Title 5 BUSINESS LICENSES AND REGULATIONS

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:

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.

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:

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

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;

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

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

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:

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:

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 development services and fire departments, which shall investigate and provide information to the clerk concerning compliance of the premises sought to be licensed with this chapter and other applicable city, county and state health, zoning, building, fire and safety ordinances and laws. (Ord. 5821 § 7, 2008; 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 development services 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 development services and county health departments during normal business hours and during those hours when a dance is being conducted. (Ord. 5821 § 8, 2008; 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:

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:

5.06.080 License – Denial of application.

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;

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 development services department 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. 5821 § 9, 2008; Ord. 3547 § 11, 1985.)

5.06.110 Appeal and hearing.

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

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.

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:

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.

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.

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

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.

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 development services 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.

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;

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. 5821 § 10, 2008; 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.

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.

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.

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:

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

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.

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

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:

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.

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

Chapter 5.12
TEMPORARY SPECIAL EVENTS

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.

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 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

Chapter 5.16
FOR HIRE VEHICLES

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

5.16.010 Definitions.

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.

(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;

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.

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 hire vehicle is convicted of driving such vehicle while under the influence of or affected by liquor or drugs, the for hire driver’s license of such driver shall be revoked and he shall not be granted a for hire driver’s license for a period of at least one year from the date of such conviction. (Ord. 2176 § 1, 1975.)

5.16.170 Trip sheets.

A. It is unlawful for any person owning or operating any taxicab or for hire vehicle, to fail to keep an accurate daily record on a trip sheet, the form and size to be determined and approved by the licensing official. All daily trip sheets shall be kept on file for a period of five years at the address for which the vehicle for hire license is issued. All daily trip sheets shall be open for inspection by the licensing official either while carried in the vehicle for hire or at the address of the licensee.

B. It is unlawful for any taxicab or for hire driver to fail or refuse to turn in his trip sheet or moneys collected from taxi trip fares to his employer or his duly authorized agent at the end of each shift worked.

4. The date, time and place of origin and dismissal of each trip (including trips where the passenger did not complete an actual trip);

6. The number of passengers paying or not paying and any other items for which a charge was or was not made;

7. The beginning and ending speedometer mileage of the vehicle for each shift worked;

9. The beginning and ending meter readings for each shift worked. The driver of any taxicab or for hire vehicle shall, on request of any passenger paying him a fare for any trip, issue a receipt showing such information for said trip.

Failure to keep an accurate daily trip sheet or the withholding of a trip sheet or fare moneys collected by a for hire driver from his employer or his duly authorized agent, shall be grounds for suspension or revocation of his for hire driver’s license. (Ord. 2176 § 1, 1975.)

5.16.180 Display of license.

Every owner or operator of any taxicab or for hire vehicle shall at all times carry in such vehicle permits issued by the Department of Motor Vehicles of the state showing such vehicle to be properly insured for the protection of the public, and also the licenses and permits issued pursuant to this chapter. (Ord. 2176 § 1, 1975.)

5.16.190 Inspection of taxicab or for hire vehicles.

All vehicles operated under the authority of this chapter shall be made available for inspection at any time or any place by the licensing official. The licensing official shall inspect the vehicle to determine cleanliness, proper equipment, good appearance, safe operating condition and shall in all cases be the sole judge in this determination. A taxicab or for hire vehicle shall be deemed to be of safe condition for the transportation of passengers, when the following minimum requirements have been complied with:

C. A complete lighting system, exterior and interior, and including signalling devices and emergency flashers;

E. Glass (windshield and rear) free of breaks, cracks or defects sufficient to mar vision;

F. Tires with minimum tread depth of 2/32 inches as determined by gauge and free of visible defects;

G. Other safety equipment as may be determined from time to time by the licensing official to be necessary for the safe transportation of passengers for hire.

If the licensing official determines during his inspection that the condition of any taxicab or vehicle for hire needs correction he shall issue to the operator or driver thereof a notice in writing specifying such defects and same shall be remedied immediately or at a later date to be fixed by the licensing official.

It is unlawful to fail to comply with any written notice by the licensing official to make certain corrections on the taxicab or for hire vehicle. (Ord. 2176 § 1, 1975.)

5.16.200 Direct route of travel.

Any driver of a taxicab or for hire vehicle employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. (Ord. 2176 § 1, 1975.)

5.16.210 Unlawful not to pay fare.

It is unlawful for any for hire driver to refuse to accept as a passenger any person of proper deportment who requests a ride when the taxicab or for hire vehicle is vacant or not employed, and it is unlawful for any person to refuse to pay the regular fare for a taxicab or for hire vehicle after having hired the same. (Ord. 2176 § 1, 1975.)

5.16.220 Leaving taxicabs or for hire vehicle unattended.

It is unlawful for any driver of a taxicab or for hire vehicle to leave the same unattended, or to make repairs thereto or wash such vehicle while in a taxicab zone; except that a period of not to exceed 60 minutes is allowed such for hire driver for purposes of taking his meals or shopping during which time such taxicab or for hire vehicle may be left unattended as long as the vehicle is locked and does not interfere with other taxicabs or for hire vehicles within such zone. (Ord. 2176 § 1, 1975.)

5.16.230 Baggage.

Persons served with a taxicab or for hire vehicle hereunder shall be entitled to have with them their valises or small hand baggage as can be conveniently carried within the vehicle, loaded, conveyed, and unloaded without charge. (Ord. 2176 § 1, 1975.)

5.16.240 Two-way radio dispatch.

It is unlawful for any for hire driver to fail to respond to a call from the dispatcher to pick up a passenger when so requested or to fail to keep the radio in the taxicab or for hire vehicle operating at all times during the shift the taxicab or for hire vehicle is operated. All taxicabs or for hire vehicles shall have conspicuously placed on the vehicle by the name of the cab, the telephone number where the taxicab or for hire vehicle may be radio dispatched from. Persons canceling calls for taxicabs or for hire vehicles after dispatch in answer thereto, may be charged the same rate as if used. (Ord. 2176 § 1, 1975.)

5.16.250 Discontinued use as taxicab or for hire vehicle.

All taxicabs or for hire vehicles licensed under this chapter when discontinued for use as a taxicab or for hire vehicle shall be sufficiently repainted forthwith with a color that will not tend to confuse or lead the public to believe the vehicle may still be a taxicab or for hire vehicle and may not be used on the street for private transportation until the repainting has been completed. Failure to comply with the provisions of this section shall be grounds for revocation of such license. (Ord. 2176 § 1, 1975.)

5.16.260 Unlawful to solicit fares.

It is unlawful for any for hire driver to cruise, drive, or operate a taxicab or for hire vehicle repeatedly and persistently to and fro upon a public street or to solicit thereon, or on private property, or to haul any additional passengers when his taxicab or for hire vehicle has been engaged for hire and is occupied already by a passenger or passengers, except with the permission of such occupying passenger or passengers. (Ord. 2176 § 1, 1975.)

5.16.270 Condition of driver.

It is unlawful for any for hire driver to consume any alcoholic beverage at any time within eight hours of reporting for duty, or while on duty as a driver to operate any taxicab or for hire vehicle while under the influence of or affected by intoxicating liquors, narcotics, barbiturates, or any medicine that shall impair his ability to drive.

It is unlawful for any for hire driver to drive, operate, or be in a taxicab or for hire vehicle in a position to drive or operate for longer than 10 hours in any one 24-hour period. (Ord. 2176 § 1, 1975.)

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

Any driver of a taxicab or for hire vehicle who charges any passenger a rate or fare other than that provided for in this chapter shall upon conviction, in addition to any other penalties provided by law, have his for hire driver’s license suspended for a period of not less than 30 days nor more than one year. (Ord. 2176 § 1, 1975.).

5.16.290 Licensing fees.

It is unlawful to engage in the business of operating a taxicab or for hire vehicle as defined in this chapter without first obtaining a valid taxicab or for hire vehicle license to do so. Nonrefundable license and related fees shall be as established by King County Code Section 6.64.025, and any amendments that may be made to this King County code section. (Ord. 4738 § 1, 1995; Ord. 2176 § 1, 1975.)

5.16.300 For hire driver’s license required – Application.

It is unlawful for any person to drive or operate a taxicab or for hire vehicle in the city without first having obtained a valid and subsisting license to do so, which license shall be known as a for hire driver’s license. The license shall be obtained in the following manner:

The applicant shall file an application on a form furnished by the licensing official, which shall be signed and sworn to by the applicant and shall contain: Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident of the state, whether a citizen or noncitizen, last place of employment, whether or not the license was ever suspended or revoked and for what cause, and such other information as may reasonably be required. The applicant shall on the application give the names and mailing address of four persons, not relatives, who have known the applicant for at least two years past. (Ord. 2176 § 1, 1975.)

5.16.310 Qualifications for a for hire driver’s license.

No person shall be issued a for hire driver’s license unless he possesses the following qualifications:

B. Must be a bona fide resident of the state for at least six months prior to filing application;

D. Must be free from any infirmity of body or mind which would render the applicant unfit for safe operation of a motor vehicle and shall have submitted to a medical examination by the Seattle-King County health department and have obtained a certificate from the officer certifying his fitness as such for hire driver. Such examination certificate shall not be required for renewals of such license, but the licensing official may at any time at his discretion require any licensee to be so exam-

E. Must not be addicted to the use of intoxicating liquor, dangerous drugs or narcotics. (Ord. 2176 § 1, 1975.)

5.16.320 Seattle-King County health department.

Any applicant who fails to pass a satisfactory medical examination may be reexamined after 30 days from the original examination, and if following such reexamination the certificate herein required from the Seattle-King County health department is issued, the applicant may be licensed in accordance with the provisions of this chapter. (Ord. 2176 § 1, 1975.)

5.16.330 Fingerprints and photographs to accompany application.

Each application for a for hire driver’s license shall be accompanied by a complete set of fingerprints of the applicant, and also by three recent duplicate photographs of the applicant of the size to be determined by the licensing official. One photograph shall be retained in the records of the business license section and the second attached to the license in such manner that it cannot be removed and another photograph substituted therefor without detection; the third photograph together with the name, address and license number shall be prominently displayed inside the taxicab so as to be readily discernible to any passenger. (Ord. 2176 § 1, 1975.)

5.16.340 Investigation of applicants for driver’s licenses.

When an application for a for hire driver’s license, duly signed and sworn to and accompanied by the required certificate of the Seattle-King County health department has been received by the licensing official, he shall investigate the statements contained therein, and may obtain such other information concerning the applicant’s character, integrity, personal habits, past conduct and general qualifications as will show the applicant’s ability and skill as a driver of a motor vehicle for hire, and his honesty, integrity and character for the purpose of determining whether the applicant is a suitable person to drive a motor vehicle for hire. All applications for for-hire driver’s licenses shall become null and void after 60 days from date of filing, if the applicant for any reason fails or neglects to obtain a license. (Ord. 2176 § 1, 1975.)

5.16.350 Temporary permit.

Upon application for a for hire driver’s license, the licensing official may issue a temporary for hire driver’s permit which shall entitle the applicant to operate a taxicab or other for hire vehicle pending final action upon his application, for a period not to exceed 45 days; provided, that any such temporary permit may be revoked for falsification of information on the application. Such temporary permit shall not be transferable or assignable and shall be valid only with the taxicab or for hire vehicle company to which it was originally issued. Whenever the holder of such a temporary permit leaves the original employment, the employer shall notify the licensing official within five days. (Ord. 2176 § 1, 1975.)

5.16.360 Issuance of for hire driver’s license.

If the licensing official is satisfied that the applicant for a for hire driver’s license possesses the qualifications and is a suitable person to drive a motor vehicle for hire under the provisions of this chapter, he shall issue him a for hire driver’s license which will entitle him to drive and operate a motor vehicle for hire within King County. (Ord. 2176 § 1, 1975.)

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

All for hire driver’s licenses shall expire one year from the day license was granted and must be renewed within 10 days from the date of expiration, except as otherwise herein provided. Applications for renewal shall be made to the licensing official and shall contain such information as he may deem necessary, whereupon he may renew the license for a period of one year; provided, however, that a person whose for hire driver’s license has expired and who is not engaged in the business or occupation of driving taxicabs in the city may have his license renewed within six months from date of expiration; and provided further, that in the event it appears that the licensee has become physically or mentally incapacitated to a degree so as to make the driving of an automobile or other motor vehicle by the licensee a danger to the public, the licensing official may require the licensee to be reexamined by the Seattle-King County health department and procure from that department a satisfactory certification before such for hire driver’s license may be renewed. (Ord. 2176 § 1, 1975.)

5.16.380 For hire driver’s license fee.

The fees for a for hire driver’s license shall be as follows: For each original license, $15.00; for each renewal thereof, $5.00. (Ord. 2176 § 1, 1975.)

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

When the license is worn-out, damaged or otherwise unfit for use, the licensing official may require the license to be replaced in the same form as the original license, at the expense of the licensee. (Ord. 2176 § 1, 1975.)

5.16.400 Identification of drivers.

Every for hire driver shall wear a badge of identification, the size, form and placement to be determined and approved by the licensing official, and such badge shall be worn by such for hire driver at all times while he is operating a taxicab or for hire vehicle; such badge shall show, among others, the name of the licensed for hire driver, and the name and telephone number of the company employing such driver. The for hire driver’s license shall at all times be carried on the person of the licensee; and shall on request be exhibited by the licensee to any passenger or to any police officer or other enforcement officer. (Ord. 2176 § 1, 1975.)

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

A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than 10 working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such penalty is fixed as follows:

A. For a license, registration or permit requiring a fee of $0.50 or more, but less than $50.00: 20 percent of the required fee;

B. For a license, registration or permit requiring a fee of $50.00 or more, but less than $1,000: 10 percent of the required fee;

C. For a license, registration or permit requiring a fee of $1,000 or more: five percent of the required fee. (Ord. 2176 § 1, 1975.)

5.16.450 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment in the county jail for a period not exceeding 90 days. (Ord. 2176 § 1, 1975.)

5.16.460 Civil penalty.

In addition to or as an alternative to any other penalty provided herein or by law any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the licensing official. The licensing official, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this chapter. (Ord. 2176 § 1, 1975.)

5.16.470 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the licensing official may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 2176 § 1, 1975.)

Chapter 5.20
GARBAGE COLLECTION

Chapter 5.24
HOTELS – GUEST REGISTRATION

5.24.010 Definitions.

For the purposes of this chapter, “hotel,” in addition to its ordinary and statutory meaning, means and includes any building or place maintained and conducted for the purpose of furnishing lodging, or lodging and food to permanent or transient guests, including motels; and “guest,” in addition to its ordinary meaning, means and includes anyone renting a lodging place, with or without a written contract or lease, either permanent or transient, in a hotel. (1961 code § 5.46.010.)

5.24.020 Registration.

Everyone operating, managing or keeping a hotel as above defined shall require each guest at the time of his arrival to sign in ink his true name and provide his true address on a register kept for that purpose and shall keep such register as a permanent record and mark thereon the time and date of said guest’s arrival and departure; provided, that a husband may sign the register for his wife and family. Such record shall be kept available for inspection by any peace officer at any reasonable time, or in a police emergency at any time of day or night. No guest shall write or cause to be written in a hotel register any name other than his true name or the name by which he is generally known. (1961 code § 5.46.020.)

5.24.030 Violation a misdemeanor.

Any person violating or failing to comply with the provisions of this chapter is guilty of a misdemeanor. (Ord. 2108 § 1, 1974; 1961 code § 5.46.030.)

Chapter 5.28
MASSAGE PARLORS AND PUBLIC BATHHOUSES

Chapter 5.30
CABLE COMMUNICATIONS¹

5.30.010 Title.

This chapter shall be known as the cable communications chapter. (Ord. 5531 § 2, 2004.)

5.30.020 Purpose.

A. Provide for the franchising and regulation of cable communications within the city of Bellevue;

B. Provide for a cable communications system or systems that will meet the current and future needs of the city;

C. Provide for the payment of fees and other valuable consideration to the city for the use of the public ways and for the privilege to construct and operate cable communications systems;

D. Provide, consistent with applicable law, for the regulation by the city of certain rates to be charged to subscribers for certain cable communications services;

E. Provide for the establishment of construction, maintenance, and operations standards to ensure the safety of the public;

F. Provide for the development of cable communications as a means to improve communication between and among the members of the public and public institutions of the city; and

G. Provide remedies and prescribe penalties for violation of this chapter and any franchise granted hereunder. (Ord. 5531 § 2, 2004.)

5.30.030 Applicability.

This chapter is applicable to any cable communications franchise, including renewals, issued after the effective date of this chapter. (Ord. 5531 § 2, 2004.)

5.30.040 Definitions.

For purposes of this chapter the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is mandatory and the word “may” is permissive. Words not defined shall be given their common and ordinary meanings.

A. “Affiliate” shall mean any person or entity that directly or indirectly owns or controls, is owned or controlled by, or under common ownership or control with another person, a cable operator, and provides cable service or other service to subscribers in the city.

B. “Application” means a proposal seeking authority to construct and/or operate a cable communications system within the city pursuant to this chapter. Application shall include the initial proposal for a new or renewed franchise plus all related subsequent amendments thereto.

C. “Cable communications system” or “cable system” means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

3. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934 as amended, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

5. Any facilities of any electric utility used solely for operating its electric utility systems.

D. “Cable operator” means any person or group of persons who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system or who otherwise controls or is responsible for, through any arrangement, the management and operation of such cable systems.

E. “Cable services” shall mean (1) the one-way transmission to subscribers of video programming, or other programming service, and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

F. “Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by FCC regulations).

H. “Complaint” shall mean any issue raised by a subscriber that is a violation of the subscriber service standards.

I. “Construct” or “construction” shall mean building, installing, removing, replacing, repairing and maintaining any new or existing cable communications system equipment or facilities and may include, but is not limited to, digging and/or excavating for the purposes of building, installing, removing, replacing, repairing and maintaining any new or existing cable communications system equipment or facilities.

J. “Converter” means an electronic tuning device which converts transmitted signals to a frequency which permits their reception on an ordinary television receiver.

L. “Customer service representative” (“CSR”) means any person employed by the cable operator to assist or provide service to subscribers, whether by answering public telephone lines, writing service or installation orders, answering subscribers’ questions, receiving and processing payments, or performing other subscriber service related tasks.

M. “Drop” means the cable or cables that connect a subscriber’s premises to the nearest feeder line of the cable communications system.

N. “Easement” means a public or private easement or right-of-way, including a public utility easement, to be used for the purposes of constructing and operating a cable communications system.

O. “FCC” means the Federal Communications Commission or any legally appointed or designated agent or successor.

P. “File” means the delivery, by mail or otherwise, to the appropriate office, officer or agent of the city of any document or other thing which this chapter or a franchise requires a grantee to file with the city. The date of receipt by the city shall be considered the file date. Unless specified to the contrary, the filing shall be with the city clerk.

Q. “Franchise” means the nonexclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, or other public way in the city pursuant to a contractual agreement executed by the city and a cable operator.

R. “Franchise area” means the area within the jurisdictional boundaries of the city, including any areas annexed by the city during the term of a franchise.

S. “Grantee” means an entity authorized to construct and/or operate a cable communications system within the city pursuant to this chapter, including any lawful successor, transferee or assignee of an original grantee.

T. “Gross revenues” means all revenues derived directly or indirectly by the grantee or an affiliated entity from the operation of the cable system used to provide cable services within the franchise area. Gross revenues shall not include (1) bad debt; provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected; or (2) any taxes on services furnished by the grantee which are imposed directly on any subscriber or user by the state, city or other governmental unit and which are collected by the grantee on behalf of said governmental unit; or (3) any access capital contributions as defined by a franchise.

U. “Installation” means the connection of the cable system at the subscriber’s premises.

V. “Institutional services” means one-way and two-way nonentertainment transmission services for public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications.

W. “Maintain” or “maintenance” means the repair, restoration, replacement, renovation and testing of the cable communications system or components thereof so as to ensure that it operates in a safe and reliable manner and as required by a franchise and this chapter.

X. “Material breach” means any substantial or repeated failure of the grantee to comply with subscriber service standards or any other requirement set forth in the franchise agreement, this division or applicable law. A material breach also means any single breach of any term of the franchise agreement that has a substantial and significant effect on the rights of either party to the franchise agreement or to the subscribers in the service area described in the franchise agreement. A material breach shall also include any breach designated as material in the franchise agreement or this division.

Y. “Normal business hours” means the hours of 9:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m., Saturday, excluding legal holidays.

Z. “Normal operating conditions” means service conditions within the control of the grantee. Those conditions that are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

AA. “Other programming service” means information that a grantee makes available to all subscribers generally.

BB. “PEG access facilities” means channel capacity designated for public, educational or governmental use and/or facilities and equipment for the use of such channel capacity.

CC. “PEG access user” means any person or entity, including a governmental entity, entitled to make use of a PEG access channel consistent with the intended purpose of the channel.

DD. “Person” means an individual or legal entity, such as a corporation, partnership, or governmental entity.

EE. “Personally identifiable information” means specific information about a subscriber, including, but not limited to, a subscriber’s (1) log-in information, (2) extent of viewing of video programming or other services, (3) shopping choices, (4) interests and opinions, (5) energy uses, (6) medical information, (7) banking data or information, (8) web-browsing activities, or (9) any other personal or private information. “Personally identifiable information” shall not mean aggregate information about subscribers which does not identify particular persons.

FF. “Property owner” means any individual, association, or business entity that owns or controls an apartment building, condominium, mobile home, duplex, single-family home, or other property.

GG. “Right(s)-of-way” means all public streets, roads, avenues, alleys and highways of the city as now laid out, platted, dedicated, acquired or improved; and any streets, roads, avenues, alleys and highways that may hereafter be laid out, platted, dedicated, acquired or improved within the current limits of the city and as such limits may be hereafter extended, and all city-owned utility easements dedicated for the placement and location of various utilities, provided such easements would permit the cable operator to fully exercise the rights granted under a franchise within the area covered by the easement and including any air rights, subsurface rights or easements related thereto.

HH. “Service interruption” means loss of picture or sound on one or more cable channels.

II. “Standard installation” means (1) for an unwired dwelling unit, an installation of cable service to the subscriber’s dwelling unit located up to 125 feet from the distribution system as may be extended per line extension provisions of a franchise, plus additional inside wire and at least one outlet sufficient to receive cable services; and (2) for a prewired dwelling, the installation of cable service to the federal demarcation point located on the subscriber’s property up to 125 feet from the subscriber’s property line, sufficient to receive cable services and where the prewired equipment will allow the cable system to meet all Federal Communications Commission (FCC) technical requirements.

JJ. “Subscriber” means a customer who is a lawful recipient of cable television services or other services provided over a cable communications system.

KK. “Transfer” means any transaction in which all or a substantial portion of any cable communications system equipment or facilities or any right to use or operate the equipment or facilities located in the public right-of-way are sold, conveyed, transferred, assigned, encumbered or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise; or there is any change, acquisition or transfer of control of the cable operator, or any person that controls the cable operator, including, without limitation, forced or voluntary sale, merger, consolidation, exchange, or receivership; or the rights or obligations under the franchise are sold, conveyed, transferred, assigned, encumbered or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntary or by operation of law or otherwise. (Ord. 5531 § 2, 2004.)

5.30.050 Requirement of a franchise.

No grantee may construct, install, operate or maintain cable communications system equipment or facilities in the public right-of-way or use any cable communications system equipment or facilities installed in the public right-of-way for the purpose of providing cable service without a valid franchise obtained pursuant to the provisions of this chapter and subsequent amendments. (Ord. 5531 § 2, 2004.)

5.30.060 General franchise characteristics.

Any franchise issued pursuant to the provisions of this chapter shall be deemed to:

A. Authorize and govern the use of the public rights-of-way for installing cable communications system equipment and facilities in order to operate a cable communications system, including the terms and conditions appropriate thereto, but shall neither expressly nor impliedly be deemed to authorize a grantee to provide service, or install cables, wires, lines, or any other equipment or facilities upon city property other than public rights-of-way, or upon private property without the owner’s consent, or to utilize publicly or privately owned utility poles or conduits without a separate agreement with the owners thereof; provided, no grant of use by the city shall extend permission or use outside a purpose, dedication, or reservation granted to or held by the city; provided further, nothing herein shall prohibit the city or a grantee from exercising its rights under Section 621(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. Section 541(a)(2);

B. Be nonexclusive, and shall neither expressly nor impliedly be deemed to preclude the granting to other applicants of subsequent franchises to operate one or more other cable communications systems in the same area within the city, or the ownership or operation of a cable communications system by the city, which powers are expressly reserved to the city; and

C. Convey no property right to a grantee or right to renewal, except as otherwise provided by applicable law. (Ord. 5531 § 2, 2004.)

5.30.070 Franchise as a contract.

A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between a grantee and the city. In the event of a conflict between the provisions of this chapter and a franchise issued pursuant hereto, the provisions of this chapter shall govern unless the franchise clearly states the parties’ intent to have the provisions of the franchise control over the provisions of this chapter. Each party shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of a franchise, and a grantee shall further comply with all written rules, orders and regulations applicable to and not inconsistent with a franchise, which rules, orders and regulations are issued, promulgated or made pursuant to the provisions of this chapter or other lawful authority. (Ord. 5531 § 2, 2004.)

5.30.080 Subject to authority.

A grantee shall, at all times during the term of a franchise, be subject to all lawful exercise of the police power by the city and to such lawful regulations as the city shall hereafter enact. A grantee shall construct, operate and maintain the cable system in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the state of Washington, the city or any agency of said governments with jurisdiction over said activities. (Ord. 5531 § 2, 2004.)

5.30.090 Extent of grantee’s obligations.

The obligations imposed upon the grantee by the express terms of the franchise or implied by the terms of this chapter or any other ordinance affecting the same shall be deemed to include every employee, nominee or independent contractor of the grantee performing work in the city streets or other city property, under contract direction, request or authority of the grantee under this franchise, and the grantee, its agent, employee or independent contractor, severally, shall be responsible to the city for any injury or damage to city property or the expense incurred or suffered by the city in correcting defects in work replacing city streets or other improvements damaged by the acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 5531 § 2, 2004.)

5.30.100 No waiver of terms.

A failure of the city on one or more occasions to insist upon or to seek compliance with any term or condition of this chapter shall not excuse a grantee from complying with said term or condition on any other occasion. A failure of either the city or grantee on one or more occasions to insist upon or to seek compliance with any term or condition of a franchise shall not excuse the other party from complying with said term or condition on any other occasion. (Ord. 5531 § 2, 2004.)

5.30.110 Franchise term.

The term of a franchise shall be as specified in a franchise agreement, but it shall not exceed 10 years. If a grantee seeks authority to operate a cable system in the city beyond the term of its franchise, it shall file an application for a new franchise not earlier than 36 nor later than 30 months prior to the expiration of its franchise. (Ord. 5531 § 2, 2004.)

5.30.120 Service area.

A grantee shall offer cable communications service to all residential areas of the city unless specifically authorized in the franchise to serve a lesser area. Service to dwellings along nonpublic streets shall be offered by a grantee if easements are reasonably available to grantee on terms equivalent to those for easements along public streets. A franchise issued pursuant hereto shall require that all dwelling units within the franchise territory shall be offered service on the same terms and conditions; provided, however, multiple-family dwelling complexes, apartments or condominiums may be served on a master-billed basis and, further, service to motels, hotels, hospitals and similar businesses or institutions may be offered on terms and conditions different from single resident subscribers. A grantee may petition the city for a waiver of this requirement, such waiver to be granted for good cause shown. (Ord. 5531 § 2, 2004.)

5.30.130 Annexations and incorporations.

A. In the event that subsequent to the issuance of a franchise the city annexes additional territory, a grantee shall, consistent with its obligations under a franchise, extend its cable communications services into the annexed area upon request of the city.

B. In the event that a grantee already provides cable communications services in the annexed area, the grantee shall, within 60 days of receipt of a written notice of the effective date of an annexation or incorporation, update all records to assure proper payment of franchise fees to the city for the annexed franchise area. (Ord. 5531 § 2, 2004.)

5.30.140 Force majeure.

In the event the grantee’s performance of any of the terms and conditions or obligations required by this chapter is prevented by a cause or event not within the grantee’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that shall not relieve a grantee from its general obligations to provide pro rata credits or rebates for interruptions in service. For the purpose of this section, causes or events not within the control of the grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform or failure of the grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the grantee, or the failure of the grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable communications system where the grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. (Ord. 5531 § 2, 2004.)

5.30.150 Publication costs.

A grantee shall be responsible for all costs of publication of its franchise and any amendments thereto. Such costs shall include, but are not limited to, the cost of publication in any newspaper. (Ord. 5531 § 2, 2004.)

5.30.160 Filing of applications.

Applications for a franchise will be considered pursuant to the procedures set forth in BCC 5.30.170. For good cause the city council may elect to waive any requirement set forth in BCC 5.30.170, unless otherwise required by applicable law.

A. An application may be filed at any time or pursuant to a request for proposals (RFP) issued by the city.

B. The city may request additional information from an applicant for a franchise at any time. (Ord. 5531 § 2, 2004.)

5.30.170 Content of applications.

All applications to construct, operate, or maintain any cable system in the incorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere shall be filed with the director of transportation or his or her designee. An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. To be acceptable for filing, an original and two copies of the application must be submitted and be accompanied by the application filing fee where required. Each application for an initial franchise shall set forth the following:

B. A detailed statement of the corporate or other business organization of the applicant, including but not limited to the following:

1. The names, business addresses, and state of residence of all general partners and corporate officers of the applicant.

2. The names, business addresses, and state of residence of all persons owning or controlling five percent or more of the stock, partnership shares, or assets of the applicant and the respective ownership share of each such person.

3. The names and addresses of any parent corporation, parent entity, or holding company that owns or, by ownership of other entities, controls the applicant.

4. The names and addresses of any business entities owned or controlled by the applicant, including, but not limited to, SMATV or cable operations.

5. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the city, setting forth a clear statement of its intent to provide the capital required to construct and operate the proposed system. If the corporate or business entity organization of the applicant has not been in existence for a full five years, the applicant shall submit a certified financial statement for the period of its existence.

6. A detailed description of all previous experience of the applicant in providing cable services or related or similar services which includes a statement identifying, by place and date, all other cable television licenses or franchises awarded to the applicant, its parent or subsidiary, the status of the licenses or franchises with respect to completion, the total cost of completion of such systems, and the amount of applicant’s and its parent’s or subsidiary’s resources committed to such systems.

7. An indication of whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a cable license or franchise revoked, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances.

C. A detailed financial plan describing, for the first five years of the franchise, projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds and schedule of all capital additions.

D. A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:

1. A detailed map indicating all areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served, a description of the construction of the proposed system including an estimate of the above and below ground mileage and the projected total cost for construction of the system.

2. For informational purposes, a statement or schedule setting forth all proposed initial classifications of rates and charges to be made against subscribers and all rates and charges for each classification, including installation charges, service charges or other charges. The purchase price, terms, and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail.

3. A detailed statement describing the physical facility proposed, including channel capacity, technical design, the actual equipment, and the operational and technical standards proposed by the applicant.

4. A description of the services to be provided initially, including the broad categories of programming and all broadcast and nonbroadcast signals to be carried and all nontelevision services to be delivered over the cable system, and if services will be offered by tiers, identification of the signals and/or services to be included on each tier.

5. A description of how the proposed system will reasonably meet the future cable-related needs and interests of the community, including how the proposed system will meet the needs described in any recent community needs assessment conducted by or for the city.

E. Any other information reasonably requested by the city which is deemed necessary to evaluate the technical, financial and legal qualifications of the applicant or which could materially affect the granting of the franchise.

F. The city at its discretion may decide to accept less than the documentation above if it can establish through other sources that the applicant can meet the technical, financial and legal qualifications and that the applicant is competent to operate a cable communications system. (Ord. 5531 § 2, 2004.)

5.30.180 Franchise renewals.

Nothing in this section shall authorize the city to impose burdens or apply standards on the applicant beyond those permitted by federal law. (Ord. 5531 § 2, 2004.)

5.30.190 Application fee and costs.

A. Unless prohibited by applicable law, each application for new franchise; the renewal of an existing franchise; any sale, assignment, merger, transfer or change of control; or any request for modification of or any other relief from the duties and obligations of a franchise shall be accompanied by a nonrefundable minimum filing fee of $5,000. This minimum filing fee is intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 U.S.C. Section 542(g)(2)(D).

B. Unless prohibited by applicable law, where the city’s actual out-of-pocket costs in considering the application exceed the $5,000 minimum application filing fee, such costs shall be paid by the applicant. The city will bill for out-of-pocket costs on a quarterly basis with payment terms of 30 calendar days. If invoices are not paid within the 30 days, the applicant shall be charged and shall pay interest at the rate of 12 percent per annum of the amount of the unpaid or underpaid costs; provided, however, that such rate does not exceed the maximum amount allowed under applicable law. The invoice will provide the method of calculation, documentation and total amounts due less the original credit of the $5,000 filing fee. The city will submit the final invoice within 30 calendar days from the date of the approval or denial of the franchise by the city council. These out-of-pocket costs are intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 U.S.C. Section 542(g)(2)(D). (Ord. 5531 § 2, 2004.)

5.30.200 Consideration of applications.

A. The city will consider each application for a new or renewed franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable RFP. In evaluating an application the city will consider, among other things, the applicant’s past service and safety record in the city and in other communities, the nature of the proposed facilities and services, proposed area of service, proposed rates, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the city. The city may elect to undertake an assessment of future cable-related community needs and interests, and may require that the applicant’s proposal be responsive thereto.

B. If the city determines that an applicant’s proposal for a new franchise, including the proposed service area, would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the city. No franchise shall be deemed granted unless and until a franchise agreement acceptable to the parties has been executed. The franchise agreement will constitute a contract, freely entered into, between the city and the grantee. Said franchise agreement shall be subject to the provisions of this chapter as enforced at the time the franchise is issued, and subsequent amendments as they are consistent with the franchise agreement. Any such franchise must be approved by resolution or ordinance of the city council in accordance with applicable law.

C. Where the application is for a renewed franchise, the city shall consider whether:

1. The applicant has substantially complied with the material terms of the existing franchise and with applicable law;

2. The quality of the applicant’s service, including signal quality, response to subscriber complaints, and billing practices (but without regard to the mix or quality of cable television services or other services provided over the system), has been reasonable in light of community needs;

3. The applicant’s use or occupation of the right-of-way presents an unreasonable or unacceptable risk to public health, safety or welfare and whether the applicant’s construction, installation, operation or maintenance practices for the cable communications system are or have been conducted in an unsafe or dangerous manner;

4. The applicant has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the application; and

5. The applicant’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

D. In the course of considering an application for a renewed franchise, the city council shall adhere to all requirements of applicable federal law. The public shall be afforded appropriate notice and opportunity to participate in any proceedings undertaken by the city for the purpose of identifying future cable-related community needs and interests, reviewing the applicant’s performance during any existing franchise term, and evaluating the application. In the event the city makes a preliminary assessment that the franchise should not be renewed, the city or the city’s hearing body shall hold a public hearing or hearings, in which the grantee seeking renewal shall be afforded a fair opportunity for full participation, including the right to testify, to require the production of and to introduce evidence, and to question witnesses. Notice of any such public hearing shall, at least 10 days before the date of the hearing, be published in a local newspaper of general circulation in the city and be sent by certified mail to each applicant to be considered. A transcript shall be made of such hearing. Within a reasonable time following the conclusion of such hearing, the council shall issue a written decision granting or denying the proposal for renewal based on the record of such proceeding and stating the reasons therefor. The city shall transmit a copy of said decision to the applicant. If the proposal is granted, the parties shall proceed to negotiate the terms and conditions of a renewed franchise, based on said proposal. Any denial of an application for a renewed franchise shall be based on one or more adverse findings made with respect to the factors described in subsection (A) of this section, pursuant to the requirements of then applicable federal law. Neither grantee nor the city shall be deemed to have waived any right it may have under federal or state law by participating in a proceeding pursuant to this subsection. (Ord. 5531 § 2, 2004.)

5.30.210 Acceptance.

A franchise and its terms and conditions shall be accepted by written instrument, in a form acceptable to the city clerk, and shall be executed and filed with the city within 30 days after the granting of the franchise by the city. In its acceptance, a grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions of this chapter and the franchise and agrees to abide by same. In accepting a franchise a grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it had the assistance of counsel, that it was not induced to accept a franchise, and that it accepts all reasonable risks related to the interpretation of the franchise. (Ord. 5531 § 2, 2004.)

5.30.220 Franchise fee.

A. In consideration of the costs which must be incurred by the city in regulating the franchise and for the use of the public right-of-way for the construction and operation of a cable system, grantee shall pay quarterly the amount set forth in the franchise agreement as a percent of the grantee’s gross revenues. Payment shall be payable to the city of Bellevue treasurer and shall be submitted to the city treasurer.

B. Payment shall be received within 45 days of the close of the grantee’s calendar or tax quarter for which revenue was received. Payment shall be accompanied by a report showing the basis of the computation and any relevant information that may be reasonably requested by the treasurer or required in the franchise agreement.

C. In the event that any franchise payment is not received by the city on or before the applicable date due, interest shall be charged from such date at the rate of 12 percent per annum, or the statutory rate for judgments, whichever is less.

D. In addition, if any payment due is not paid by the due date, the city shall add a penalty of five percent of the amount due; and if the payment is not received on or before the last day of the month following the due date, the city shall add a total penalty of 10 percent of the amount due; and if the payment is not received on or before the last day of the second month following the due date, the city shall add a total penalty of 20 percent of the amount due.

E. If the FCC, federal law or other legislative body with appropriate authority or court of competent jurisdiction changes the maximum franchise fee, the city’s franchise fee shall change accordingly upon city council approval.

F. In the event a franchise is revoked or otherwise terminated prior to its expiration date, a grantee shall file with the city, within 90 days of the date of revocation or termination, a verified or, if available, an audited financial statement showing the gross revenues received by the grantee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or termination.

G. Nothing in this chapter shall limit the city’s authority to tax a grantee, or to collect any fee or charge permitted by law, and no immunity from any such obligations shall attach to a grantee by virtue of this chapter.

H. No acceptance of any payment by the city shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of the grantee. (Ord. 5531 § 2, 2004.)

5.30.230 Periodic audit.

A. Upon 30 days’ written notice from the city, the city shall have the right to inspect, examine or audit grantee’s records that are necessary to verify that the grantee or any affiliate(s) has paid the correct amount with respect to the grantee’s payment of franchise fees consistent with the franchise agreement, and applicable federal and state law.

B. Grantee shall keep and preserve, for a period of three calendar years plus the current calendar year, all records necessary to determine the amount of franchise fee owed the city. A transferor, in the event of a transfer, or a grantee of a franchise that has terminated shall retain such records for three calendar years after the effective date of the transaction or date of termination.

C. If the city’s audit determines that there is a material underpayment of three percent or more then the grantee shall bear the cost of such audit. Any underpayment determined by the audit shall be considered late and such payment shall be subject to the interest and penalty provisions described above in BCC 5.30.220(C) and (D).

D. In the event of any overpayment of franchise fees to the city, the grantee may file a claim with the city. (Ord. 5531 § 2, 2004.)

5.30.240 Reports.

To facilitate timely and effective enforcement of this chapter and any franchise and to develop a record for purposes of determining whether to renew any franchise, the city shall require reports as specified in this section.

A. Quarterly. Unless otherwise set forth in a franchise agreement, the grantee shall submit reports to the city quarterly. The quarterly reports shall be submitted according to the following schedule: January – March reports due May 15th; April – June reports due August 15th; July – September reports due November 15th, and October – December reports due February 15th of each year. The report shall include, but not be limited to:

1. Telephone reports indicating the number of calls received, number of calls abandoned, percentage of calls receiving a busy signal, average length of time each caller waits before speaking directly to a customer service representative, and number of calls answered by a customer service representative within 30 seconds;

2. The number of total standard installations performed, the number of standard installations performed within seven days, the number of service interruptions reported, the number of service interruptions responded to within 24 hours, the number of other service problems reported, the number of other service problems responded to within 24 hours, and all other information necessary to monitor the grantee’s compliance with the subscriber standards of this chapter;

3. Unless otherwise set forth in the franchise agreement, the city may specify the form and details of all reports, with grantee given an opportunity to comment in advance upon such forms and details. The city may change the filing dates for reports upon reasonable request of a grantee.

B. Annually. In addition to the above, unless otherwise set forth in a franchise agreement, the grantee shall file the following information with the quarterly report due May 15th of each year:

1. An accurate accounting statement of all gross revenue amounts for the city franchise area for the preceding year ending December 31st. Such statement shall be verified by an officer of the grantee and shall certify that the information provided therein is complete and accurate. If reasonably deemed necessary by the city, it may request additional financial information reviewed or prepared by an independent auditor.

2. Operating statistics for the preceding year ending December 31st for the city franchise area, including: aerial and underground plant miles, homes passed, basic subscribers (including residential, bulk, and commercial accounts with notation indicating if these statistics are equivalent basic units), pay or premium units by pay service, digital subscribers, Internet service subscribers and telephone service subscribers.

3. A current copy of the subscriber service agreement, a current list of all rates, charges and available services, a current channel list, a copy of all the grantee’s published rules and regulations applicable to subscribers and users of the cable system, and a summary of the grantee’s hours of operation.

4. Information reasonably requested by the city for the purpose of enforcing any consumer protection and customer service requirements applicable to grantees, including an annual summary of complaints by subscribers and users, identifying the number and nature of complaints and their disposition.

5. For information purposes only, a copy of updated route or strand maps depicting the approximate location of all cable communications equipment and facilities within the franchise area.

6. A copy of the final report on each proof of performance test of each technical parameter defined in Part 76 of the rules and regulations of the FCC, as said rules may be modified from time to time. A grantee shall continue to conduct such tests at least once each calendar year and shall provide a copy of each final report to the city and shall maintain the resulting test data on file at its local office for at least five years. The city subsequently may require a full report on any deficiencies as disclosed by the proof of performance test within such reasonable period of time as it may designate. Additional tests shall be performed on terms agreed between the city and the grantee.

7. Any additional information related to the operation of the cable communications system as reasonably requested by the city based on demonstrated legitimate need.

8. Unless otherwise set forth in the franchise agreement, the city may specify the form and details of all reports, with grantee given an opportunity to comment in advance upon such forms and details. The city may change the filing dates for reports upon reasonable request of a grantee. (Ord. 5531 § 2, 2004.)

5.30.250 Books and records.

The city shall have access, at all reasonable hours, to books, records, maps, plans, contracts, engineering, accounting, financial, statistical, subscriber and service records relating to the property and operation of the grantee’s cable communication system in the franchise area and to such other records as may be required by the city to perform its regulatory responsibilities under this chapter and any franchise issued pursuant hereto. Such records shall be made available upon reasonable notice at the grantee’s local office. If the grantee shall fail to obtain books or records not kept in the local office, and if the city shall determine that an examination of such records is necessary or appropriate to the performance of any of the city’s duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee. The city shall have the right to inspect and audit such records as it deems appropriate for the proper administration of this chapter or any franchise issued pursuant to this chapter. (Ord. 5531 § 2, 2004.)

5.30.260 Filings.

Grantee shall promptly mail or deliver to the city a copy of any filing made with state and/or federal agencies that may materially affect the ability of a grantee to perform its obligations under this chapter or any franchise issued pursuant to this chapter. “Filings” shall include, but shall not be limited to, replies to notices of violations and responses to letters of inquiry. (Ord. 5531 § 2, 2004.)

5.30.270 Permanent franchise performance and payment bond.

The grantee shall, within 30 days of the effective date of any franchise granted under this chapter or within 30 days of the granting of a renewal or the transfer of a franchise, furnish to the city a franchise performance bond. The franchise performance bond amount shall be based on the number of total homes passed by the cable system in the following amounts:


0 to 5,000 homes passed	$50,000
5,001 to 10,000 homes passed	$100,000
10,001 to 20,000 homes passed	$150,000
20,001 to 35,000 homes passed	$350,000
35,001 and up homes passed	$500,000

The franchise performance bond shall be used to guarantee compliance with the terms and conditions of the franchise and payment of all sums which may become due to the city under this chapter or franchise issued pursuant hereto. The franchise performance bond shall be maintained in the full amount specified in the franchise, throughout the term of the franchise and for one year after the franchise expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this chapter.

This section in no way impairs the city’s ability to require bonds in accordance with Chapter 14.30 BCC as from time to time amended. (Ord. 5531 § 2, 2004.)

5.30.280 Letter of credit.

A. In the event that a letter of credit is required pursuant to the franchise agreement, a grantee shall deposit with the city a letter of credit from a financial institution chosen by the grantee and reasonably approved by the city in the amount set by the city. The letter of credit may be replaced by the grantee, but may not otherwise be revoked or terminated during the term of a franchise plus an additional 60 days except with written approval of the city. The letter of credit shall be used to ensure the faithful performance by a grantee of all provisions of the franchise and this chapter, compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the city having jurisdiction over its acts or default under the license, and the payment by the grantee of any fees, costs, claims, liens, liquidated damages, and taxes due the city which arise by reason of the construction, operation, or maintenance of the system, or breach or termination of a franchise.

B. The letter of credit shall contain an endorsement that provides that the letter of credit may not be canceled by the surety nor the intention not to renew be stated by the surety until 60 days after receipt by the city clerk, by certified mail, of a written notice of such intention to cancel or not to renew.

C. At its option, the city may draw against the letter of credit for any unpaid liquidated damages, penalties, franchise fees or other amounts owing to it under a franchise which are 30 days or more past due.

D. The rights reserved to the city with respect to the letter of credit are in addition to all other rights of the city, whether reserved by this chapter or related documents or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the city may have. (Ord. 5531 § 2, 2004.)

5.30.290 Insurance.

Unless otherwise provided in the franchise agreement, upon the granting of a franchise and following simultaneously with the filing of the acceptance of the franchise and at all times during the term of the franchise, including the time for removal of facilities or management by a trustee as provided for herein, the city may require a grantee to obtain, maintain in full force and effect, and, upon request, deliver to the city a certificate of insurance or other written evidence of insurance for the following:

A. A comprehensive commercial or general liability insurance policy or policies, issued by an insurance carrier licensed to do business in the state of Washington and reasonably acceptable to the city. Said policy or policies shall pay on behalf of and defend the city, its officials, boards, commissions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys’ fees and interest arising therefrom) on account of personal injury, bodily injury or death of a person or persons or damages to property occasioned by the operations of a grantee under a franchise herein granted, or alleged to have been so caused or occurred, with a minimum combined single limit of not less than $1,000,000 per occurrence and $5,000,000 in the annual aggregate. The city reserves the right to revise policy limits during the term of the franchise as reasonably necessary to provide adequate coverage.

B. A comprehensive automobile liability insurance policy or policies, issued by an insurance carrier licensed to do business in the state of Washington and reasonably acceptable to the city. Said policy or policies shall pay on behalf of and defend the city, its officials, boards, commissions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys’ fees and interest arising therefrom) for bodily injury and property damage occasioned by any vehicle operation of a grantee, or alleged to have been so caused or occurred, with a minimum liability of not less than $1,000,000 per person and $5,000,000 in any one accident or occurrence. The city reserves the right to revise policy limits during the term of the franchise as reasonably necessary to provide adequate coverage. (Ord. 5531 § 2, 2004.)

5.30.300 Acceptability and cancellation of surety.

All bonds, insurance policies, letters of credit or other surety devices called for herein shall be in a form satisfactory to the city’s risk manager or other city official as designated by the city manager. The city may require that a grantee provide additional surety devices or replace existing bonds, insurance policies or letters of credit with new surety devices approved by the city. No grantee shall permit any bond, policy or letter of credit to expire and a grantee, not less than 30 days prior to its expiration, shall deliver to the city a substitute, renewal or replacement bond, policy or letter of credit conforming with the provisions of this chapter. (Ord. 5531 § 2, 2004.)

5.30.310 Indemnification.

A grantee shall, at its sole cost and expense, indemnify, defend and hold harmless the city, its officials, boards, commissions, agents and employees against any and all damages, costs, expenses, losses, taxes, claims, suits, causes of action, proceedings, liabilities and judgments (collectively the “indemnified liabilities”) arising out of the operation and construction of the cable communications system under a franchise, including the use, generation, transportation, storage, treatment or disposal of any hazardous or dangerous substances, wastes, or materials, except that no such requirement shall apply where such indemnified liabilities are occasioned solely by the negligence or intentional misconduct of the city or its officials, boards, commissions, agents and employees while acting on behalf of the city. These indemnified liabilities shall include, but not be limited to, the cost of any required or necessary repair, cleanup, or detoxification, natural resource damage claims, and any penalties arising out of copyright infringements and damages arising out of any failure by a grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee’s cable communications system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs, attorneys’, and accountants’ fees, and shall also include the reasonable value of any services rendered and separately billed by the office of the city attorney or any outside consultants employed by the city. (Ord. 5531 § 2, 2004.)

5.30.320 Liquidated damages.

Because a grantee’s failure to comply with the provisions of this chapter and its franchise will result in damage to the city and because it will be impractical to determine the actual amount of such damages, the city and any grantee may agree upon and specify in a franchise certain amounts which represent both parties’ best estimate of the damages. (Ord. 5531 § 2, 2004.)

5.30.330 Civil penalties and additional relief.

A. Any person and the officers, directors, managing agents, or partners of any grantee violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be subject to a civil penalty in the manner and to the extent provided for in Chapter 1.18 BCC. A monetary penalty in an amount not less than $100.00 nor more than $1,000 per day for each day of violation may be assessed and abatement required as provided therein.

B. In addition to any penalty which may be imposed by the city, any person violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be liable for any and all damage to city property or rights-of-way arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.

C. Notwithstanding any other provision in this title, the city may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this title or any franchise issued pursuant thereto when civil or criminal penalties are inadequate to effect compliance.

D. In addition to the penalties set forth in this section, violation of any provision of this title or any franchise issued pursuant thereto may also result in the revocation and termination of any franchise, permit, or other agreement or authorization. (Ord. 5531 § 2, 2004.)

5.30.340 Revocation and termination.

A. In addition to all other rights and powers retained by the city under this chapter and any franchise issued pursuant thereto, the city council reserves the right to revoke and terminate a franchise and all rights and privileges of a grantee in the event of a substantial violation or breach of its terms and conditions. A substantial violation or breach by a grantee shall include, but shall not be limited to, any of the following acts or omissions:

1. An uncured substantial violation of any material provision of this chapter or an uncured breach of any material provision of a franchise issued hereunder, or any material rule, order or regulation of the city made pursuant to its power to protect the public health, safety and welfare;

2. Any default in the performance of any of grantee’s material obligations under any other documents, agreements and other terms and provisions entered into by and between the city and the grantee;

3. An intentional evasion or knowing attempt to evade any material provision of a franchise or practice of any fraud or deceit upon the cable communications system, subscribers or upon the city;

4. Failure to begin or substantially complete any system construction or system extension as set forth in a franchise;

5. Failure to provide the services promised in the application or specified in a franchise, or a reasonable substitute therefor;

6. Any use or occupation of the right-of-way that presents a risk to public health or safety or the construction, installation, operation or maintenance of the cable communications system in an unsafe or dangerous manner;

7. The willful violation of any orders or rulings of any regulatory body having jurisdiction over grantee relative to the franchise;

8. Misrepresentation of material fact in the application for, or during negotiations relating to, a franchise;

9. A continuous and willful pattern of inadequate service or failure to respond to legitimate subscriber complaints;

10. Failure to provide insurance, bonds, letter of credit, or indemnity as required by a franchise or this chapter;

11. An uncured failure to pay franchise fees as required by the franchise agreement.

B. None of the foregoing shall constitute a substantial violation or breach if the grantee is without fault or if the violation or breach occurs as a result of circumstances beyond a grantee’s reasonable control. A grantee shall bear the burden of proof in establishing the existence of such circumstances. However, a grantee’s substantial violation or breach shall not be excused by economic hardship nor by nonfeasance or malfeasance of its directors, officers, employees, agents, or contractors. (Ord. 5531 § 2, 2004.)

5.30.350 Procedures for termination.

A. Any franchise issued pursuant to this chapter may be terminated in accordance with the following procedures:

1. The city manager, or other person designated by the city manager, shall notify the grantee in writing of the exact nature of the alleged substantial violation or breach constituting a ground for termination. Said notice shall provide that the grantee shall have 60 days from the date of receipt of notice to correct and cure such alleged substantial violation or breach or to present facts and argument in refutation of the alleged substantial violation or breach. A copy of said notice of substantial violation or breach shall be mailed to the surety on any performance bond.

2. If a grantee corrects any alleged substantial violation or breach within the 60-day cure period, then in no event shall the violation be weighed against such grantee in any subsequent review of franchise performance.

3. If a grantee does not correct and cure the alleged substantial violation or breach within the 60-day cure period then the city council shall, within 45 days of the last day of the 60-day cure period, designate the hearing examiner as the hearing officer to conduct a public hearing to determine if the revocation and termination of the franchise is warranted and to make a recommendation to the city council. That recommendation shall be transmitted to the city council for final action on a closed record. The city council shall act as the final decisionmaker.

4. At least 20 days prior to the public hearing, the city clerk shall issue a public hearing notice and order that shall establish the issue(s) to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the city shall hear any persons interested therein; and provide that the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses.

5. The hearing examiner shall hear testimony, take evidence, hear oral argument and receive written briefs. The hearing examiner shall create for the city council a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording.

6. The grantee carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that there is not an uncured substantial violation or breach or that the substantial violation or breach is a result of circumstances beyond a grantee’s reasonable control.

7. Within 10 working days after the close of the record, the hearing examiner shall issue a written decision that shall include the recommendation of the hearing examiner on the revocation and termination of the grantee’s franchise; findings of facts upon which the recommendation is based, and the conclusions derived from those facts.

B. The city council shall, at a public meeting, consider and take final action on the recommendation of the hearing examiner. The city council shall not accept new information, written or oral, but shall consider the complete record developed before the hearing examiner and the recommendation of the hearing examiner.

C. At the public meeting the city council shall either:

1. Accept the recommendation of the hearing examiner; or

2. Reject the recommendation of the hearing examiner; or

3. Remand the decision to the hearing examiner and the director for an additional hearing limited to specific issues identified by the council.

D. The city council shall adopt an ordinance which accepts or rejects the recommendation of the hearing examiner by a majority vote of the membership of the council. If the action by the city council will result in the revocation and termination of a grantee’s franchise then the ordinance shall declare that the franchise of such grantee shall be revoked and terminated, any security fund or bonds are forfeited, and shall include findings of fact and conclusions derived from those facts which support the decision of the council. The city council may by reference adopt some or all of the findings and conclusions of the hearing examiner. (Ord. 5531 § 2, 2004.)

5.30.360 Foreclosure.

Upon the foreclosure or other judicial sale of all or a substantial part of the cable communications system facilities, or upon the termination of any lease covering all or a substantial part of the cable communications system, or upon the occasion of additional events which effectively cause termination of the system’s operation, a grantee shall notify the city of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the grantee has taken place, and the provisions of this chapter governing the consent of the city to such change in control of the grantee shall apply. (Ord. 5531 § 2, 2004.)

5.30.370 Receivership.

A. The city shall have the right to cancel a franchise 120 days after the appointment of a receiver or trustee to take over and conduct the business of a grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless:

1. Within 120 days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this chapter and a franchise and remedied any defaults thereunder; and

2. Within said 120 days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and a franchise granted to the grantee except where expressly prohibited by Washington law.

B. A grantee shall immediately notify the city in writing if it:

1. Files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors;

2. Files an answer admitting the jurisdiction of the court and the material allegations of an involuntary petition filed pursuant to the Bankruptcy Code, as amended; or

3. Is adjudicated bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any part of its cable system. (Ord. 5531 § 2, 2004.)

5.30.380 Purchase or transfer of cable system required by city.

A. Unless otherwise set forth in the franchise agreement, and in the event the city decides not to renew an expiring franchise, the city shall have the right to purchase or effect a transfer to another person of ownership in the cable system at its fair market value; except no value shall be assigned to the franchise itself.

B. In the event the city revokes, forfeits or terminates a franchise for cause, it shall have the right to purchase or effect a transfer to another person of ownership in the cable system for an equitable price. An equitable price takes into account the nature of a grantee’s breach or malfeasance and the resulting harm to the community; it is not based on fair market value or going concern value.

C. In the event the parties are unable to agree upon a price pursuant to subsections (A) or (B) of this section, whichever is applicable, said price shall be fixed and determined through an action brought by either party in a Washington State court of competent jurisdiction in King County or the U.S. District Court for the Western District of Washington, unless the parties agree to a different method of determining the appropriate price. (Ord. 5531 § 2, 2004.)

5.30.390 Removal of cable communications system.

Upon termination or nonrenewal of a franchise as provided herein, a grantee shall forthwith, upon notice by the city, vacate and remove at its own expense all designated portions of the cable communications system from all streets and public ways within the city and shall restore said streets and public ways to their former condition; provided, however, a grantee shall have the right to sell its physical plant to a subsequent grantee or the city, subject to city approval, in which case said plant need not be removed. If a grantee fails to remove its facilities upon request, the city may perform the work at the grantee’s expense. The requirements of this section shall not apply to underground cable that has been de-energized and for which an accurate map (“as built”) has been provided to the city describing in detail the location of such cable; except that the city may continue, in its sole discretion, to require removal where necessary to avoid congestion or, at its option, remove such cable. (Ord. 5531 § 2, 2004.)

5.30.400 Transfer of ownership or control.

A. A franchise issued pursuant to this chapter and any cable communication system operated pursuant thereto shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, or otherwise hypothecated in any manner, nor shall title thereto, either legal or equitable, control thereof, or any right, interest, or property therein pass to or vest in any person or entity, nor shall the controlling interest in any corporation holding a franchise hereunder be changed in a manner reasonably anticipated to diminish substantially grantee’s ability or likelihood of performing its obligations under the franchise, without the prior consent of the council, such consent not to be unreasonably withheld, or only under such conditions as may be required by the council; provided, however, such transfer of control shall not include transfer to a parent, subsidiary, or affiliate of a grantee, except when such transfer is intended to avoid application of this section. Every type of sale, assignment change, transfer, or acquisition of control of a franchise issued pursuant to this chapter and any cable communication system operated pursuant thereto shall make a franchise subject to cancellation unless and until the city shall have consented. Such consent shall not be unreasonably withheld.

B. A grantee shall promptly notify the city of any proposed sale, assignment, transfer or lease or any merger, consolidation, or change in control. A formal application for approval of a proposed sale, assignment, transfer or lease or any merger, consolidation, or change in control shall be filed within 30 days of such notification. The application shall include, among other things, a copy of any and all documents relating to the transaction, and any filings by any party to the transaction at any state or federal agency including, but not limited to, the FCC, the Department of Justice, the Federal Trade Commission, and the Securities and Exchange Commission. An original of the text of the application shall be filed with the city.

C. The provisions of this chapter governing applications for new franchises shall apply to any proposed sale, assignment, transfer or lease or any merger, consolidation, or change in control. For the purpose of determining whether it shall consent to such sale, assignment, transfer, lease or change of control, the city may inquire into all qualifications of the prospective controlling party, and a grantee shall assist the city in any such inquiry. The city may require any reasonable conditions which it deems necessary at the time of review to ensure that the proposed cable system purchase will satisfy the public interest of the city and its citizens for the balance of the term of the franchise, including the commitment from the prospective controlling party to assume responsibility for any past violation or failure to comply with any of the provisions of this title or any franchise issued pursuant thereto and the duty and obligation to cure the same.

D. The city shall act within 120 days of receipt of a completed application. The proposed purchaser, transferee, or assignee or any person or entity assuming controlling interest in a change of control must show that it has the financial, legal and technical ability as determined by the city to provide the services, facilities, and equipment as set forth in this chapter or any franchise issued pursuant thereto and must agree to comply with all provisions of any franchise, including any provisions which the city may amend or add prior to approval of the transfer.

E. Nothing in this provision shall preclude a grantee from pledging, mortgaging, or hypothecating its interests to a recognized financial institution to secure borrowed funds. Said institution may foreclose on, hold, sell, assign or transfer such interests, but only to the extent that the mortgagee, pledgee, assignee, or transferee undertakes to assume, and has the ability to perform, all of grantee’s obligations under the franchise agreement and this chapter; and provided further, that said mortgage, pledge, sale or assignment shall not relieve grantee of any obligations under the franchise agreement or this chapter. (Ord. 5531 § 2, 2004.)

5.30.410 Continuity of service.

A. Where a grantee rebuilds or modifies its system, it shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances, unless otherwise authorized by an authorized representative of the city; provided, however, that a grantee may interrupt service to any subscriber for periods of up to 72 hours during a rebuild or upgrade of the cable system without the approval of an authorized representative of the city, as long as every subscriber to be affected receives five days’ prior written notice.

B. So long as it receives revenues from the operation of the cable system, a grantee shall maintain continuity of service during any temporary transition in the franchise. As used in this chapter, a “temporary transition in a franchise” or a “transitional period” shall include but not be limited to the following circumstances:

1. Revocation of the franchise;

2. Nonrenewal of the franchise;

3. Transfer of the cable system to the city or another entity; or

4. Temporary extensions of the term of the franchise during negotiation for any revisions, amendments or extensions thereof. (Ord. 5531 § 2, 2004.)

5.30.420 Transitional operation.

In the event a grantee continues to operate the system in a transitional period, with city consent, and subject to such conditions as the city may impose, it shall be bound by all the terms, conditions and obligations of the franchise as if it were in full force and effect. A terminating grantee shall cooperate with the city and any subsequent grantee in maintaining and transferring service responsibility. The city has the right to operate a system if a grantee abandons the system or fails to use the system. (Ord. 5531 § 2, 2004.)

5.30.430 Subscriber fees and rates.

A. The city reserves the right to regulate rates for any service within the limits of federal and state law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement.

B. Rates shall be just and reasonable and shall comply with applicable law. A grantee shall not discriminate against or give any undue or unreasonable preference or advantage in rates to any cable subscriber or class of cable subscribers including those who only subscribe to cable services offered by the grantee in favor of subscribers who subscribe to cable services and one or more other types of service(s) the grantee might offer.

C. Rates and charges not subject to regulation by the city under state or federal law or regulation may be changed by a grantee following a minimum 30 days’ prior written notice to the city and each subscriber. (Ord. 5531 § 2, 2004.)

5.30.440 Performance evaluation.

A. The city may conduct periodic performance evaluations of a grantee. A grantee shall cooperate with these evaluations. If the city implements a survey of cable subscribers in connection with a performance evaluation, the city may require a grantee to distribute the city’s questionnaire to its subscribers at the grantee’s expense. Upon request and upon reimbursement of city copying charges, the grantee may receive copies of all individual responses to the survey.

B. At the conclusion of the evaluation, the city shall issue a report of the results of any performance evaluation together with, if necessary, any recommendations for methods to improve a grantee’s performance under the franchise or this chapter. Such report and recommendations shall be delivered and provided to grantee at no charge. (Ord. 5531 § 2, 2004.)

5.30.450 Parental control.

A. A grantee shall provide subscriber controlled “lock-out” devices (audio and visual) by which the subscriber can prohibit viewing of a particular cable service during the period selected by that subscriber. A grantee shall notify all subscribers in writing of the availability of these devices at the time of initial connection, and at least annually thereafter.

B. Upon request, a grantee shall, without charge, fully scramble or otherwise block the audio and video of a channel so that a nonsubscriber does not receive even a partially viewable or audible signal.

C. To the extent required by federal law, if a grantee plans to provide a premium channel without charge to a subscriber who does not subscribe to such premium channel, the grantee shall provide at least 30 days’ prior written notice thereof to said subscriber, and upon the subscriber’s request, shall block entirely the subscriber’s reception of said channel. For purposes of this section, a “premium channel” shall mean any pay service offered on a per channel or per program basis, including those which offer movies rated by the Motion Picture Association as X, NC-17, or R and other programming designed to be viewed by adults with a TV Parental Guidelines rating of TV-M. (Ord. 5531 § 2, 2004.)

5.30.460 Cable subscriber service standards.

A grantee will first resolve subscriber inquiries and complaints without delay and without involvement of the city. Where a given complaint is not addressed by the grantee to the subscriber’s satisfaction, the city may intervene.

These standards are intended to be of general application. A grantee is free to exceed these standards to the benefit of its subscribers. However, the grantee shall be relieved of obligations hereunder if it is unable to perform due to a force majeure event affecting a significant portion of the franchise area.

A. Availability and Accessibility.

1. In Person. The grantee must maintain, at a minimum, one customer service location located in the city. This customer service location shall at all times allow subscribers to make payments, return equipment or get assistance from a customer service representative or other knowledgeable staff. The customer service center shall be open Monday through Saturday, excluding legal holidays, with sufficient hours necessary to meet subscriber demand. However, the above requirement will be met if the grantee provides at least one full service customer service center, conveniently located on the Eastside, that is staffed to meet all customer needs with on-site customer service representatives (CSRs) offering the following services to subscribers: payments (including the ability to provide change and transaction receipts), equipment exchange, processing of change of service requests, and response to subscriber inquiries and requests.

2. On the Telephone.

a. A CSR will be available to respond to subscriber inquiries during normal business hours. The grantee shall maintain local or toll free telephone access lines that shall be available during normal business hours for service/repair requests and billing inquiries.

b. The grantee shall retain sufficient CSR and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered within 30 seconds or less, and that any transfers are made within 30 seconds. During normal operating conditions the subscriber should be able to speak with a CSR within five minutes. These standards shall be met no less than 90 percent of the time, measured on a quarterly basis under normal operating conditions.

c. The total number of calls receiving busy signals shall not exceed three percent of the total telephone calls. This standard shall be met 90 percent or more of the time measured on a quarterly basis under normal operating conditions.

B. Responsiveness.

1. Seven-Day Standard Installation and Service. The grantee shall complete all standard installations and service repairs requested by a subscriber within seven business days after an order has been placed, unless otherwise requested by the subscriber. This standard must be met 95 percent of the time under normal operating conditions as measured on a quarterly basis. If the subscriber requests a nonstandard installation, or the grantee determines that a nonstandard installation is required, the grantee shall provide the subscriber in advance with a total installation cost estimate and an estimated date of completion.

2. Under normal operating conditions all temporary cable drops shall be converted to a permanent drop within no more than three calendar weeks from the initial installation or at a time mutually agreed upon between the grantee and subscriber.

3. Residential Installation and Service Appointments. Subscribers requesting installation of cable service or repair service to an existing installation may choose any available four-hour block of time for the installation appointment during normal business hours.

4. The grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time. If the subscriber is absent when the technician arrives, the technician shall verify the appointment with his/her dispatcher by telephone while at the subscriber’s door and leave written notification of timely arrival. A copy of that notification shall be kept by the grantee. In the event that a technician arrives without a prior appointment, and the subscriber must be present for service to proceed, and the subscriber is absent, it shall not be deemed that the grantee has responded to a request for service.

5. If a grantee representative fails to keep an installation or service appointment for any reason, the grantee will contact the subscriber before the end of the scheduled appointment and reschedule the appointment at a time convenient for the subscriber.

6. The grantee shall respond in writing or by telephone to a written inquiry, complaint, general question or comment within one week of the date of receipt of the letter. The grantee shall respond to a subscriber’s inquiry, complaint, general question, or comment made by telephone or e-mail within 48 hours.

7. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall make best efforts to contact the subscriber within four hours of initial contact and resolve the problem within 48 hours or within such other time frame as is acceptable to the subscriber and the grantee.

C. Reception and Outages.

1. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that the grantee anticipates will last more than four hours shall be preceded by at least 24 but not more than 72 hours’ written notice to affected subscribers, and shall occur during periods of minimum use of the system as reasonably determined by the grantee.

2. If a subscriber experiences poor signal quality or interruptions attributable to the grantee’s equipment, the grantee shall respond and repair the problem no later than the day following the subscriber’s call; provided, that the subscriber is available or at such later time as is convenient to the subscriber. If an appointment is necessary, the subscriber may choose a four-hour block of time during normal business hours. At the subscriber’s request, the grantee shall repair the problem at a later time convenient to the subscriber.

3. Upon receipt of the first phone call reporting a service outage, the grantee must proactively investigate whether this is a single-home outage or multiple-customer outages.

4. If the outage affects multiple customers, the grantee shall initiate repairs within two hours, under normal operating conditions. The grantee shall initiate repairs to all other service interruptions resulting from grantee equipment failure within 24 hours.

5. A grantee shall initiate repairs to subscriber-reported outages and service interruptions, for any cause beyond the control of the grantee, within 24 hours after the conditions beyond its control have been corrected.

6. When a subscriber contacts the grantee to report that the subscriber has been affected by an outage or service interruption, then the subscriber shall receive a credit, or such other compensation as the grantee and the subscriber shall mutually agree, for the appropriate portion of the day(s) for which the subscriber was without service. The subscriber is not required to specifically request a credit. Notice of the availability of credits and the appropriate contact phone number(s) shall be displayed on the monthly bill of all subscribers in the franchise area.

7. The grantee will track and record all outages that occur within the franchise area that affect two or more homes.

8. The grantee shall notify the city the next business day of any outage of at least one continuous hour that affects at least 100 or more of its subscribers.

D. Billings, Credits, Refunds, and Deposits.

1. The grantee shall provide a clear and concise bill every month.

2. If a subscriber requests disconnection of any or all services, billing for affected services shall end on the same day as the request, or on the future date for which the disconnect is ordered. However, subscriber may continue to be billed for equipment until returned to grantee. The grantee shall issue a credit or refund to a subscriber within 30 business days after the close of the billing cycle following the return of the equipment and request for disconnection. If subscriber was required to provide a deposit, that deposit must also be returned with any additional interest accrued from deposit.

E. Treatment of Property Owner’s Property.

1. Trees and shrubs or other landscaping on a subscriber’s property that are damaged by the grantee, or any employee or agent during installation or construction for the subscriber or in the process of serving adjacent structures, shall be restored to their prior condition or replaced. Trees and shrubs on private property shall not be removed without the prior permission of the owner of the property. Removal or trimming of trees and shrubs in the right-of-way will be subject to the terms of the permit.

2. The grantee shall, at its own cost and expense, and in a manner approved by the property owner, repair any damage or restore any private property to as good condition as before the work causing such damage or disturbance was initiated. The grantee shall repair, replace or compensate all property owners for damages resulting from the grantee’s installation, construction, service or repair activities.

3. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the grantee shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided, that in the case of planned construction operations such notice shall be delivered or provided at least 24 hours prior to entry. All work done in the right-of-way shall be subject to time requirements of the permit.

4. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law.

5. For the installation of pedestals or other major construction or installation projects, property owners and property owners adjacent to right-of-way work shall be notified by mail or door hanger notice at least one week in advance. In the case of an emergency, the grantee shall attempt to contact the property owner or legal tenant in person; in the event personal contact is not made, the grantee shall leave a door hanger notice.

6. The grantee shall clean all areas surrounding any work site of debris caused by the grantee’s activities and ensure that all cable materials are disposed of properly.

F. Services for Subscribers with Disabilities.

1. For any subscriber with a disability, the grantee shall at no charge deliver and pick up converters at the subscriber’s home. In the case of malfunctioning equipment, the grantee’s service technician shall provide and install substitute equipment, ensure that it is working properly, and recover the defective equipment for the grantee at that time.

2. The grantee shall provide TDD/TTY service with trained operators who can provide every type of assistance for any hearing-impaired subscriber at no charge.

3. Any subscriber with a disability may request the special services described above by providing the grantee with a letter from the subscriber’s physician stating the need, any other official certification of disability or by making the request to the grantee’s installer or service technician, where the need for the special services can be visually confirmed.

G. Subscriber Information.

1. Upon installation and annually thereafter or at any time the subscriber requests, the grantee shall provide the following information, in clear, concise written form:

a. A written notice of these standards or a summary approved by the city shall be provided to subscribers at installation and annually thereafter.

b. Installation and service maintenance policies, including the subscriber’s responsibilities for equipment.

c. Billing and complaint procedures, including the address and telephone number of the grantee’s offices, the grantee’s policies on deposits, credit balances and returned check charges.

d. Policies concerning protection of subscriber privacy. The grantee shall include a postage-paid self-addressed mail back postcard for opt-out purposes.

e. The availability of parental control/lock-out device and the procedures for channel blocking.

f. Special services for subscribers with disabilities.

g. Days, hours of operation, and locations of service centers.

h. Information on how to contact the city’s franchise administrator including the address, telephone number and e-mail address.

2. A sample of all required notices provided to the subscriber shall be filed concurrently with the city.

3. The grantee shall provide subscribers with written notification of any changes in programming, services or channel positions as soon as possible in writing. Subscribers shall be given a description of the changes, their options for changing services they receive, phone number for questions and effective date. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by the preceding subsection.

4. All officers, agents, and employees of the grantee, its contractors and subcontractors who are in personal contact with subscribers shall have visible identification cards bearing their name and photograph. The grantee shall account for all identification cards at all times.

5. Every vehicle of the grantee used for providing services to subscribers shall be clearly visually identified to the public as working for the grantee.

H. Safety.

1. The grantee shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property.

2. Whenever the grantee receives notice that an unsafe condition exists with respect to its equipment, the grantee shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.

I. Complaint Procedure.

1. The grantee shall establish written procedures for receiving, acting upon, and resolving subscriber complaints, and crediting subscriber accounts in accordance with company policies, and shall publicize such procedures through printed documents at the grantee’s sole expense.

2. The written procedures shall prescribe a simple process by which any subscriber may submit a complaint in person or by telephone, electronic mail or in writing to the grantee regarding an alleged violation of any provision of these subscriber service standards, any terms or conditions of the subscriber’s contract with the grantee, or reasonable business practices.

3. The grantee will make best efforts to resolve subscriber concerns or complaints at the first contact.

4. The grantee shall also notify the subscriber of the subscriber’s right to file a complaint with the city in the event the subscriber is dissatisfied with the grantee’s decision.

5. Complaints to the City. Any subscriber shall be entitled to lodge any complaint directly with the city. The subscriber may lodge the complaint either by calling the city or by filing a written complaint, by letter or in electronic form.

6. If the city decides that further action is warranted, the city may intercede and attempt to help reach a resolution and/or require the grantee address the inquiry within 24 hours, and correct the situation within a reasonable time frame determined in each situation at the city’s sole discretion. In all circumstances, the grantee shall notify the city of the status of the inquiry within 48 hours and any subsequent resolution.

7. The grantee shall maintain, in a manner consistent with the privacy rights of subscriber, an accurate and comprehensive file of (a) complaints regarding the cable system or the grantee’s operation of the cable system, by number and type and their disposition; (b) service requests, identifying the number and nature of the requests and their disposition; (c) service interruptions and their disposition; and (d) subscriber privacy information.

8. Overall Quality of Service. The city may evaluate the overall quality of subscriber service provided by the grantee to subscriber, at its sole discretion, based on the number of subscriber complaints received directly by the city or reported by the grantee in its quarterly reports.

J. Protection of Privacy.

1. Notice to Subscriber Regarding Personally Identifiable Information – Definitions.

a. At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of:

i. The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;

ii. The nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;

iii. The period during which such information will be maintained by the cable operator;

iv. The times and place at which the subscriber may have access to such information in accordance with subsection (J)(4) of this section; and

v. The limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (J)(6) and (7) of this section to enforce such limitations.

In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter.

b. For purposes of this section, other than subsection (J)(7) of this section:

i. The term “personally identifiable information” does not include any record of aggregate data which does not identify particular persons;

ii. The term “other service” includes any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and

iii. The term “cable operator” includes, in addition to persons within the definition of cable operator in 47 U.S.C. Section 522, any person who:

(A) Is owned or controlled by, or under common ownership or control with, a cable operator, and

(B) Provides any wire or radio communications service.

2. Collection of Personally Identifiable Information Using Cable System.

a. Except as provided in subsection (J)(2)(b) of this section, a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.

b. A cable operator may use the cable system to collect such information in order to:

i. Obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or

ii. Detect unauthorized reception of cable communications.

3. Disclosure of Personally Identifiable Information.

a. Except as provided in subsection (J)(2)(b) of this section, a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or cable operator.

b. A cable operator may disclose such information if the disclosure is:

i. Necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber;

ii. Subject to subsection (J)(7) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or

iii. A disclosure of the names and addresses of subscribers to any cable service or other service, if:

(A) The cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and

(B) The disclosure does not reveal, directly or indirectly, the:

(I) Extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or

(II) The nature of any transaction made by the subscriber over the cable system of the cable operator.

4. Subscriber Access to Information. A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.

5. Destruction of Information. A cable operator shall destroy personally identifiable information in a reasonable time but no later than 90 days if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (J)(4) of this section or pursuant to a court order.

6. Civil Action in United States District Court – Damages – Attorney’s Fees and Costs – Nonexclusive Nature of Remedy.

a. Any person aggrieved by any act of a cable operator in violation of this section may bring a civil action in a United States district court.

b. The court may award:

i. Actual damages but not less than liquidated damages computed at the rate of $100.00 a day for each day of violation or $1,000, whichever is higher;

ii. Punitive damages; and

iii. Reasonable attorneys’ fees and other litigation costs reasonably incurred.

c. The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber.

7. Disclosure of Information to Governmental Entity Pursuant to Court Order. A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order:

a. Such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and

b. The subject of the information is afforded the opportunity to appear and contest such entity’s claim. (Ord. 5531 § 2, 2004.)

5.30.470 Additional consumer protection.

The city reserves the authority to take any reasonable action, including amendments to this chapter, to protect consumers of cable communications services. (Ord. 5531 § 2, 2004.)

5.30.480 Technical standards.

A. Cable systems shall be installed and maintained in accordance with the technical standards and specifications established by the FCC, as periodically updated, and all applicable state and local laws and regulations.

B. Any antenna structure used in the cable system shall comply with all construction, marking and lighting requirements of federal, state or local laws and regulations and accepted industry standards.

C. All construction, installation, grounding, and maintenance shall comply with the current versions of the National Electrical Safety Code, the National Electrical Code, and requirements of federal, state or local laws and regulation and accepted industry standards.

D. Systems shall be maintained in such a manner as to prevent signal leakage from the facilities in excess of the limits specified in applicable rules and regulations of the FCC. The grantee may disconnect any person who, in the grantee’s judgment, is contributing to a signal leakage problem. Upon written request from the city, grantee shall provide a copy of the Cumulative Leakage Index (CLI) report for grantee’s cable communications system serving the city franchise area.

E. Underground construction in streets shall be of such quality as to assure continuity of service without the necessity of frequent street or pavement cutting and shall contain a self-sealing device to ensure all such cables against leakage.

F. All cables and wires shall be installed, where possible, parallel with electric and telephone lines.

G. The city reserves the right, in its sole discretion, to impose more stringent standards than those prescribed by the FCC to the extent it seeks and obtains a waiver from the FCC permitting it to do so. (Ord. 5531 § 2, 2004.)

5.30.490 Inspection and performance tests.

A. The city shall have the right, upon reasonable notice, to make such inspections as it shall find necessary to ensure compliance with the technical standards and specifications established by the FCC, as periodically updated, and all applicable state and local laws and regulations.

B. The grantee shall advise the city 10 days prior to the date of all FCC proof of performance tests scheduled so that the city may have an observer present. The grantee shall maintain test points as required by federal law and shall allow the city to have access to those test points upon reasonable notice and at intervals not more frequently than required by federal law, except for good and substantial cause shown.

C. The city may require additional reasonable proof of performance tests not more often than annually and within 90 days of the completion of the construction of a new system or the upgrading or reconstruction or repair of an existing system. In the event that the city requires proof of performance testing under this section, the grantee shall conduct such tests under the standards set forth in Part 76 of the FCC’s Rules and Regulations. The city may observe the testing performed under this section, and may provide a list of locations and/or areas where the tests specified are to be performed. To the extent provided in the franchise, the city shall be entitled to recover from the grantee its costs associated with defining tests and procedures, observation of said tests, and evaluation of test findings. (Ord. 5531 § 2, 2004.)

5.30.500 Standby power.

A grantee shall maintain equipment capable of providing standby power for the headends and transportation and trunk amplifiers as reasonably required in the franchise. The standby power equipment shall engage automatically in the event of a power failure. A grantee shall comply with all safety regulations to prevent standby generators from “back feeding” or otherwise powering the “dead” utility line. (Ord. 5531 § 2, 2004.)

5.30.510 Emergency audio alert system.

To the extent practicable, the cable system shall be engineered, constructed and maintained to provide for an audio alert system which would allow authorized officials or designated representatives of the city to override the audio signal on all channels and to transmit and report emergency information. In the case of any sudden, unforeseen event potentially causing significant damage, destruction, or loss of life, a grantee shall make the audio alert system available without charge to the city or any other governmental or civil defense agency that the city shall designate for the duration of such emergency or disaster. (Ord. 5531 § 2, 2004.)

5.30.520 Construction and installation work.

A. Before commencing any construction in, above, over, across, under, through or in any way connected with the streets or public ways of the city, a grantee shall first obtain a right-of-way use permit from the city. A grantee may commence construction upon issuance of all permits and licenses necessary to do the work.

B. A grantee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. If a grantee fails to comply with this requirement after reasonable notification by the city, the city may cause such work to be stopped or corrected at the grantee’s expense.

C. All construction, installation and maintenance must comply with the National Electrical Safety Code and the Washington State Electrical Construction Code as adopted by the city, all federal, state and local regulations, and good and accepted industry practices. (Ord. 5531 § 2, 2004.)

5.30.530 Location of structures, lines and equipment.

A. A grantee shall utilize existing poles, conduit systems and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduit systems, or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained. Such governmental approval shall not be unreasonably withheld if said approval complies with that authority’s regulations, codes and policies. However, the location of any pole or wire-holding structure by a grantee shall not constitute a vested interest, and such poles, structures, or facilities shall be removed, replaced or modified by the grantee at its own expense whenever the council or other governmental authority reasonably determines that the public interest so necessitates.

B. All cable communications system lines and equipment installed by a grantee within the city shall be located in accordance with plans and permits as approved by the city’s transportation department and in accordance with the city’s right-of-way use code.

C. In those areas of the city where electrical and telephone utility wiring is aerial and a grantee’s existing cable communications system lines and facilities are aerial, the grantee may construct, install, operate and maintain the existing cable communications system aerially. When existing aerial electrical and telephone utility wiring and equipment in an area of the city is subsequently relocated to underground, the grantee shall, at the same time, relocate its existing aerial cable communications system lines and facilities to underground, at no cost or expense to the city. In those areas of the city where existing electrical or telephone utility wiring is aerial and the grantee needs to construct or install new cable communications system lines or facilities, the grantee may request consent from the city for such aerial construction; such consent will be granted on a case-by-case basis and will not be unreasonably withheld. In those areas of the city where existing or new electrical or telephone utility wiring is underground, the grantee shall construct, install, operate and maintain its cable communications system underground.

D. A grantee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public way or remove from said street or other public way, any of its property when required to do so by the city because of street or other public excavation; construction; repair; regrading or grading; traffic conditions; installation of sewers, drains or water pipes; city-owned power or signal lines; tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare.

E. A grantee shall at all times subscribe to any available “one number locator service” as defined by RCW 19.122.020(13). A grantee shall, before commencing excavation, provide notice of the scheduled commencement of excavation through the one number locator service.

F. On request to a grantee by any person who is authorized to perform work on any public right-of-way which has been used by a grantee for construction of a cable communications system, a grantee shall provide information regarding the type, location, height, and other pertinent information of poles, conduits, and other structures which the grantee has placed on said right-of-way. If requested by the city, the cost of providing information in accordance with this section shall be borne by the grantee; if other authorized parties make such a request, the reasonable cost shall be borne by the person making the request. (Ord. 5531 § 2, 2004.)

5.30.540 Public drops.

Unless otherwise set forth in the franchise agreement, the grantee shall provide without charge, within the franchise area, one drop activated for basic cable television service to each fire station, public school, police station, public library, City Hall, and other public buildings that are either owned and occupied or leased and occupied by the city, as may from time to time be designated by the city; provided, that the buildings are either already served or are within 125 aerial feet of its cable system. A grantee may petition the city for a waiver of this requirement, such waiver to be granted for good cause shown. A grantee shall be permitted to recover, at the grantee’s actual cost, for any additional converters required, and for the grantee’s direct cost of installing, when requested to do so, more than one outlet, concealed inside wiring, or a service drop requiring more than 125 feet of cable. Nothing in this section shall be construed to prohibit the city and a grantee from reaching an agreement whereby the grantee would bear the burden for all or a portion of the cost of installing any equipment (including wiring) necessary to cablecast meetings of the city council. (Ord. 5531 § 2, 2004.)

5.30.550 Institutional services.

A grantee may be required to provide an institutional network as part of the cable communication system subject to the terms specified in the franchise. (Ord. 5531 § 2, 2004.)

5.30.560 Access and local programming.

A. As supported by its ascertainment of future cable-related community needs and interests, the city may require that a proposal for a new franchise or the renewal of an existing franchise conform to one or more of the following conditions:

1. A grantee shall provide equipment, directly or through grants, for local PEG access facilities and program production by all PEG access users for live and videotaped presentations over the cable television system.

2. The city may require a grantee or a nonprofit corporation or other entity selected to manage the PEG access facilities and to establish reasonable rules for the use of the PEG access facilities consistent with the requirements of this chapter, a franchise, or other applicable law. Such rules shall be subject to review and approval by the city.

3. The city may require that one or more public access channel(s) be made available to members of the public on a nondiscriminatory basis at nominal or no charge for channel or equipment use, except as otherwise provided by law.

4. The city may require that one or more education access channel(s) be made available free of charge to designated qualified users for the transmission of local educational programming.

5. The city may require that one or more local government access channel(s) be made available free of charge for the transmission of government-related programming.

B. The city may promulgate rules under which dedicated PEG access facilities may be used by a grantee when not being used for PEG access purposes. (Ord. 5531 § 2, 2004.)

5.30.570 Leased access.

A grantee shall make channels available for leased or commercial use as specified in a franchise and as consistent with federal requirements. (Ord. 5531 § 2, 2004.)

5.30.580 Moving of buildings.

A grantee shall, on the request of any person holding a valid house-moving permit, temporarily raise or lower its wires or cables to permit the moving of buildings or other large objects. The expense of such temporary raising or lowering of wires shall be paid by the person making the request, and a grantee shall have the authority to require such payment in advance. A grantee shall be given not less than seven days’ advance notice to arrange for such temporary wire changes, except in case of emergency. Any interruption in service occasioned by this activity shall take place, as far as is practicable, outside of prime time (7:00 p.m. to 11:00 p.m. local time). (Ord. 5531 § 2, 2004.)

5.30.590 Trimming trees.

Subject to prior approval by the city manager or designee, a grantee may trim trees on public property or which overhang streets, alleys, sidewalks and public ways of the city so as to prevent the branches of such trees from coming in contact with wires and cables and other television conductors and fixtures of the grantee; provided, that the grantee gives prior written notice for such activity to the city and takes full responsibility for removing debris when the work is complete. All trimming is to be done at the sole expense and responsibility of a grantee. A grantee is solely responsible for property or tree damage caused by it, and must fully restore any such property or tree damage when so requested by the city. (Ord. 5531 § 2, 2004.)

5.30.600 Delays in construction.

A. The franchise may provide for liquidated damages or other consequences upon failure by a grantee to complete, in timely fashion, any construction, including any upgrades or rebuilds of the cable communications system, as set forth in the franchise. Depending upon the degree of delay, such consequences may include:

1. Forfeiture of all or a portion of any bond or other form of surety.

2. Termination of a franchise.

3. Assessment of civil penalties or liquidated damages for causing delays in city construction projects.

B. The city shall provide the grantee with a detailed written notice of any alleged failure to complete construction upon which it proposes to take action, and a 60-day period within which the grantee may demonstrate to the city’s satisfaction that construction has been completed, or to complete the construction, or if the construction cannot be completed within 60 days, to submit a plan satisfactory to the city to complete the construction.

C. If a grantee is delayed at any time in the progress of construction by the failure of the appropriate public utility company or companies to diligently process pole attachment agreements or applications or to make such poles ready for attachment, or the failure of the city or other governmental authorities to diligently process applications for approval as may be required in connection with the construction of the cable system, or by labor disputes, fire, unusual delays in transportation, inability of a grantee to procure materials, acts of God, war, riots, insurrections or any causes beyond a grantee’s control, and which could not have been reasonably anticipated, then a grantee shall be granted an extension of time to complete construction, such extension to be of a duration commensurate with the amount of delay caused by the force majeure event. If an extension is granted, subsection (A) of this section shall not apply for that period of time by which a grantee was delayed by reason of events beyond its control. (Ord. 5531 § 2, 2004.)

5.30.610 Repair of damages.

A grantee, its successors and assigns shall promptly repair any damage of every type and nature to city property or city improvements caused by the grantee’s negligent or substandard work during the term of a franchise. (Ord. 5531 § 2, 2004.)

5.30.620 Tampering or unauthorized connections.

A. It shall be unlawful for any person to make any connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable communications system within the city for the purpose of enabling anyone to receive any television signal or other information transmitted over the cable communications system, without the consent of a grantee.

B. It shall be unlawful for any person, without the consent of a grantee, willfully to tamper with, remove or injure any cables, wires or other cable communications system equipment except; however, a subscriber may disconnect a television receiver from the cable system at any time. (Ord. 5531 § 2, 2004.)

5.30.630 Equal opportunity employment.

Equal opportunity in employment shall be afforded by a grantee to all qualified persons, and no person shall be discriminated against in employment because of race, color, religion, national origin or sex. A grantee shall establish, maintain, and carry out a positive, continuing program of specific practices designed to assure equal opportunity in every aspect of company employment policy and practice. A grantee shall immediately comply with all federal, state and local equal opportunity employment requirements and practices. (Ord. 5531 § 2, 2004.)

5.30.640 Interconnection.

A grantee’s system shall be designed and constructed, insofar as technically and economically feasible, so as to be capable of interconnection with any systems existing in areas contiguous to the city and with any such systems anticipated for future construction. Upon request by the city, grantee shall interconnect its PEG channels with those of other cable television systems in adjacent areas, unless grantee can demonstrate that such interconnection is not technically or economically feasible, or is beyond the power of the grantee to implement. Any interconnection shall be accomplished in a manner consistent with FCC standards. (Ord. 5531 § 2, 2004.)

5.30.650 Cooperation.

A grantee shall cooperate with any interconnection corporation, regional interconnection authority, or county or state regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing, or otherwise providing for the interconnection of cable communications systems beyond the boundaries of individual political jurisdictions. (Ord. 5531 § 2, 2004.)

5.30.660 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, neither the remainder of this chapter nor the application thereof to other persons or circumstances shall be affected thereby. (Ord. 5531 § 2, 2004.)

Chapter 5.32
PAWNBROKERS

Sections:

5.32.010 Definitions.

5.32.020 License required – Fee.

5.32.030 Term of license.

5.32.040 Application for license.

5.32.050 Renewal of license.

5.32.060 Required records.

5.32.070 Transcript of pawnbroker’s or dealer’s record to be furnished police.

5.32.080 Records of pawnbroker and dealer.

5.32.085 Police seizures, police holds, duties and obligations.

5.32.090 Interest charges.

5.32.100 Removal of goods.

5.32.110 Prohibited transactions.

5.32.120 Hours.

5.32.130 Failure to make reports – Falsification.

5.32.135 Return of pawned property to its rightful owner.

5.32.140 Violation – Penalty.

5.32.145 Revocation or suspension of license – Appeal.

5.32.010 Definitions.

The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Clerk” means such city employee or agent as the city manager designates as licensing official under this chapter.

B. “Pawnbroker” means and includes every person who conducts the business of a pawnshop licensed under this chapter.

C. “Pawnshop” means and includes every place at which the business of taking or receiving by way of pledge, pawn or exchange, goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or the loaning of money on deposit of personal property.

D. “Dealer” means and includes every person who engages, in whole or in part, in the business of buying precious metals, precious and semi-precious stones or gems, jewelry and bullion.

E. “Transaction” means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or a dealer from a member of the general public.

F. “Loan period” means the period of time from the date the loan is made until the date the loan is paid off, the loan is in default, or the loan is refi-

nanced and new loan documents are issued, including all grace or extension periods. (Ord. 4891 § 1, 1996; Ord. 2891 § 1, 1981; Ord. 2001 § 1, 1974; 1961 code § 5.37.010.)

5.32.020 License required – Fee.

It is unlawful for any person to engage in the business of conducting a pawnshop or to act as a dealer without first having obtained a license to do so. The fee for a pawnshop license and the fee for a dealer’s license shall be $100.00 per year. No pawnshop license shall be issued hereafter which would increase the number of pawnshop licenses in the city to more than one for every 15,000 of population or fraction thereof. Pawnshop licenses may be revoked by the city for nonuse or discontinuation of use pursuant to the provisions of BCC 5.32.145. No pawnshop license shall be issued where it is determined by the clerk that the information contained in the application for the license is not truthful. (Ord. 4891 § 2, 1996; 1961 code § 5.37.020.)

5.32.030 Term of license.

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. The licenses shall not be assignable or transferable. (Ord. 5076 § 3, 1998; Ord. 4891 § 3, 1996; 1961 code § 5.37.025.)

5.32.040 Application for license.

Application for a pawnshop license or a dealer’s license shall be in writing, filed with the clerk on forms furnished by the city and shall be accompanied by the required license fee. The application shall then be referred to the police department for investigation as to the truth of the information contained therein. Upon approval of the application by the clerk, the license may then be issued. The clerk shall develop and adopt written procedures to determine licensing priority in the event the number of pawnshop licenses outstanding would otherwise exceed the maximum permitted by BCC 5.32.020. (Ord. 4891 § 4, 1996; Ord. 2001 § 2, 1974; 1961 code § 5.37.030.)

5.32.050 Renewal of license.

Applications for renewal of licenses issued under this chapter shall be made to the clerk on or before the December 31st expiration date provided for in BCC 5.32.030. The clerk shall not renew any pawnshop license if such pawnshop has discontinued operations for a continuous period of 180 days immediately preceding such application. 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 expiration date, as follows:

Days Application

Past Due Percent of License Fee

5 – 30 25%

31 – 60 50%

61 and over 75%

(Ord. 4891 § 5, 1996; Ord. 2001 § 3, 1974; 1961 code § 5.37.035.)

5.32.060 Required records.

It shall be the duty of every pawnbroker to maintain at such pawnshop a book or other permanent record, in which shall be legibly printed or lettered, by the pawnbroker or his/her employee, in the English language, at the time of such loan, consignment, purchase or receipt of any item in trade, a record thereof containing those items listed in subsections A through H of this section; and it shall be the duty of every dealer to maintain at his or her place of business a book or other permanent record, in which shall be legibly printed or lettered, by the dealer or his/her employee, in the English language, at the time of such purchase and/or consignment, a record thereof containing those items listed in subsections A through H of this section:

A. The date of transaction;

B. The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the chief of the Bellevue police department;

C. The signature and the name (first, middle and last), date of birth, sex, height, weight, race, address (which shall include the street address, and not merely a post office box number) and telephone number of the person with whom the transaction is taking place;

D. The name and address (which shall include the street address, and not merely a post office box number) of the owner of the property bought or received in pledge, if different than that of the person with whom the transaction is taking place;

E. A detailed description of the property bought or received in pledge and/or consignment, including brand name; serial or model number or name; engravings, size, pattern, color, markings, and shape; the caliber, barrel length, and type of action of any firearm, and whether it is a pistol, rifle or shotgun; such other specific descriptive features as may be required for data entry into the Federal Bureau of Investigation National Stolen Coin File, and any peculiarity likely to identify the property. The description of jewelry shall include the type of metal employed, all letters and marks inscribed thereon, and the weight and size;

F. The price paid or the amount loaned;

G. Type and identifying numbers of identification presented at time of transaction by the person with whom the transaction was made, which shall consist of a valid driver’s license with expiration date or, in the event such person has no driver’s license, an identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required;

H. The nature of the transaction, a number identifying the transaction, the store identification as designated by the Bellevue police department, or the name and address of the business and the name of the person or employee, conducting the transaction, and the location of the property;

The information required in subsections A through H of this section shall be kept on forms provided by the city as set forth in BCC 5.32.070.

It is unlawful for any pawnbroker or dealer and every clerk, agent or employee of such pawnbroker or dealer to fail, neglect or refuse to make entry in any material matter in his or her record, as required by this section, or to make any false entry therein, or to obliterate, destroy or remove such record from his or her place of business. (Ord. 4891 § 6, 1996; Ord. 4000 § 1, 1989; Ord. 3313 § 1, 1983; Ord. 2891 § 2, 1981; 1961 code § 5.37.040.)

5.32.070 Transcript of pawnbroker’s or dealer’s record to be furnished to police department.

A. Upon request by the chief of police or his authorized designee, every pawnbroker and dealer shall furnish a full, true, and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police within a specified time not less than 24 hours. This information shall be transmitted to the Bellevue police department electronically, by facsimile transmission, by modem or similar device, by delivery of computer, or by such other means of transmission as may be authorized by the chief of police. The chief of police may adopt regulations and/or procedures to implement the provisions of this section.

B. If a pawnbroker or dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or dealer shall promptly report that fact to the chief of police, together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. (Ord. 4891 § 7, 1996; Ord. 3313 § 2, 1983; Ord. 2891 § 3, 1981; 1961 code § 5.37.050.)

5.32.080 Records of pawnbroker or dealer.

All books and other records, including financial records, of any pawnbroker or dealer relating to purchase, pledge, exchange, barter or receipt of any goods, wares, merchandise or other articles or things of value, shall at all times be open for inspection by the chief of police, or any police officer detailed for that purpose, and all articles or things received, purchased or left in pledge or on consignment with the pawnbroker or dealer shall at all times be open to like inspection. Such books and records shall be maintained wherever that business is conducted for three years following the date of transaction. (Ord. 4891 § 8, 1996; Ord. 2891 § 4, 1981; 1961 code § 5.37.060.)

5.32.085 Police seizures, police holds, duties and obligations.

Subject to applicable state and federal statutory and constitutional provisions:

A. In addition to retention of property required by this code, any police officer, having probable cause to believe that any personal property taken by a pawnbroker or dealer by way of pledge, pawn or exchange in the possession of a pawnbroker or dealer is stolen, may seize such item at any time. In the event of such a seizure, the pawnbroker or dealer shall be entitled to a written receipt for the item from the police department.

B. In lieu of immediate seizure, a police officer may place a “hold” upon the property by making an entry upon the permanent record required by BCC 5.32.060, indicating that the item is stolen property. The pawnbroker or dealer shall then:

1. Tag or specifically identify the item; and

2. Hold it in place on the business premises of the pawnbroker or dealer to which police officers shall have access at any time during regular business hours; and

3. Keep the item safe from alteration, loss, damage or commingling with other goods.

C. No pawnbroker or dealer shall dispose of any item subject to a police hold in any manner; provided, that items subject to a police hold shall be surrendered to the chief of police upon request,

or in compliance with a subpoena signed by a prosecuting attorney, or in compliance with an order of a court of competent jurisdiction; or as directed in a written release signed by the chief of police. (Ord. 4891 § 9, 1996; Ord. 3313 § 3, 1983.)

5.32.090 Interest charges.

All pawnbrokers are authorized to charge and receive interest and other fees for the loan of money on the security of personal property actually received in pledge as allowed by Chapter 19.60 RCW or any successor statute; and every person who asks or receives a higher rate of interest or fees on any such loan, or on any actual or pretended sale or redemption of personal property, or who sells any property held for redemption within the 90-day period of both the term of the loan and the grace period provided for by Chapter 19.60 RCW, is guilty of violation of this chapter. (Ord. 4891 § 10, 1996; 1961 code § 5.37.070.)

5.32.100 Removal of goods.

It is unlawful for any pawnbroker or dealer to remove any goods, articles or things to be purchased by him or her or left with him or her, in pledge, except when redeemed by the owner thereof, from his or her store or place of business until the expiration of 30 days after the same were purchased, received or left in pawn; provided, said 30-day holding period shall not apply to legal tender coins and fabricated hallmarked bars purchased by dealers.

A dealer may temporarily remove goods, articles or things purchased by him or her or left with him or her on consignment as long as the remaining provisions of this chapter are met and the goods, articles or things are not altered and are made available upon request for inspection pursuant to this chapter. (Ord. 4891 § 11, 1996; Ord. 4000 § 2, 1989; Ord. 2891 § 5, 1981; 1961 code § 5.37.090.)

5.32.110 Prohibited transactions.

It is unlawful for any pawnbroker or dealer, his or her clerk or employee, to receive in pledge or purchase, or on consignment, any article or thing from any person under 18 years of age, or from any person who is at the time intoxicated or from any habitual drunkard, or from any person known to the pawnbroker or dealer to be addicted to the use of narcotic drugs, or from any person who is known to be a thief or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such. The fact of lending money upon or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker or dealer, his or her agent or employee, to violate this chapter. (Ord. 4891 § 12, 1996; Ord. 2891 § 6, 1981; 1961 code § 5.37.100.)

5.32.120 Hours.

It is unlawful for any pawnbroker to conduct or carry on the business of a pawnshop, in whole or part, directly or indirectly, or to open or keep open such pawnshop for the transaction of any business whatsoever therein, between the hours of 7:00 p.m. and 7:00 a.m., except from December 15th to December 25th of each year, and on Saturdays, when pawnshops may remain open until, but not later than 10:00 p.m. (Ord. 4891 § 13, 1996; 1961 code § 5.37.100.)

5.32.130 Failure to make reports – Falsification.

Every pawnbroker or dealer and every clerk, agent or employee of such pawnbroker or dealer who fails, neglects or refuses to make the reports called for by this chapter, or who reports any material matter falsely to the chief of police, is guilty of a violation of this chapter. (Ord. 2891 § 7, 1981; 1961 code § 5.37.110.)

5.32.135 Return of pawned property to its rightful owner.

A. A pawnbroker or dealer who obtains property of another in pawn, pledge or purchase, which property is pawned, pledged or sold to the pawnbroker or dealer without the knowledge, consent or authority of the true and rightful owner of the property, is guilty of theft by conversion if, upon demand of the true and rightful owner of the property, the pawnbroker or dealer refuses to return the pawned, pledged or sold property in the broker’s or dealer’s possession to its true and rightful owner unless the owner pays the pawn fee, a security fee or other form of compensation.

B. It is not an affirmative defense that the pawnbroker or dealer obtained the property under a claim of title made in good faith.

C. Theft by conversion is a gross misdemeanor. (Ord. 3313 § 4, 1983.)

5.32.140 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter for which a specific penalty is not otherwise set forth herein shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine in an amount not exceeding $350.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment; and in addition thereto, the license of such person, firm or corporation may be revoked or suspended. (Ord. 4891 § 14, 1996; Ord. 3313 § 5, 1983; 1961 code § 5.37.120.)

5.32.145 Revocation or suspension of license – Appeal.

A. Violation of any provision of this chapter shall be grounds for revocation or suspension of any pawnshop or dealer license issued hereunder. The clerk shall issue a written notice of revocation or suspension of such license to the owner of such pawnshop or dealer, as the case may be, which notice shall inform such pawnshop or such dealer of the provisions violated and the sanction for such violation. The pawnshop owner or dealer shall have 14 calendar days from the issuance date of such notice to file an appeal with the clerk. Any appeal shall be heard by the city’s hearing examiner pursuant to the procedures set forth in Chapter 1.18 BCC.

B. A pawnshop license shall be revocable by the city in the event that the pawnshop for which the license is issued is not in operation within 180 days from the date of issuance of such license or in the event that a pawnshop has ceased operations for a continuous period of at least 180 days. Any pawnshop license revoked pursuant to the provisions of this subsection shall be subject to the appeal procedures of subsection A of this section. (Ord. 4891 § 15, 1996.)

Chapter 5.44
PANORAM DEVICES

Sections:

5.44.010 Definitions.

5.44.020 Panoram premises license required.

5.44.030 License prohibited to certain classes.

5.44.050 License – Fees – Term – Assignment – Renewals.

5.44.060 Application.

5.44.070 Repealed.

5.44.080 Repealed.

5.44.090 Suspension or revocation of licenses – Summary suspension.

5.44.100 Appeal and hearing.

5.44.110 Premises regulations.

5.44.120 Standards of conduct and operation of panoram premises and personnel.

5.44.140 Violation a misdemeanor.

5.44.150 Severability.

5.44.160 Compliance.

5.44.170 Code violations and enforcement.

5.44.180 Conflicting sections or provisions.

5.44.190 Chapter not intended towards particular group or class.

5.44.200 Nuisance declared.

5.44.210 Additional enforcement.

5.44.010 Definitions.

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

A. “Applicant” means the individual or entity seeking a panoram premises license in the city of Bellevue.

B. “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 panoram premises, based upon responsibility for management of the panoram premises.

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

D. “Employee” means any and all persons including managers and independent contractors who work in or at or render any services directly related to the operation of any panoram premises.

E. “Manager” means any person who manages, directs, administers or is in charge of the affairs or conduct of any portion of any activity involving a panoram premises, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

F. “Operator” means any person operating, conducting or maintaining any panoram premises.

G. “Panoram,” “preview,” “picture arcade” or “peep show” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit or display a film or videotape. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram premises” do not include games which employ pictures, views or video displays, or gambling devices regulated by the state.

H. “Panoram premises” means any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. The term “panoram premises” does not include movie or motion picture theater auditoriums capable of seating more than five people.

I. “Panoram station” means the portion of any panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device.

J. “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.

K. “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 panoram premises. (Ord. 5253 § 2, 2000; Ord. 5191 § 1, 1999; Ord. 3559 § 1, 1985; Ord. 3480 § 2, 1985.)

5.44.020 Panoram premises license required.

A. It is unlawful to display, exhibit, expose or maintain upon any premises to which members of the public are admitted any panoram device without a valid and current license for such premises, to be designated a “panoram premises license.”

B. It is unlawful for any person to conduct, manage or operate a panoram premises unless such person is the holder of a valid and subsisting license, to be designated a “panoram premises manager’s license,” from the city to do so, obtained in the manner provided in this chapter.

C. It is unlawful for any employee or manager to knowingly work in or about, or to knowingly provide any service related to the operation of, an unlicensed panoram premises.

D. A separate license is required for each panoram premises and the same shall at all times be conspicuously posted and maintained therein.

E. The clerk shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premises. (Ord. 5253 § 2, 2000; Ord. 5191 § 2, 1999; Ord. 3480 § 3, 1985.)

5.44.030 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 which have attained the age of 18 years with respect to panoram premises 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 of an adult panoram premises, 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 in this chapter. Such license shall be issued to the manager or agent thereof. (Ord. 5253 § 2, 2000; Ord. 5191 § 3, 1999.)

5.44.050 License – Fees – Term – Assignment – Renewals.

A. The 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.

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

C. Applications for renewal of licenses issued under this chapter shall be filed with the clerk no later than 30 days prior to the expiration date provided for on the face of the panoram premises license and no later than 14 days prior to the expiration of the panoram premises manager’s license in the same manner and accompanied by the 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%

D. 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. 5253 § 2, 2000; Ord. 5191 § 4, 1999; Ord. 4129 § 2, 1990; Ord. 3559 § 2, 1985; Ord. 3480 § 6, 1985.)

5.44.060 Application.

A. Panoram Premises License.

1. Any person seeking a panoram premises license shall file a written application with the clerk on a form provided by the clerk for that purpose. All panoram premises license applications shall be submitted in the name of the person or entity proposing to provide panoram devices on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications 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.

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 other panoram premises, 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 panoram premises, 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 panoram premises, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Panoram stations, restrooms, manager’s office and stations, restrooms, and service and sales areas shall be clearly marked on the drawing. An application for a license for a panoram premises shall include building plans which demonstrate conformance with BCC 5.44.110.

3. A nonrefundable application fee of $200.00 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 a panoram premises 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 panoram premises license.

6. The panoram premises 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 panoram premises. The permit shall be posted in a conspicuous place, at or near the entrance to the panoram premises so that it can be easily read at any time the business is open.

7. No person granted a panoram premises license pursuant to this chapter shall operate the panoram premises 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. The clerk, upon presentation of such application and before acting upon the same, shall provide copies to the police, fire, and development services departments for their investigation and review to determine compliance of the proposed panoram premises 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 panoram premises license approved prior to premises construction shall contain a condition that the premises may not be open for business until the premises has 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 panoram premises 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. A panoram premises license shall be issued by the clerk within 30 days of the date of filing of 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 a panoram premises 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 period time for more than an additional 20 days.

B. Panoram Premises Manager’s License.

1. No person shall work as a manager or assistant manager at a panoram premises without a manager’s license from the city. Each applicant for a manager’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 license shall be signed by the applicant and certified to be true under penalty of perjury. The manager’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, and social security number.

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;

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

d. A complete statement of all criminal 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, other than parking offenses or minor traffic infractions.

e. 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.

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

g. Every panoram premises manager shall keep his or her license readily available for inspection by the city at any time during business hours of the panoram premises.

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

3. A panoram premises manager’s license shall be issued by the clerk within 14 days of the date of filing of 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 a panoram premises manager’s 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 14 days of the date of filing of a complete application and fee, the applicant may, subject to all other applicable law, commence work as a panoram premises manager until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review period time for more than an additional 20 days.

4. An applicant for a panoram premises manager’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. (Ord. 5821 § 11, 2008; Ord. 5253 § 2, 2000; Ord. 5191 § 5, 1999; Ord. 4129 § 3, 1990; Ord. 3559 § 3, 1985; Ord. 3480 § 7, 1985.)

5.44.070 Inspection of panoram premises.

Repealed by Ord. 5191. (Ord. 4129 § 4, 1990; Ord. 3559 § 4, 1985; Ord. 3480 § 8, 1985.)

5.44.080 Issuance of licenses.

Repealed by Ord. 5191. (Ord. 3559 § 5, 1985; Ord. 3480 § 9, 1985.)

5.44.090 Suspension or revocation of licenses – Summary suspension.

A. After an investigation and upon the recommendation of the chief of police or his or her designee, the director of the development services department, or the fire chief or his or her designee, the clerk may 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 by any report or record required to be filed with the clerk; or

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 this chapter or any other applicable standards or regulations of the city code relating to buildings, structures, equipment, and zoning; or

3. The failure of the licensee or any of his or her servants, agents or employees to comply with the provisions of Chapter 10A.88 BCC or any other similar local or state law when the licensee knows or should have known of the violations committed by his or her servants, agents or employees; or

4. 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

5. The conviction of any of the licensee’s 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 panoram premises when the licensee knew or should have known of the violations committed by his or her 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 a third and subsequent violation 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 basis for the action and 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. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection D of this section.

D. If the Bellevue building official finds that any condition set forth in BCC 5.44.090(A) exists and that such condition constitutes a threat of immediate serious injury or damage to person or property, the building official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection C of this section; 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. 5821 § 12, 2008; Ord. 5253 § 2, 2000; Ord. 5191 § 8, 1999; Ord. 3559 § 6, 1985; Ord. 3480 § 10, 1985.)

5.44.100 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 of Bellevue 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 14 days of receiving notice of the action from which the appeal is taken. 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 shall have the right to appeal the decision of the hearing examiner or other designated hearing body to the superior court by writ of certiorari or mandamus as provided in LUC 20.35.250(F).

B. Except in cases of summary suspension of licenses because of the threat of immediate serious injury or damage to person or property pursuant to BCC 5.44.090(D), the filing of such appeal shall stay the action of the clerk, pending the decision of the examiner or other hearing body. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to BCC 5.44.090(D), the examiner or other hearing body shall render a decision within five days of the conclusion of the hearing.

C. Any person aggrieved by the decision shall have the right to appeal the decision of the hearing examiner or other designated hearing body to the superior court by writ of certiorari or mandamus as provided in LUC 20.35.250(F).

D. The decision of the clerk will remain stayed until final resolution of any appeal to the courts. (Ord. 5253 § 2, 2000; Ord. 5191 § 9, 1999; Ord. 3559 § 6, 1985; Ord. 3480 § 11, 1985.)

5.44.110 Premises regulations.

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

A. All panoram stations must be open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located in the main entrance way to the public room containing the panoram stations. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the manager’s view of any portion of the activity or occupant of the panoram station.

B. 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.

C. The licensee shall maintain illumination generally distributed in all parts of the premises available for use by the public so that all objects are plainly visible at all times when the premises are open or when any member of the public is permitted to enter and remain therein. A minimum, lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, is required for all areas of the panoram premises where members of the public are permitted.

D. 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 is 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.

E. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the state of Washington and the United States. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the Uniform Building Code as adopted by the city of Bellevue. All premises and devices must be inspected prior to issuance of a license.

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

G. A panoram premises may not be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 5253 § 2, 2000; Ord. 5191 § 10, 1999; Ord. 3659 § 1, 1986; Ord. 3559 § 8, 1985; Ord. 3480 § 12, 1985.)

5.44.120 Standards of conduct and operation of panoram premises and personnel.

A. All employees of a panoram premises must adhere to the following standards of conduct:

1. An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington moral nuisance statute, or any provision regulating offenses against public morals.

2. An employee may not permit actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington moral nuisance statute, or any provision regulating offenses against public morals by any other employee or member of the public.

B. At a panoram premises the following are required:

1. Admission must be restricted to persons of the age of 18 years or older. An owner, operator, manager or other person in charge of the panoram premises may not knowingly permit or allow any person under the age of 18 years to be in or upon the premises whether an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This subsection is not intended to be used in a prosecution of a minor on or within a panoram premises.

2. No photograph, drawing, sketch or other pictorial or graphic representation depicting 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 located outside of the adult entertainment establishment.

3. A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the panoram premises that include but are not limited to rooms provided for the benefit of employees, or storage areas. However, a person delivering goods, merchandise, or materials, 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 the person’s job duties.

4. Restrooms may not contain video reproduction equipment and/or panoram devices.

5. All ventilation devices or openings between panoram booths must be covered by a permanently affixed louver or screen. No portion of a ventilation opening cover may be located more than one foot below the top of the booth walls or one foot from the bottom of booth walls. There may not be any other holes or openings between the booths.

6. No panoram booth or station may be occupied by more than one person.

7. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult retail premises a sign stating substantially the following:

OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON.

THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT ( RCW 9.68A.011), ACTS OF PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT, AS DEFINED HEREIN.

VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.

Each sign must be conspicuously posted and not screened from the patron’s view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height.

8. Doors to areas of the panoram premises which are available for use by persons other than the owner, manager, operator, or their agents or employees may not be locked during business hours.

9. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment establishment that police officers or city code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises.

C. The responsibilities of the manager of a panoram premises shall include:

1. A licensed manager shall be on duty at a panoram premises at all times members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours.

2. The manager licensed under this chapter shall maintain visual observation from a manager’s station of each member of the public. All panoram stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located at the main entranceway to the public room containing the panoram stations or booths. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the manager’s view of any portion of the activity or occupant of the panoram premises.

3. The manager shall be responsible for and shall ensure that the actions of members of the public and all other employees shall comply with all requirements of this chapter. (Ord. 5253 § 2, 2000; Ord. 5191 § 11, 1999.)

5.44.140 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 3480 § 15, 1985.)

5.44.150 Severability.

If any section of the ordinance codified in this chapter, or any portion of any section of the ordinance codified in 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. 3480 § 16, 1985.)

5.44.160 Compliance.

All persons regulated pursuant to this chapter shall comply with this chapter within 120 days of the effective date of the ordinance codified in this chapter. (Ord. 5253 § 2, 2000; Ord. 5191 § 12, 1999; Ord. 3559 § 11, 1985.)

5.44.170 Code violations and enforcement.

The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. (Ord. 5253 § 2, 2000; Ord. 5191 § 13, 1999.)

5.44.180 Conflicting sections or provisions.

In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the city code, the sections and provisions of this chapter govern and supersede those set forth elsewhere. (Ord. 5253 § 2, 2000; Ord. 5191 § 14, 1999.)

5.44.190 Chapter not intended towards particular group or class.

A. It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. Nothing contained in this chapter is intended or shall be construed to create or form the basis for any liability on the part of the city or its officers, employees, or agents for any injury or damage:

1. Resulting from the failure of any owner, operator, manager, or other person in the panoram premises to comply with the provisions of this chapter;

2. By reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter; or

3. By reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this chapter by its officers, employees, or agents. (Ord. 5253 § 2, 2000; Ord. 5191 § 15, 1999.)

5.44.200 Nuisance declared.

A. Public Nuisance. Any panoram premises 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 a panoram premises contrary to the provisions of this chapter.

B. Moral Nuisance. Any panoram premises 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. 5253 § 2, 2000; Ord. 5191 § 16, 1999.)

5.44.210 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 an act or practice that constitutes or will constitute a violation of the provisions of this chapter. (Ord. 5253 § 2, 2000; Ord. 5191 § 17, 1999.)

Footnotes

¹See Chapter 14.20 BCC on franchise terms.

Title 5BUSINESS LICENSES AND REGULATIONS

Chapter 5.04AMBULANCES

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.

Chapter 5.06PUBLIC DANCES AND DANCEHALLS

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.

Chapter 5.08CABARETS AND ADULT ENTERTAINMENT

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 Suspension or revocation of licenses.

5.08.120 Violation a misdemeanor.

5.08.130 Nuisance declared.

5.08.140 Additional enforcement.

5.08.150 Severability.

Chapter 5.10CHRISTMAS TREE STANDS

Chapter 5.12TEMPORARY SPECIAL EVENTS

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.

Chapter 5.14GROUP HOME OPERATOR REGISTRATION

Chapter 5.16FOR HIRE VEHICLES

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.

Title 5
BUSINESS LICENSES AND REGULATIONS

Chapter 5.04
AMBULANCES

Chapter 5.06
PUBLIC DANCES AND DANCEHALLS

Chapter 5.08
CABARETS AND ADULT ENTERTAINMENT

Chapter 5.10
CHRISTMAS TREE STANDS

Chapter 5.12
TEMPORARY SPECIAL EVENTS

Chapter 5.14
GROUP HOME OPERATOR REGISTRATION

Chapter 5.16
FOR HIRE VEHICLES

Chapter 5.20
GARBAGE COLLECTION

Chapter 5.24
HOTELS – GUEST REGISTRATION

Chapter 5.28
MASSAGE PARLORS AND PUBLIC BATHHOUSES

Chapter 5.30
CABLE COMMUNICATIONS¹