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Published: Thursday, December 10, 2009

Lewd baristas face stricter rules

Coffee stands with nearly nude baristas will have to be licensed, but some wonder if the county can enforce the law.

EVERETT — Coffee stands featuring nearly nude baristas will have to be licensed and regulated as adult entertainment in unincorporated Snohomish County beginning next month.

So, too, will any other business where partially nude employees are selling products.

The County Council voted unanimously to approve the changes, even though several leaders expressed concern about just how enforcement would work.

The council also tightened the county’s lewd conduct law Wednesday, adding tougher penalties and more clearly spelling out when a person is guilty of lewd conduct. It also holds the business owner accountable for allowing lewd conduct.

Businesses that don’t follow the rules could be shut down.

Taken together, Councilman Mike Cooper said the changes should protect owners’ rights to run a responsible adult business and the rights of people living nearby who don’t want their children spotting baristas wearing pasties and thongs.

“I’m pleased we’re going to be the leader, not the follower, in dealing with adult coffee stands,” Cooper said.

However, Councilman Brian Sullivan warned the changes weren’t a panacea.

“This is a new program, this will take time,” he said. “I don’t want people to think this is a magic bullet.”

The new rules only apply to areas in Snohomish County outside city limits. They don’t ban bikinis or even bikini-clad baristas. Instead, the regulations kick in when baristas wear thongs, pasties or other attire in public that don’t fully cover rear ends or the bottom half of breasts.

The new rules also don’t allow businesses to display signs with sexually explicit messages.

The changes do not prohibit breast-feeding in public, artistic expression or wearing a bikini to the beach.

The county already licenses businesses, such as pawn brokers and strip clubs, identified as having a potential impact on health, safety or welfare, Snohomish County auditor Carolyn Weikel said. About 15 businesses are now regulated in the county.

She’s not opposed to enforcing the changes, but she worries how that can be accomplished at a time when she no longer has any field inspectors. One was laid off, one resigned and one retired. With budget cuts and freezing hires, it’s unlikely she’ll be able to hire any soon.

“Part of my concern is if we already license a business, we know what to expect,” she said. “We have no idea where these businesses are or who they are or how many employees they may have. I don’t have the resources to find out that information.”

She said her employees will try to inform potential business owners of the new requirements as best as they can.

Those business owners and their employees can expect to pay license fees, just like other adult entertainment businesses and their workers.

Under the county’s existing rules, adult entertainment businesses can’t cater to minors or hire them. The county also requires adult entertainment businesses to adhere to other regulations, such as posting “adults only” signs and screening some activities from public view.

At least one bikini barista stand owner said he’d go along with the law by requiring his baristas to wear more clothing rather than licensing the stands as adult businesses.

“We were in the process of doing away with pasties anyway,” Bill Wheeler, owner of Grab-n-Go Espresso said.

At the council meeting, supporters of tougher restrictions greeted the votes with applause.

“I’m very pleased at what happened,” said Rhonda Bremond, a Mill Creek business owner who supported stricter rules. “Our councilmen stood up and they were willing to draw that clear line in the sand.”

The new measures will likely take effect in January after they’ve been signed by the county executive.



Debra Smith: 425-339-3197, dsmith@heraldnet.com.

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Snohomish County governmentCouncil

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