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A. General. An adult cabaret shall satisfy the zoning requirements contained in BMC Title 12, the general requirements in Part A of this chapter, the licensing requirements in Part B of this chapter, the general operational requirements in BMC 5.14.190, and the specific operational requirements applicable to adult cabarets contained in this section.

B. Separation of Nude Entertainers from Patrons. No entertainer shall appear nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fixed-barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet in height and located at least 10 feet from all points of the stage, shall separate the stage from all patron areas.

C. Visibility. All adult entertainment must be provided in a single common room and shall be fully visible from the front entrance of the premises.

D. Separation of Semi-Nude Entertainers from Patrons. No semi-nude entertainer shall conduct any dance, performance, or exhibition in or about the adult cabaret unless that dance, performance, or exhibition is performed at a torso-to-torso distance of no less than 10 feet from the patron for whom the dance, performance, or exhibition is intended.

E. Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section.

F. Tips. No tip or gratuity offered to or accepted by an adult entertainer shall 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 tip or gratuity offered to any entertainer performing upon any stage area shall be placed into a receptacle provided for the receipt of gratuities or shall be given to the manager on duty on the premises. Any tip or gratuity offered to an adult entertainer conducting any performance, dance, or exhibition in or about the non-stage 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.

G. Maintenance. All public areas shall be maintained in a clean and sanitary condition.

H. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the adult cabaret, including the patron seating areas, so that all objects are plainly visible at all times.

I. Visibility from Outside the Adult Cabaret. No activity or entertainment occurring at or in an adult cabaret shall be visible at any time from outside the adult cabaret.

J. Prohibited Activities.

1. No employee or entertainer shall perform or simulate any sexual activities specified in BMC 5.14.030(Z) or RCW 7.48A.010(2)(b).

2. When not performing, entertainers are prohibited from being present in areas of the adult cabaret that are open to the public. This prohibition shall only apply during the business hours of the adult cabaret.

K. Signs. At least two signs shall be conspicuously and permanently posted on the premises, printed in English and readable from 10 feet away by a person with 20/20 vision, stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF BOTHELL. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONTACT AND ARE NOT PERMITTED TO APPEAR NUDE EXCEPT ON STAGE. SEMI-NUDE DANCERS ARE NOT ALLOWED TO DANCE WITHIN TEN FEET OF ANY CUSTOMER.

(Ord. 1979 § 5, 2007; Ord. 1698 § 3, 1997).