16.50.020 Definitions.
(A) In this chapter, unless the context otherwise requires:
Employee: A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
Permittee: A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit; and, in the case of an employee, a person in whose name a permit has been issued authorizing employment in a sexually oriented business.
Person: An individual, proprietorship, corporation, association, or other legal entity.
Specified criminal activity: Any of the following offenses:
(a) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; sexual abuse; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states and countries for which:
(i) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; or
(ii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or
(iii) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(iv) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or person residing with the applicant.
Transfer of ownership or control of a sexually oriented business includes any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(B) Definitions Included. All definitions listed in Chapter 19.125 relating to sexually oriented businesses are applicable to this chapter. (Ord. No. 494, § 2, 7-3-01; Ord. No. 2003-08, § 3, 9-2-03; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 8-5-2)