\u3010By Noah Haglund, Herald Writer\u3011<\/p>\n
EVERETT \u2014 Drive-through coffee stands featuring nearly naked baristas are being put on notice about stricter laws coming to Snohomish County.
\nNew rules for adult entertainment and lewd conduct are set to take effect Jan. 7. They would apply to an estimated half dozen or more businesses in the county outside city limits.
\nSupporters of the new rules hope they spur other local governments, including Everett, to take similar action.
\n\u201cWe\u2019ve actually taken the lead, and I hope that other people follow our lead,\u201d County Council Chairman Mike Cooper said. \u201cWe\u2019re not putting one person out of business.\u201d
\nThe County Council voted unanimously on Dec. 9 to regulate businesses as adult entertainment if employees show too much skin in public. The council also strengthened the county\u2019s lewd conduct law, including tougher penalties and clarifying definitions for public places. That law also holds business owners and managers accountable for allowing lewd conduct.
\nCounty Executive Aaron Reardon signed the ordinances Monday. They become active in 10 calendar days.
\nBill Wheeler, the owner of the Grab-N-Go chain of bikini espresso stands, said the new rules would have little impact on business.
\n\u201cIt\u2019s not a problem,\u201d he said. \u201cMy girls look just as beautiful in a bikini as they would in pasties anyways.\u201d
\nThe bikinis, however, appear to be a big draw for customers. After a stand on Murphy\u2019s Corner near Mill Creek changed to more family-friendly attire about a month ago, business dropped by about 95 percent, Wheeler estimated.
\n\u201cI don\u2019t plan on doing that with any other stand,\u201d he said. \u201cNobody wants to buy coffee from a clothing stand.\u201d
\nBusinesses that might be affected by the new rules should expect to receive a letter soon with a copy of the new laws and an application to apply for an adult business license, Auditor Carolyn Weikel said. Licensing takes about 30 days.
\nThe auditor\u2019s office does not have staff to go out and inspect the stands, Weikel said. Instead, county officials will rely on the public to report problems. That by itself might be enough to make some businesses change their practices, she said.
\n\u201cWill they go as far as they have gone?\u201d Weikel said. \u201cNo, not if the community keeps watching them. The community has a lot of impact.\u201d
\nAs recently as 2008, Weikel\u2019s staff included three inspectors working in the field. Since then, one was laid off, another resigned and a third retired. The inspectors have not been replaced.
\nCooper said the County Council should try to find a long-term solution for the inspections. While working on the rules for coffee stands and other business, it came to light that during the past year the auditor\u2019s office has not been inspecting other adult businesses, such as strip clubs and exotic bookstores, he said. One option is moving those duties from the auditor to code-enforcement staff or another department.
\n\u201cIt\u2019s not the barista issue that caused this to happen,\u201d Cooper said. \u201cWe already weren\u2019t doing the inspections.\u201d
\nThe county already licenses businesses identified as having a potential impact on health, safety or welfare, such as pawn brokers and strip clubs.
\nThe new rules don\u2019t prevent workers from wearing bikinis in public. Instead, they prohibit more revealing attire, such as thongs or pasties that don\u2019t fully cover rear ends or the bottom portion of the breasts.
\nUnder the new rules, sexually explicit signs are considered evidence of an adult business. The changes do not prohibit breast-feeding in public or artistic expression.
\nCommunity members who have been instrumental in pushing the county rules are likely to take the battle to Everett early next year. \u201cWe\u2019re planning to go to the Everett City Council as sort of a next step,\u201d said Shahram Hadian, who has organized local opposition to risque stands.
\nMore stands are likely to set up shop in Everett if the city fails to strengthen its rules, he said, since the county and Lynnwood will have tougher laws.
\nPast complaints have included baristas flashing customers and performing simulated sex acts, as well as employees wearing thongs, pasties and other skimpy clothing. The county\u2019s new rules already appear to be moderating behavior even before they take effect, Hadian said.
\n\u201cI definitely think it\u2019s had an impact,\u201d he said. \u201cThe word has gotten out and they have toned down.\u201d
\nSheriff\u2019s deputies have not made any recent arrests related to the stands and have not received many complaints about them lately, spokeswoman Rebecca Hover said. Deputies and Everett police are pursuing criminal charges from earlier this year against employees at coffee stands on Highway 99 and Broadway.<\/p>\n
Noah Haglund: 425-339-3465, nhaglund@heraldnet.com.<\/p>\n
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