For the purposes of this chapter, the words set forth in this section shall be defined as follows:

A. “Cabaret” means any room, place or space in the city open for service to the public in which the guests, patrons, entertainers or other persons are allowed to dance, sing, or perform music or live entertainment, including comedy in connection with the restaurant business or the business of directly or indirectly selling food or refreshments, including alcoholic beverages.

B. “Music and entertainment” does not include radios, televisions, mechanical music devices or jukeboxes in accordance with RCW 66.28.080. (Ord. 79-41 § 2, 1979)

No person, firm or corporation shall open up, conduct, manage, operate or maintain a cabaret without having a license to do so issued by the city clerk in accordance with the provisions of this chapter. This license is in addition to any business license that may be required under Chapter 5.04 BIMC. (Ord. 2018-21 § 3, 2018: Ord. 79-41 § 1, 1979)

Any person, firm, or corporation desiring to maintain, keep or operate any such cabaret shall make written application for license to do so and file the same with the city clerk. Such application shall state the name of the applicant and address and place of business at which any cabaret is operated. (Ord. 79-41 § 3, 1979)

Each license shall be issued for a period of one calendar year. The calendar year license fee for each license shall be an amount as established by resolution of the city council. The license fee shall be payable prior to January 31st for the year required or prior to commencement of business in the city. For any license procured after the applicable date required in this section, there is assessed and shall be collected by the city clerk, in addition to the required annual license fee, a penalty as established by resolution of the city council for each month or part of a month accruing between the time such license is procured and the time when the same should have been procured under the terms of this chapter. (Ord. 88-16 § 4, 1988: Ord. 79-41 § 4, 1979)

The application for a cabaret license shall be filed with the city clerk who shall refer the application to the chief of police for his recommendations on the consideration referred to in Section 5.16.080. If the chief of police approves the same, the city clerk may then issue the license, upon payment by the applicant of the fees required by Section 5.16.040. (Ord. 79-41 § 5, 1979)

All licenses issued under Section 5.16.050 shall expire on the last day of each calendar year. The fees for the license shall not be prorated for a partial year but the full fees provided by Section 5.16.040 shall be payable regardless of the date of application. (Ord. 79-41 § 6, 1979)

The license issued under this chapter shall be personal and nontransferable, and shall at all times be conspicuously posted in the place of business for which it is issued. Where a location of business of the taxpayer is changed, the taxpayer shall return the license to the city clerk and a new license shall be issued for the new location of business without charge for said taxpayer. No person to whom a license has been issued pursuant to this chapter shall permit or allow any other person to operate any business or display his/her license, nor shall such other person operate under or display such license. (Ord. 79-41 § 7, 1979)

The city clerk may refuse to issue a cabaret license, or may cancel or revoke such license after it has been issued, if it is learned that the same was procured by fraud or false representation of facts or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter or has violated any provision of this chapter or for any other reason which, in the opinion of the chief of police, will be detrimental to the public peace, health or welfare. Any person may appeal the refusal to issue or cancellation or revocation of a license for a cabaret under the appeal provisions of the hearing procedures ordinance. (Ord. 79-41 § 8, 1979)

Any license issued pursuant to this chapter shall be subject, where applicable, to any rules or regulations of the State Liquor Control Board relating to the sale of intoxicating liquor. (Ord. 79-41 § 9, 1979)

This chapter shall not apply to private clubs holding valid licenses authorizing the sale of alcoholic beverages for consumption on the premises but all clubs shall, nevertheless, be subject to the rules and regulations of the State Liquor Control Board relating to music, dancing, or entertainment within such club. For the purposes of this chapter, a “club” is an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes and not for pecuniary gain. (Ord. 79-41 § 10, 1979)

Any person, firm or corporation violating any of the terms or provisions of this chapter shall, upon conviction thereof, lose their license and be fined $500.00 or be punished by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 79-41 § 11, 1979)