein contained shall prevent the holder of a valid taxicab or for hire vehicle license from employing city licensed drivers for his taxicabs; and provided further, that the licensing official, upon a finding that the licensee is incapacitated because of illness, may allow a licensee to lease his business and license to another person or persons for a period not to exceed one year. (Ord. 2176 § 1, 1975.)

5.16.050 Color scheme.

The licensing official shall, in the interest of protecting the public from being deceived or confused, have the exclusive control in the granting or permission to use any color scheme, design or monogram by any taxicab or vehicle for hire. It is unlawful to use or change any color, design, monogram or insignia on any taxicab or vehicle for hire, without the prior permission and approval of the licensing official. Failure to comply with this provision shall be grounds for revocation of any taxicab or for hire vehicle license. (Ord. 2176 § 1, 1975.)

5.16.060 Expiration of licenses and license fees.

All licenses issued under this chapter shall expire one year from the date the license was granted. Such licenses may be renewed by the license holder for the succeeding year by making application thereof with the licensing official at least 10 days prior to the expiration date. (Ord. 2176 § 1, 1975.)

5.16.070 Unlawful to operate taxicab or for hire vehicles without liability insurance.

No such license shall be issued unless the applicant therefor files with the licensing official satisfactory evidence of a policy or policies of public liability insurance, issued by an insurance company or companies authorized to do business in the state. The policy or policies shall be in the minimum sum of $100,000 for the injury or death of one person, including the passenger, $300,000 for the injury or death of more than one person, including the passenger, in any one accident, and $50,000 for property damage. The policy or policies shall, in addition, by endorsement or otherwise name the city of Bellevue as an additional insured and provide that the city, its officers, agents, and employees, shall be indemnified and held harmless from any loss, or claim or suit for damages or injury from the use or operation of the vehicle for which such permit is to be issued, and shall further provide that not less than 10 days’ written notice shall be given to the director in the event of any change or cancellation. Such insurance shall be maintained in full force and effect for the full period to be covered by the permit applied for and failure to do so shall result in the automatic suspension of such permit. (Ord. 2176 § 1, 1975.)

5.16.080 City of Bellevue taxicab or for hire license plates.

The licensing official shall furnish with each taxicab or for hire license issued, one or more tags or plates or metal decals. All plates, tags or metal decals shall bear a number and the year for which the license was issued. The form, material, and positioning on the vehicle shall be as prescribed by the licensing official. It is unlawful for any owner, operator or driver of a taxicab or for hire vehicle to operate such vehicle without having conspicuously displayed thereon such vehicle license plate, furnished and authorized by the licensing official, or to operate such vehicle with expired or illegible city taxicab or for hire license plates thereon. All plates shall be and remain the property of the city and upon the revocation, surrender, suspension or expiration of a vehicle license, or if found in the possession of any person other than to whom the license was issued, the plates shall be picked up by an enforcement officer and returned to the licensing official. (Ord. 2176 § 1, 1975.)

5.16.090 Duplicate license plates.

Whenever a city taxicab or for hire license plate becomes lost, destroyed or stolen, a duplicate may be issued by the licensing official at the expense of the licensee. The request for a duplicate license plate shall be accompanied by the licensee’s sworn statement to the effect that such license plate has become lost, destroyed or stolen. Should the original of the ordered duplicate be later found, the original plate shall be promptly returned to the licensing official. It is unlawful to manufacture or produce any taxicab or for hire vehicle license plate or duplicates thereof herein provided except by order of the licensing official. (Ord. 2176 § 1, 1975.)

5.16.100 Rate schedule.

Every licensee shall, before commencing operation, file with the licensing official his proposed schedule of rates and charges. It is unlawful for any licensee to charge any greater or lesser sum than is specified by such filed schedule of rates, except as herein provided, and it is unlawful to make any discriminatory charges to any person, or to make any rebate or in any manner reduce the charge to any person unless such reduction is in conformity with the schedule, and rates and charges shall be conspicuously displayed in the taxicab so as to be readily discernible to the passenger. Operation of any taxicab or for hire vehicle without the filing and display of rate schedules shall be prima facie grounds for the suspension or revocation of the license.

A. The rate schedule for taxicabs shall be as follows:

For one passenger for the first one-sixth mile, or fraction thereof: $0.80;

Thereafter for each additional one-sixth mile, or fraction thereof: $0.10;

For every one minute of waiting time: $0.12;

For each additional passenger: $0.20.

(No additional passenger shall be picked up without the express consent of the original passenger.)

B. The rate schedule for for-hire vehicles shall be determined for each licensee by the licensing official, who shall take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors:

1. The public need for adequate for hire vehicle service at the lowest level of charges consistent with the provision, maintenance and renewal of such service;

2. The rates of other licensees operating in the same or similar areas;

3. The effect of such rates upon transportation of passengers by other modes of transportation;

4. The licensee’s need for revenue of a level which under honest, efficient and economical management is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind) of providing adequate for hire vehicle service, plus an amount equal to such percentage of the cost as is reasonably necessary for the replacement of deteriorated for hire vehicles and a reasonable profit to the licensee. The relation of revenues to expenses may be deemed the proper test of a reasonable profit.

C. Any person, partnership, corporation or legal entity driving or operating or engaged in the business of operating taxicabs, may contract their services to any legally established commercial enterprises, such as, apartment house complexes, motels, airlines, manufacturing companies, for rates below those as established herein, with approval of the director of licenses. After approval by the licensing official, a copy of the contract between the licensee and the commercial enterprise shall be filed with the director of licenses in triplicate. No business shall be conducted prior to the licensing official’s approval.

D. The rate schedule for taxicabs entering into contractual service shall be determined for each licensee by the licensing official, who shall take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors:

1. The public need for adequate taxicabs entering into contractual service at the lowest level of charges consistent with the provision, maintenance and renewal of such service.

2. The rates of other licensees operating in the same or similar areas;

3. The effect of such rates upon transportation of passengers by other modes of transportation;

4. The licensee’s need for revenue of a level which under honest, efficient and economical management, is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind) of providing adequate contract taxi vehicle service, plus an amount equal to such percentage of the cost as is reasonably necessary for the replacement of deteriorated contract taxi vehicles and a reasonable profit to the licensee. The relation of revenues to expenses may be deemed the proper test of a reasonable profit. (Ord. 2176 § 1, 1975.)

5.16.110 Display of taxicab or for hire vehicle number.

It is unlawful for any taxicab or for hire vehicle to fail to have conspicuously displayed, where it is readily discernible by the passenger, the name and number of the taxicab or for hire vehicle contained in a plastic sealed card attached to a metal holder, the size, location and form thereof to be determined by the licensing official. It shall be unlawful during the hours of darkness to fail to sufficiently illuminate such name and number. (Ord. 2176 § 1, 1975.)

5.16.120 Taximeter.

It is unlawful for any person to drive, operate, or engage in the business of operating a taxicab unless the vehicle is equipped with a taximeter which has been inspected by the licensing official.

It shall be the duty of the owner, driver, or any other person having possession or control of a taxicab to keep such taximeter accurate and in good working condition at all times. Prior to the installation of such taximeter, same shall be approved for operation by an official testing station so designated by the licensing official 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 semiannually in the same manner as the original inspection.

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.

It is unlawful for any person to fail, resist or refuse the licensing official or any duly authorized agent to test and reinspect the taximeter at any time. (Ord. 2176 § 1, 1975.)

5.16.130 Installation of taximeters.

Every taximeter shall be installed at the right side of the driver, either adjoining the cowl or dashboard of the taxicab and at such height that the flag thereof may be readily seen by observers on the street. The reading face of the taximeter shall at all times be well lighted and distinctly readable to the passengers within the vehicle. It is unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter or to change the taximeter from one vehicle to another unless such taximeter is reinspected and approved by the licensing official; provided, however, that a licensee may change from regular to snow or studded tires without reinspection of the taximeter, so long as the change does not operate to increase the mileage registered by the taximeter. (Ord. 2176 § 1, 1975.)

5.16.140 Flag to be proper position.

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 or for hire vehicle is not employed. The flag of such taximeter must be returned to a nonrecording position at the termination of each and every service. (Ord. 2176 § 1, 1975.)

5.16.150 Classification and capacity.

The licensing official shall by inspection determine the classification and capacity of the vehicle inspected. (Ord. 2176 § 1, 1975.)

5.16.160 Driver’s license.

It is unlawful for any person owning, controlling, or engaged in the business of operating taxicabs or for hire vehicles to employ as the driver of any such vehicle, or permit any such vehicle to be operated by a driver who does not have in his possession a valid for hire driver’s license.

If any driver of a taxicab or for hir