![]() ![]() So, the documents listed below, in spite of their date, continue to be relevant to local governments wishing to establish new regulations. Supporting Studies, Legislative Record, and ReportsĬhallenges to adult entertainment regulation were frequent in the 80s and 90s, and much of the case law was developed then. 19.52 – Adult Entertainment Facilities Overlay Zone 17.16.040(B)(19) – Reference Note for Permitted Use Matrix - Adult Entertainment Uses 18.09.070 – Definition of Adult Concessions ![]() 19.240.120 – Adult Entertainment, Activity, Retail, or Use (Adult Uses) 19.13.050 – Adult Use Business Requirements 19.13.040 – Adult Retail Business Requirements ![]() 5.06 – Licensing and Operation of Adult Entertainment Facilities 5.10 – Licensing and Operation of Adult Entertainment Facilities 5.120 – Public Places of Adult Entertainment MRSC recommends close consultation with your jurisdiction's legal counsel before incorporating any of these provisions into your own regulations. The following examples of zoning and business licensing codes have to date withstood challenges to their validity. Local governments cannot impose regulations which prohibit adult uses outright, prohibit sexually explicit messages, require excessive locational requirements, or allow excessive administrative discretion in the business license or special use permit process. That law also requires adult entertainment establishments to take further actions such as installing panic buttons and keeping a record of any acts of violence or harassment against entertainers. See the Department of Labor and Industries page on Adult Entertainer Safety. According to the courts, licensing requirements must establish clear guidelines and standards which limit the discretion of the licensing official, and must expressly limit the time a locality has to act on a license application.Īs a condition of receiving or renewing an adult entertainer license from a local government, RCW 49.17.470 requires entertainers to provide proof that they took training on multiple topics. The issuance of adult business licenses is generally contingent on compliance with regulations regarding interior illumination, floor plan, distance between performers and patrons, physical contact between employees and patrons, stage height, door height, sight lines, and so forth. These regulations help facilitate enforcement of legitimate location and distance requirements and help law enforcement monitor potential criminal activity. The primary focus has been on zoning and licensing regulations. Washington cities and counties have enacted a variety of regulatory approaches for adult entertainment businesses. While it is unlikely that local governments may totally ban sexually oriented businesses, location and licensing restrictions may be imposed since the courts recognize that communities are entitled to protect themselves against the "secondary effects" of such businesses.īusiness Licensing and Zoning Regulations The result of these challenges is a body of court decisions that conclude that local governments may impose reasonable time, place, and manner regulations on adult businesses as long as a substantial public interest in regulating the use (in a way that does not suppress speech) is demonstrated, and as long as reasonable alternative locations are provided for the use. Regulations imposed on sexually oriented businesses have been challenged in the courts over many years. Even though adult entertainment regulations may seem complicated to implement, local governments are well-advised to have them in place before adult entertainment uses seek to locate in their communities, rather than scrambling to play catch-up once they are already established. Regulations must be carefully considered in light of federal and state constitutional guarantees regarding freedom of expression. All Rights Reserved.Local governments often need to regulate a variety of adult sexually oriented businesses and services, including movie theaters, bookstores, video stores, adult-only hotels/motels, massage parlors, peep shows, and erotic dancing establishments. ![]()
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