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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
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.

COMMENTS

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barista's
It seems like one thing gets forgotten in the whole discussion of half-naked baristas. One side talks about beaches & locker rooms, the other about moralities and protecting children. But we are not talking about people recreationing at the beach or changing in the locker room, we are talking about a WORKPLACE and what is appropriate there. When you go to that beach or locker room people like to talk about, who are in the bikini's? Not the employee's. (Unless you're a lifeguard, and that makes sense since you have to go in the water to save people.) But, hey, I'm open minded, certainly not a prude, so let's explore the whole issue. If it's our right to wear bikini's to work if we want to, and it's healthy for our children, hell, why stop at expresso stands? And with woman only- I want to see bikini'd men at work. Hey, Ladies, how about some of those buff construction workers, or maybe some policemen or firefighters? But it's a 1st amendment right, so we can't limit it to just buff people- it would also have to include ordinary people with their imperfect bodies.
So here's to bikini'd garbagemen, day care workers, preachers and especially bus drivers.

Sandra Jupiter | Dec 12, 2009 6:23 pm | 0 replies | Request removal

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Can't have it both ways
Don't worry, we will soon have benevolent superpowers carpet bombing us to save us from the overly conservative (fundamental extremists) that are afraid of other people making their own choices. Oh wait, we don't have any oil. Never mind.
Trevor Payne | Dec 11, 2009 7:16 pm | 0 replies | Request removal

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Another sad day for local politics...
What a shame. I wonder what'll be next. I just came back from Germany where street billboards have nude women on them and nobody's children seem to be negatively affected. One I particularly liked was NAKED: A ROCK MUSICAL. It featured a gorgeous naked woman doing the splits on a chair. This huge picture was posted on intersections everywhere in the city of Bremen. You think America stands for freedom? Try expanding your horizons overseas once in a while. America is far behind other countries in their cultural morals and the freedom to express yourself without being hounded by backwards thinking zealots who push their repressed morals on the populace. Leave us be, we like pasties with our coffee.
Henning Thiel | Dec 11, 2009 8:37 am | 0 replies | Request removal

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(No heading)
My family and I applaud the council on their decision. The thought that this is legislating morals is simply ridiculous. Should anyone have any doubts on the effect these types of businesses have on our community and neighborhoods they have not taken a drive down Lake City or Hwy 99 towards Seattle recently. To further argue that the women in these business would be role models of "fitness and health" for your children is crazy. Surely we could find some fit and active folks who have done more with their lives than find a job that requires pasties and only pays minimum wage ... It's Everett people not Vegas.
Kate Taylor | Dec 10, 2009 11:30 am | 1 replies | Request removal

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Re: (No heading)
neutral Foolish, hypocrites!
Aaron Gleeson | Dec 10, 2009 7:21 pm | Request removal
Not a smart law
I guarantee you the recently passed ordinance will not survive a court challenge.

The attire one sees in these stands is no different than what's in such magazines as Maxim, FHM, Stuff and the S.I. swimsuit issue. A real adult entertainment establishment has a lot more explicit things.

What a sheltered life the handfull of complainers must lead. If a judgement is made against the county will they pick up the tab? Not likely.

Mark Stocker | Dec 10, 2009 4:32 pm | 0 replies | Request removal

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

First laugh-out-loud moment of they day.

In many respects, the county is going to hell in a handbasket, and this kind of asinine tomfoolery is what they find time for.

Cooper's a great guy, but I wish he took a stand for John Q. Taxpayer and put the kibosh on this moralizing minority at the outset.

Jacques Klahaya | Dec 10, 2009 1:40 pm | 0 replies | Request removal

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adult ?
This law to establish bikini-clad baristas in adult zones was passed by some very un-adults. Go to the mall and go into Spencers and just look around...please do this. When your done with that go to the Borders bookstore and look at some of the books in the sexuality section.Sheesh
Mark Butschke | Dec 10, 2009 1:37 pm | 0 replies | Request removal

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Save us from ourselves!
This morning my 9 year old and I walked past a construction site and the Foreman was not happy and he was letting the crew know it. F bombs left and right. Is policing that next on the agenda?

Then we walked past a restaurant where he SAW some couple actually drinking a glass of wine. I had to shield his eyes. My boy is scarred for life.

Then we saw two dogs getting romantic with one another. The tragedy!

Why is everyone so ashamed of the human body in it's natural state? The God I believe isn't ashamed. Name me one child hurt by these businesses.

Will they be policing EVERY coffee stand making sure the Starbucks girls aren't getting away with some clothing article they shouldn't? Or is it the select few? How do they pick the ones they want to check up on? Hmmmm....

Tab Nort | Dec 10, 2009 12:24 pm | 0 replies | Request removal

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Enforcement...
I don't really care one way or the other about these stands. But if the county is going to make regulations for them, shouldn't they make sure they can enforce those rules? The Auditor says that there is no one to go out and enforce that these businesses are following the rules. Surely the County Council knows that all 3 of the field inspectors were cut (and yes, they were cut. The Auditor is just able to hide under a veil of supposed different reasons why they left). So, clearly passing these regulation requirements is just a way for the Council to try and appease the people who complained with no real intention of following through. And if the members of the community who are worried about coffee stands are so concerned with having the stands classified as adult businesses, shouldn't they also be concerned that the County no longer has inspectors to go out and enforce the requirements of other adult businesses (strip clubs, bath houses, massage parlors, etc.)?

I'm certainly tired of hearing the battle about these stands...from both sides. However I think it is important for the people of Snohomish County to know what is really going on. The people who so desperately want these stands to be regulated will be sorely disappointed to realize that it is not possible to do so because there is no personnel to go enforce the regulations.

S H | Dec 10, 2009 11:51 am | 0 replies | Request removal

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Legislating Morals
Wow. This really pisses me off. I am tired of the county wasting money on issues like this. No wonder we have such a deficit. I do not even drink coffee, but I will be trying to identify the stands that do decide to become licensed and support them with my business. I am sick of the righteous morally centered pukes, who believe they know what may have a "potential impact on health, safety or welfare" for me. I will patron these stands to make those responsible for this legislation understand that I do not want to be like them and they should stop passing laws in an attempt to make me so. If the exposed bottom of some lady's breast is so offensive, why can women still breast feed in public? And if a lady feels comfortable enough to wear her underwear in public, why does that have a more potential impact on health, safety and welfare than a parking lot in front of a drinking establishment? Lets get real and stop coddling our children and hiding behind their "innocence" as we whine about the exposure of the human body.
Allen Rountree | Dec 10, 2009 10:58 am | 0 replies | Request removal

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Big Deal
As long as there are little fat gurls the cute ones will be targets of jealous rage.
How about some regulations on churches for misleading the public with out a permit?

Jon Cannelo | Dec 10, 2009 9:43 am | 0 replies | Request removal

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Stores in the mall
So there is Abracomby and Fitch (SP) and Victoria's Secret now going to put ADULT ONLY on their windows? I have seen many of the gals working with low cut tops where you could defiantly see the bottoms of their breasts. And have you SEEN the pictures hanging in Victoria's Secret??? MY GOD some of them are almost see through and the bottom of the breast is showing again!!

Way to go Snohomish county. I will defiantly be complaining every time I see stores with people dressed like that!

Oh, wait, within city limits this does not count. So this new law actually only affects 3 stands in the whole county?

Anybody know what the Everett law says? They should make sure they are legal! KIDS go into the malls!

Zif Nab | Dec 10, 2009 8:59 am | 0 replies | Request removal

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(No heading)
How many different articles are we going to read, each with the same information, only with different spins on the title? Lewd, bikini, etc... Get off the soap box. The squeaky wheel has gotten the grease, and a few officers and a prosecutor got a cheap thrill and a hard on at our expense. With the unemployment rate so high, I think lawmakers and politicians should be more focused on making it easier to be employed and make money, not regulating everything they see as inappropriate.
Dan Roy | Dec 10, 2009 8:25 am | 0 replies | Request removal

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details to follow
I see that in todays article this will not effect "Bikini Barristas."
So what did this accomplish? Wasted time and money to establish new regulations against smething that was probably illegal under existing regulations (lude conduct / behavior etc....)

I sure am glad that the County council was able to swoop in wearing their shiney armor atop their white horses and save the day.

Politics at their best.

I wonder if it is legal or not to wear a thong or pastie in public if you are not selling coffee. If not...you are all suckers for applauding the "...clear line in the sand." If it is, than our rights have just been diminshed.

Herald reporters....that might be worth including in the article, or any follow up that includes more details / facts.

John M | Dec 10, 2009 8:11 am | 0 replies | Request removal

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When
When do we get to regulate the small handful (and it was SMALL) of complainers? I ought to complain about your churches until they're regulated. Whiners.
R N | Dec 10, 2009 6:45 am | 1 replies | Request removal

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Re: When
There is one lady who owns a graduation store in the strip mall at Murphys Corner. Please every one who is against this rulling BOYCOTT her buisness. I have a daughter who will be graduating in 4 years, and she will not be getting her items from this dump!!
David Williams | Dec 10, 2009 7:27 am | Request removal
(No heading)
so does this mean that public pools and beaches will now have to be licensed the same way and if so then that makes the county guilty of child porn all these years children under the age of 18 have been spending the summers at pools and beaches dressed in bathing suits that the county now say are porn.i am so glad i no longer live on the west side of the stateigrew up in sno county and am embaresed to claim it.also i feel the herald needs to allow some other reporter to this story the curent one seems to be using this story as her personal soap box
randy hudon | Dec 10, 2009 7:25 am | 0 replies | Request removal

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