CLOSED CAPTIONING IN PLACES OF PUBLIC ACCOMMODATION

SEA-MC tit. 14, ch. 14.05

in effect

Seattle Mun. Code § 14.05.010 Definitions

14.05.010 - Definitions For purposes of this Chapter 14.05: "Agency" means the Seattle Office for Civil Rights. "City" means The City of Seattle. "Closed captioning" means a transcript or dialog of the audio portion of a television program that is displayed on either the bottom or top portion of a television receiver screen when the user activates the feature. "Closed-captioned television receiver" means a receiver of television programming that has the ability to display closed captioning, including but not limited to a television, digital set top box, and other technology capable of displaying closed captioning for television programming. "Covered entity" means any place of public accommodation in Seattle. "Director" means the Director of the Seattle Office for Civil Rights. "Person" means one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons, and any political or civil subdivision or agency or instrumentality of the City. "Place of public accommodation" means any place, licensed or unlicensed, where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or any place, store, or other establishment that supplies goods or services with or without charge to the general public. "Place of public accommodation" includes, but is not limited to, the following types of services or facilities: hotels, or other establishments which provide lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters, soda fountains or other facilities principally engaged in selling or offering for sale food for consumption upon or off the premises; public restrooms; public elevators; motion picture houses, theatres, concert halls, sport arenas, stadiums, or other places of exhibition or entertainment; bowling alleys, pool halls, arcades, and amusement parks; retail establishments; transportation carriers; barber shops and beauty shops; bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises; and public burial facilities. "Public area" means any part of a place of public accommodation that is open to the general public. "Regular hours" means the hours of any day in which a place of public accommodation is generally open to members of the general public. "Respondent" means any person who is alleged or found to have committed a violation of regulations established in this Chapter 14.05. (Ord. 125805, § 1, 2019)

Seattle Mun. Code § 14.05.020 Requirements for closed captioning in places of public accommodation

14.05.020 - Requirements for closed captioning in places of public accommodation A. Any person owning or managing a place of public accommodation must activate closed captioning, with black background color, white text color, text size of 24, and text font of Arial, Calibri, Helvetica, Tahoma, or Verdana, on all closed-captioned television receivers in use in any public area during regular hours, except in the following circumstances: 1. No receiver of television programming of any kind is available in a public area of the place of public accommodations; 2. The only receiver of television programming available in a public area of the place of public accommodation is technically incapable of displaying closed captioning; or 3. If multiple television models are displayed together for sale in a public area, for each of those models, at least one closed-captioned television must be available for viewing. (Ord. 125805, § 1, 2019)

Seattle Mun. Code § 14.05.030 Enforcement

14.05.030 - Enforcement A. Powers and duties 1. The Agency shall investigate alleged violations of this Chapter 14.05 and shall have such powers and duties in the performance of these functions as are defined in this Chapter 14.05 and otherwise necessary and proper in the performance of the same and provided for by law. 2. The Director is authorized and directed to promulgate rules to enforce this Chapter 14.05. B. Reporting and investigation of violations. The Agency may investigate any violations of this Chapter 14.05. Individual reporting of a violation of this Chapter 14.05 should include a statement of the date, location, and entity or entities responsible for such violation. C. Advisory letter and notice of violation 1. If, after 180 days from the effective date of the ordinance introduced as Council Bill 119487, it is determined that a covered entity is not in compliance with the requirements set out in this Chapter 14.05, the Director shall, by service of an advisory letter by first-class mail or electronic mail, notify the respondent of the violation and request that the respondent provide a written response to the Director within 30 business days from the date of the advisory letter either disputing the occurrence of the violation or describing how the violation has been abated and how such violations will be prevented from reoccurring. 2. If the respondent fails to provide a written response within 30 business days, or the written response fails to reasonably satisfy the Director, the Director may issue a notice of violation. This notice of violation will include a requirement to pay a civil penalty of up to $125. Subsequent violations shall result in a civil penalty of up to $300. D. A respondent may appeal the violation by requesting a contested hearing before the Hearing Examiner in writing within 15 days of the date of the notice of violation. If the respondent fails to timely appeal the violation, the violation and accompanying civil penalty shall be final and enforceable. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day. E. Appeal procedure and failure to appear 1. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases. The Director shall have the burden of proof by a preponderance of the evidence before the Hearing Examiner. Failure to appear for a requested hearing will result in an order being entered finding that the cited respondent committed the violation stated in the Director's notice of violation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear. 2. In all contested cases, the Hearing Examiner shall enter an order affirming, modifying, or reversing the violation. In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter 14.05, the Hearing Examiner may consider: a. The extent and nature of the person's involvement in the violation; b. The harms, whether economic, financial or otherwise, which occurred or were suffered as a result of the violation; c. Whether the violations were isolated or temporary, or repeated or continuous; d. The magnitude and seriousness of the violation; e. The City's cost of investigating the violations and correcting or attempting to correct the violation; and f. Any other applicable facts bearing on the nature and seriousness of the violation. 3. If a respondent fails to comply with any final order issued by the Director or the Hearing Examiner, the Director may refer the matter to the City Attorney for the filing of a civil action a court of competent jurisdiction to enforce such order. (Ord. 125805, § 1, 2019)

Seattle Mun. Code § 14.05.040 Exclusions

14.05.040 - Exclusions A. This Chapter 14.05 shall not be interpreted or applied to diminish or conflict with any requirements of state or federal law. In the event of any conflict, state and federal requirements shall supersede the requirements of this Chapter 14.05. B. This Chapter 14.05 does not apply to programming that is exempt from closed captioning requirements under state or federal law. (Ord. 125805, § 1, 2019)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.05CLCAPLPUACFetched: 11/1/2026