HomeMy WebLinkAboutWCA-99-03s -
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
August 9. 1999
The continued Regular City Council was called to order by Mayor Cerveny at 6:00 p.m.
Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph
Mancinelli, and Janelle Shaver. Ken Siler was absent due to illness; Claudia Worth had illness
in the family. Also present: City Clerk, Wanda Sang; Acting City Manager, Bob Goebel; City
Attorney, Gerald Dahl arrived at 6:15 p.m.; Director of Parks & Recreation, Gary Wardle;
Director of Planning, Alan White; staff; and interested citizens.
APPROVAL OF MINUTES OF July 26, 1999
Motion by Mr. Eafanti for the approval of the Minutes of July 26, 1999; seconded by Mr.
Mancinelli; carried 6 -0.
TWs is a continued Item from July 26, 1999.
A
Tined Bdl l r�ifia ace x 6An Ordinance Repealing and Reenacting Chapter 3 of the
V eat Ridge Code of Laws Pertaining to the Regulation of Sexually Oriented Businesses.
L� Alan White, Planning Director, was sworn in by the Mayor; he addressed the changes that had
been requested by Council and pointed out the chart and maps that depict the areas which
would be commercially available after imposing the criteria of 1,000 foot separation from
parks, schools, daycare centers and other adult entertainment establishments and the 750
foot separation from residential zones, residentially uses A -1 and A -2 properties and churches.
Jerry Dahl informed Council that the attorney for the Adult Book Store had contacted him and
asked that Council grandfather in the book store so that they would not have to make any
changes to their current set -up. Council took no action on this request.
Motion by Mr. DiTullio to approve Council Bill 16 (Ordinance 1164), be adopted on second
reading with the second reading amendment attached to the staff report; seconded by Mr.
Eafanti; carried 6 -0.
E WHEgT AGENDA ITEM RECAP
U
AGENDA ITEM
v m
August 9, 1999
C OLORP��
QUASI - JUDICIAL _ X (ti
Yes No
_ PUBLIC HEARINGS _ CITY MGR. MATTERS _ ORDINANCES FOR 1 ST READING
_ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 2ND READING
_ BIDS/MOTIONS _ PUBLIC COMMENT _ RESOLUTIONS
INFORMATION ONLY ELEC. OFFICIALS MATTERS
AGENDA ITEM TITLE: Council Bill No. 16, An Ordinance Repealing and Reenacting
Chapter 3 of the Wheat Ridge Code of Laws Pertaining to the
Regulation of Sexually Oriented Businesses
SUMMARY/RECOMMENDATION: The proposed ordinance repeals the existing regulations dealing with
sexually oriented businesses. The new ordinance establishes revised
locational requirements for sexually oriented businesses, requires
licensing of these businesses, and establishes appearance and conduct
standards. Second reading was continued from July 26,1999. Approval
is recommended.
ATTACHMENTS:
1)J.Dahl & A. White Memo
2)Supplementary Exhibit
BUDGETED
ITEM: Yes No
Fund
Dept /Acct #
Budgeted Amount $
Requested Expend.
Requires Transfer/
Supp. Appropriation Yes No
SUGGESTED MOTION:
"I move to approve Council Bill No. 16, an ordinance repealing and reenacting Chapter 3 of the Wheat Ridge Code of
Laws pertaining to sexually oriented businesses, be adopted on second reading with the second reading amendment
attached to the staff report."
C: \MyFiles \WPFiles \Projects \seXbus \ccrecap3.wpd
AUG -03 -99 TUE 04:32 PM FAX N0. P. 02
MEMORANDUM
TO: Mayor and City Council
FROM: Gerald E. Dahl
Alan White, Director of Planning and Community Development
DATE: August 2, 1999
RE: Council Bill No. 16: Concerning Adult Oriented Businesses
As promised during Council's July 26 public hearing, we have asked the
City's consultant to produce a new exhibit and supporting information describing
what areas would be commercially available for use in the City for adult - oriented
uses when the following locational criteria were imposed:
1,000 foot separation from parks, schools, daycare centers and other
adult entertainment establishments
* 750 foot separation from residential zones, residentially used A -1 and
A -2 properties, and churches
The enclosed chart and maps depict the areas which would be commercially
available after imposing these criteria. The result is approximately 31 individually
addressed parcels of property. Taking into consideration, however, that the
location of an adult- oriented business on one of these parcels would effectively
preclude a number of adjacent parcels (because of the 1,000 and 750 foot
separation requirements), the actual number of new adult businesses which could
locate into the City under these restrictions would be approximately five.
We will be available at the continued public hearing on August 9, 1999 to
introduce this exhibit into the legislative record and to answer any further questions
Council might have.
GEDlmmw
Enclosures
GIMS3027h323727.01
AUG -03 -99 TUE 04:33 PM
FAX N0. P. 03
AN ORDINANCE REPEALING AND REENACTING CHAPTER 3 OF THE
WHEAT RIDGE CODE OF LAWS PERTAINING TO
REGULATION OF SEXUALLY ORIENTED BUSINESSES.
SECOND READING AMENDMENT BY COUNCILMEMBER
I move to amend Council Bill No. 16 as follows:
Amend proposed subsection 3.040.6 to read:
B. It is unlawful to operate or cause to be operated a sexually-
oriented business within seven hundred fifty (750) feet of the
property line of the following:
1. A church;
2 A lot zoned for residential use or zoned A -1 or A -2
and used for residential purposes,
Insert new subsection 3.040.0 to read:
C. It is unlawful to operate or cause to be operated a sexually -
oriented business within one thousand (1,000) feet of the
property line of the following:
1. A school or licensed child care facility;
2. A public park, recreational center, or
community center.
* Reletter former subsections 3.040.C, D, E and F as
subsecitons 3.040.D, E, F, and G.
* Amend the introductory phrase of new relettered subsection 3.040.17
to read as follows:
"F. For the purpose of Subsections B and C of this
section, .....
Amend the introductory paragraph of proposed Section 3.270 to read
as follows:
On the effective date of Ordinance 1999 -1644 there exists within the
City one (1) use which meets the definition of sexually- oriented bookstore,
sexually - oriented novelty store or sexually - oriented video store, as well as
the definition of sexually - oriented arcade. This use is located at:
12190 West 44`" Avenue, Wheat Ridge, Colorado 80033. On the effective
GED \52027\323225.01 1
AUG -03 -99 TUE 04:33 PM
FAX N0. P. 04
date of Ordinance 1999 -1644 there exists within the City one (1) use which
meets the definition of sexually - oriented bookstore or sexually- oriented video
store. This use is located at: and 10109 West 37 Place, Wheat Ridge,
Colorado 80033. These two uses were not regulated prior to the adoption
of Ordinance 1999 -1644, other than by the location requirements of the
previous version of this Chapter, and may continue to exist as legal
nonconforming uses after the effective date of said ordinance only if they
otherwise comply with the provisions of this Chapter.
* Amend the subparagraph 5 of Section 3.270 by the addition of the
phrase "increase in or relocation of display area" at the end of that
subsection.
GED\5nVQ23225.01 2
Richard C. Mosier, MAI
MAC TAGGART & MOSIER, INC.
Real Estate Appraisers and Consultants
3318 East Second Avenue
Denver, Colorado 80206
(303) 399 -5615
Fax(303)399 -5617
August 3, 1999
City of Wheat Ridge
7600 West 29 Avenue
Wheat Ridge, CO 80215
Attn.: Alan C. White, AICP
Planning and Development Director
Dear Mr. White:
Specializing in Urban,
Rural and Mountain
Property Appraisals
At your request I have consolidated my inventory analysis
of possible adult entertainment sites in Wheat Ridge, Colorado.
The presentation of the inventory is now shorter and easier to
read and incorporates the latest changes in separation from
protected uses and other adult entertainment uses in Wheat
Ridge. The attached spreadsheet lists only those ownership
parcels that meet all the criteria for allowing an adult
entertainment business. The definitions employed and the
process to arrive at the conclusion these sites may allow adult
entertainment is the same as described in my report to you dated
July 16, 1999.
The new separation criteria is:
750 feet of separation from residential zone
districts, residences in A -1 and A -2 zone districts,
and churches; and
1,000 feet separation from parks, schools, day
care and other adult entertainment.
Also attached are the Assessor's maps showing the location
of the ownership parcels that may allow adult entertainment
businesses.
Mr. Alan. C. White
Planning and Development Director
City of Wheat Ridge
August 3, 1999
Page 2
As concluded on the attached spreadsheet, there are six
general areas that will allow adult entertainment businesses.
These areas contain 31 ownership parcels and a total of 443,204
square feet of existing and potential building area.
Please do not hesitate to call if I can be of further
assistance.
Respe t ully Submitted,
Richard C. sier, MAI
General Certified Appraiser
in Colorado, #CG01313149
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CITY COUNCIL MINUTES: July 26, 1999
x
Page - 3 -
Item 2 Council Bill 16 -An Ordinance Repealing and Reenacting Chapter 3 of the
ro Wheat Ridge Code of Laws Pertaining to the Regulation of Sexually Oriented
Businesses.
Council Bill 16 was introduced on second reading by Mr. DiTullio, who also read the title and
summary; Clerk assigned Ordinance No 1164.
City Attorney, Jerry Dahl, was sworn in by the Mayor and explained the reasons for this
Ordinance and entered exhibits into the record.
Alan White was sworn in by the Mayor and gave background on how they arrived at the maps.
Motion by Mrs. Dalbec to continue this Item to the August 9, 1999 meeting at 6:00 p.m.;
seconded by Mr. DiTullio; carried 7 -1 with Mr. Siler voting no.
ORDINANCES ON FIRST READING
Item 3. .: ; ,- . Council Bill 18 -An Ordinance amending Section 26 -30(L) of the City of Wheat
�\ Ridge Code of Laws, concerning regulations applicable to the keeping of
animals.
Council Bill 18 was introduced on first reading by Mr. DiTullio, who also read the title.
Mr. Dahl pointed out various corrections that need to be made in the Ordinance.
The following speakers were present:
Tom Hammerschmidt, 3215 Flower Street, member of the Animal Control Commission,
speaking as a private citizen, stated that it isn't fair that horse owners are being legislated over
and over again, when so few complaints are filed. Was not in favor of the 15 ft setback,
doesn't accomplish anything.
Lizabeth Hill, 3215 Flower Street, spoke on behalf of her daughter and her daughter's horses,
that are members of their family; they moved to Wheat Ridge because of the zoning for large
animals and are afraid that this is changing. Spoke against the 15 ft setback; can't imagine
taking that much -room away from the horses.
Don Mac Dougall, 9815 West 39' Avenue, spoke against the 15 ft setback.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTULLIO
Council Bill No. 16
Ordinance No. 1164
Series of 1999
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 3
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
REGULATION OF SEXUALLY - ORIENTED BUSINESSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE
COLORADO. THAT:
Section 1 . Chapter 3 of the Wheat Ridge Code of Laws is� hereby repealed in
its entirety and reenacted to read as follows:
Chapter 3
SEXUALLY - ORIENTED BUSINESSES
Sections:
3.010 Findings of fact.
3.020 Legislative intent.
3.030 Definitions.
3.040 Location of sexually- oriented businesses.
3.050 License required -fee.
3.060 License application.
3.070 Determination of completed application.
3.080 Application fee.
3.090 Investigation.
3.100 Approval of license or denial of application.
3.110 Appeal of application denial.
3.120 Issuance of license.
3.130 Term of the license.
3.140 License renewal.
3.150 Suspension of license.
3.160 Revocation of license.
3.170 Display- Transferability - Change of ownership- Change of corporate
structure.
3.180 Manager- Change of manager.
3.190 Time limits for entertainment.
3.200 Standards of conduct.
3.210 Age restrictions.
3.220 Entertainer Requirement.
3.230 Entertainer License.
KLE \53027\314972.05
3.240
Lighting requirements.
3.250
Right of entry.
3.260
Signage and Exterior.
3.270
Nonconforming Use.
3.280
Inspection.
3.290
Enforcement.
3.330
Severability.
3.010 Findings of fact.
The City Council finds:
There are a'substantial number of sexually - oriented businesses in the Denver
metropolitan area that require regulation in order to protect and preserve the health,
safety, and welfare of the patrons of such businesses as well as the citizenry.
The City Council and staff have conducted a review of land use studies
concerning the secondary effects of sexually - oriented businesses in other cities
including:
1. Garden Grove, California
2. Tucson, Arizona
3. Austin, Texas
4. Oklahoma City, Oklahoma
5. Indianapolis, Indiana
6. Houston, Texas
7. Phoenix, Arizona
8. Amarillo, Texas
9. Los Angeles, California
10. New York, New York — two studies
11. Denver, Colorado
Regulation of sexually- oriented businesses furthers substantial governmental
interests and is necessary because, in the absence of such regulation, significant
criminal activity has historically and regularly occurred. This history of criminal
activity has included prostitution, narcotics and liquor law violations, violent crimes
against persons, and property crimes.
Sexually - oriented businesses are frequently used for unlawful and unhealthful
sexual activities, including prostitution and sexual liaisons of a casual nature.
The concern over sexually transmitted diseases, including AIDS, is a
legitimate health concern of the City which demands reasonable regulation of
sexually- oriented businesses in order to protect the health and well -being of
citizens.
KLE1530271314972.05 -2-
Sexually- oriented businesses have a deleterious effect on both neighboring
businesses and surrounding residential areas, causing an increase in crime and a
decrease in property values.
It is recognized that sexually- oriented businesses have serious objectionable
characteristics which should be reasonably regulated in order to protect substantial
governmental concerns, particularly when they are located in close proximity to
each other, thereby contributing to urban blight and downgrading the quality of life
in the adjacent area.
The City Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of citizens; preserve the quality of
life; preserve the property values and character of surrounding neighborhoods;
deter the spread of urban blight and protect citizens from increased crime.
It is necessary to have a manager on the premises of sexually- oriented
businesses at all times that such establishments are offering sexually- oriented
entertainment in .order to ensure an individual will be responsible for the overall
operation of the establishment, including the actions of patrons, entertainers and
other employees.
The license fees . required are necessary as nominal fees designed to help
defray the substantial expenses incurred by the City in regulating sexually- oriented
businesses; the fees are related to the actual costs of regulation.
Restricted hours of operation will further mitigate or prevent the adverse
secondary effects of sexually- oriented businesses.
Locational criteria alone do not adequately protect the health, safety, and
general welfare of citizens and thus, certain requirements with respect to the
licensing and operation of sexually- oriented businesses are in. the public interest.
Sexual acts, including masturbation and oral and anal sex, occur at sexually -
oriented businesses, especially those which provide private or semi - private booths
or rooms for viewing films, videos, or live sexually- oriented entertainment. Such
activities may result in spreading communicable diseases such as syphilis,
gonorrhea, and human immunodeficiency virus (HIV). Offering sexually- oriented
entertainment under conditions that encourage such activities creates unhealthy
conditions.
Sanitary conditions in some sexually - oriented businesses are unhealthy, in
part because of the failure of owners and operators to regulate those activities and
maintain their facilities.
Numerous studies and reports have determined that semen is found in the
areas of sexually- oriented businesses where persons view sexually- oriented films.
KLE15 302 7131 4 9 7 2.05
-3-
These findings raise substantial governmental concerns.
A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and operators of sexually -
oriented businesses. Further, such a licensing procedure will place a heretofore
nonexistent incentive on operators to ensure that sexually - oriented businesses are
run in a manner consistent with the health, safety and welfare of patrons and
employees, as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of the sexually -
oriented business, and fully in possession and control of the premises and activities
occurring therein.
The regulation of nudity in sexually- oriented businesses will further these
substantial governmental interests in preventing prostitution and other sex - related
crimes, including illegal sex acts, and protecting the public health, safety, and
welfare.
Removal of doors on viewing booths in sexually - oriented businesses and
requiring sufficient lighting on premises with viewing booths will advance the
substantial governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult arcades and theaters and will facilitate enforcement of
the provisions of this Chapter and other federal, state and local laws, thereby
furthering the substantial governmental interest of protecting the public health,
safety, and welfare.
Requiring sufficient lighting in all sexually- oriented businesses will advance
the substantial governmental interest in curbing illegal sexual activity on the
premises of sexually- oriented businesses, and will facilitate enforcement of the
provisions of this Chapter and other federal, state and local laws, thereby
furthering the substantial governmental interest in protecting the public health,
safety, and welfare.
A person who recently has been convicted of a specified criminal act as
defined herein is not an appropriate individual to operate or be employed in a
sexually- oriented business.
Barring such individuals from the management or and employment in
sexually- oriented businesses for a period of years serves as a deterrent to and
prevents the commission of sexually related criminal acts, including conduct which
leads to the transmission of sexually transmitted diseases.
It is necessary to license the officers, directors and managers of corporate
entities because of the control such persons have over the operation and
management of the business.
KLE \53027 \314972.05 -4--
It is necessary to limit the age of patrons and employees of sexually- oriented
businesses in order to protect them from the potentially harmful consequences
associated with such businesses. Sexually- oriented businesses with live
entertainers generate more police calls and vandalism than sexually- oriented
bookstores, sexually- oriented video stores or sexually - oriented novelty stores and,
therefore, it is reasonable to prohibit persons under the age of twenty -one (21)
from entering sexually- oriented businesses with live entertainers. Additionally, the
minimum age for the consumption of alcoholic beverages is twenty -one (21), and
sexually- oriented businesses with live entertainers generally sell alcohol.
3.020 Legislative intent.
It is the intent and purpose of this Chapter to regulate the time, place, and
manner in which sexually- oriented entertainment is presented in sexually- oriented
businesses to promote the health, safety, and general welfare of the citizens of the
City, and to establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually- oriented businesses within the City, thereby
reducing or eliminating the adverse secondary effects of sexually- oriented
businesses, and not to prohibit sexually- oriented entertainment or to curtail
constitutionally protected freedom of expression.
3.030 Definitions.
For the purposes of this Chapter, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
- Child Care Facility" means any facility, by whatever name known, licensed
by the State of Colorado and maintained for compensation, for the whole or any
part of a day, for the care of five (5) or more children under the age of sixteen (16)
years who are not related to the owner, operator or manager thereof.
"Church" means a location where organized religious services and associated
activities such as religious classes, child care, and committee and office work, and
parish house are regularly conducted. Reference to Church shall include all
religious facilities, regardless of denomination.
"Community Center" means a building or other structure which is City -
owned or used by the City that provides services to the community and is open to
the general public.
"Employee" means a person who performs any service or work on the
premises of a sexually- oriented business, including but not limited to, providing
entertainment, performing work of a management or supervisory nature, or
performing support functions, on a full -time, part-time or contract basis, whether or
not the person is denominated an employee, independent contractor, agent or
otherwise and whether or not said person is paid a salary, wage or other
KLE \53027 \314972.05 -5-
compensation by the operator of said business. Employee does not include a
person on the premises exclusively for repair or maintenance of the premises or
equipment on the premises, or for the delivery of goods to the premises.
"Entertainer" means a person who performs, dances, or otherwise entertains
while nude or semi -nude in a sexually - oriented business regardless of whether or
not said person is paid a salary, wage, or other compensation for said performance.
"Nude model studio" means any place where a person who appears semi-
nude, in a state of nudity, or who displays specified anatomical areas, is provided
to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons. Nude Model Studio shall not include a proprietary
school licensed by the State of Colorado or a college, junior college or university
supported entirely or in part by public taxation, a private college .or university which
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or a
business in a structure:
A. That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi -nude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least
three (3) days in advance of the class; and
C. Where no more than one (1) nude or semi -nude model is on the
premises at any one time.
"Nudity" or a "state of nudity" means the display of specified anatomical
areas.
"Park" means a park, reservation, playground, beach, recreation area,
bikeway, trail, greenbelt, or other area in the City owned or used by the City and
devoted to active or passive recreation, including developed and undeveloped land.
"Performance" means a play, motion picture, dance, or other exhibition
performed before an audience.
"Recreational Center" means land, buildings, structures or equipment used in
recreational activities, owned or operated by a government agency.
"School" means an institution for instruction. _ Schools are classified by the
type of instruction provided and by student grade level.
A. College /University: A school providing higher education beyond grade
12, which offers either a two -year or four -year degree in specific disciplines;
KLE \530271314972.05 -6-
B. K -12: A school, public or private, which meets State standards for
providing instruction for students between five (5) and twenty -one (21) years of
age, including, but not limited to, vocational schools and special education schools.
"Semi -nude" means a state of dress in which clothing covers no more than
the genitals, pubic region, or any portion of the female breast below the top of the
areola, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter center" means a business or commercial establishment or
private club that regularly offers, for any form of consideration, a place where two
(2) or more persons may congregate, associate, wrestle or consort when one (1) or
more of the persons is in a state of nudity or semi -nude. This definition does not
apply to any actions in compliance with Article X of Chapter 16 of the Wheat Ridge
Code of Laws (Massage Parlors) or any treatment or examination of another person
for a bona fide medical purpose when such treatment or examination is conducted
in a manner substantially consistent with reasonable medical practices.
"Sexually- oriented arcade` means any commercial establishment or private
club where, for any form of consideration, one or more still or motion picture
projectors, slide projectors, or similar machines, or other image producing
machines, for viewing by five or fewer persons per machine at any one time, are
used to regularly show films, motion pictures, video cassettes, slides, or other
photographic reproductions or mechanically, electronically, chemically, or digitally
reproduced visual materials characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas.
"Sexually- oriented bookstore," "sexually- oriented novelty store" or "sexually-
oriented video store" means a commercial establishment which devotes a
significant or substantial portion of its business to any one (1) or more of the
following:
A. The sale, rental or viewing, for any form of consideration, of books,
magazines, periodicals or other printed matter. or photographs, films, motion
pictures, videocassettes, slides or other photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas;
B. Instruments, devices, or paraphernalia which are designed for use or
marketed primarily for engaging in specified sexual activities;
C. A significant or substantial portion of its business is shown by
characteristics including, but not limited to, some or all of the following:
A significant or substantial portion of its stock in trade consists of the items
listed in A. and /or B. above; or
KLEMO27 \314972.05
_7_
A significant or substantial portion of its revenues is derived from the rental
or sale of items listed in A. and /or B. above; or
A significant or substantial portion of its floor space, shelf space or storage
space is devoted to the items listed in A. and /or B. above; or
A significant or substantial portion of its advertising is devoted to the items
listed in A. and /or B. above.
"Sexually- oriented business" means a sexually - oriented arcade, sexually -
oriented bookstore, sexually - oriented cabaret, sexually- oriented novelty store,
sexually- oriented video store, nude modeling studio, sexually- oriented motel,
sexually- oriented motion picture theater, sexual encounter center, or any adult
entertainment establishment as described elsewhere in this Code'of Laws.
"Sexually- oriented cabaret" means a nightclub, bar, restaurant, concert hall,
auditorium, or other commercial establishment or private club which regularly
features or presents live sexually- oriented entertainment.
"Sexually- oriented entertainment" means any' exhibition, display, or dance
which involves the exposure to view of specified anatomical areas or specified
sexual activities.
"Sexually- oriented motel" means a hotel, motel or similar commercial
establishment which:
A. Offers accommodations to the public for any form of consideration
and provides patrons with closed- circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas; or
B. Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub -rent the room
for a period of time that is less than ten (10) hours.
"Sexually- oriented motion picture theater" means any commercial
establishment or private club, where for any form of consideration, films, motion
pictures, video cassettes, slides or similar photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials are
regularly shown which are characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas. Any
KLE153027 \314972.05 -B-
establishment meeting the definition of a sexually- oriented arcade is not considered
a sexually- oriented motion picture theater.
"Specified anatomical areas" means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately above the top
of the areolae; or
C. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified criminal act" means any offense which is included in the definition
of "unlawful sexual behavior" under Section 18 -3- 412.5, C.R.S., Sex Offenders -
Duty to Register - Penalties, or any offense committed in another state that, if
committed in the State of Colorado, would constitute an offense involving unlawful
sexual behavior, or any offense that has a factual basis of one (1) of the offenses
specified in the definition of "unlawful sexual behavior." Specified criminal act also
includes any offense involving soliciting for prostitution, prostitution, patronizing a
prostitute, pandering, pimping, public indecency, or the distribution or possession
of obscene materials.
"Specified . sexual activities" means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B. Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, sodomy, or beastiality.
C. Flagellation, mutilation or torture for purposes of sexual arousal,
gratification, or abuse.
D. Human genitals in a state of sexual stimulation, arousal, or
tumescence; or
E. Excretory functions as part of or in connection with any of the
activities set forth in Subsections A. through D. of this definition.
3.040 Location of sexually - oriented businesses.
A. It is unlawful to. operate or cause to be operated a sexually- oriented
business in any location except as provided in the Wheat Ridge Code of Laws.
B. It is unlawful to operate or cause to be operated a sexually- oriented
business within seven hundred fifty (750) feet of the property line of the following:
KLE1530271314972.05 -9-
1. A church;
2. A lot zoned for residential use or zoned A -1 or A -2 and used for
residential purposes.
C. It is unlawful to operate or cause to be operated a sexually - oriented
business within one thousand (1,000) feet of the property line of the following:
1. A school or licensed child care facility;
2. A public park, recreational center, or community center.
D. It is unlawful to cause or permit the operation or maintenance of more
than one (1) sexually - oriented business in the same building, structure, or portion
thereof.
E. For the purpose of subsections B. and C. of this Section, the distance
between a sexually- oriented business and the premises of a church; school, child
care facility, public park, recreational center, community center, residential district,
or a residential lot shall be measured in a straight line, without regard to intervening
structures, objects or City limits, from the closest exterior wall of the structure in
which the sexually- oriented business is located to the property line of such uses.
F. A sexually- oriented business lawfully operating is not rendered a
nonconforming use by the subsequent location of a church, school, child care
facility, public park, recreational center, community center, residential district, or a
residential lot within seven- hundred fifty (750) feet of the sexually- oriented
business; however, if the sexually- oriented business ceases operation for a period
of sixty (60) days or more regardless of any intent to resume operation, it may not
recommence operation in that location.
3.050 License required -fee.
A. No person shall conduct or . operate a sexually- oriented business
without first having obtained a sexually- oriented business license issued by the City
as required by this Chapter. Each applicant shall pay a license fee of five hundred
dollars ($500.00).
B. In the event an application for a sexually- oriented business license is
withdrawn prior to issuance or is denied, the license fee shall be refunded in full to
the applicant. The license fee is in addition to any application fee required by this
Chapter.
3.060 License application.
A. All applicants for a sexually- oriented business license shall file a
completed application for such license with the Planning Director on forms to be
KLE\53027 \314972.05 -10-
provided by the Planning Director. Each individual applicant, partner of a
partnership, officer or director of a corporation, and manager of a limited liability
company and all business managers, shall be named in each application form, and
each of them shall be photographed and fingerprinted by the Wheat Ridge Police
Department.
B. The completed application shall contain the following information and
shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state such person's
legal name and any aliases and submit satisfactory proof (1) that the individual is
eighteen (18) years of age or older, or (2) if the sexually - oriented business will have
live sexually- oriented entertainment, that the individual is twenty -one (21) years of
age or older;
b. A partnership, the partnership shall state its complete
name and the names of all partners, whether the partnership is general or limited,
and provide a copy of the partnership agreement, if any;
C. A corporation, the corporation shall state its complete
name, the date of its incorporation, evidence that the corporation is in good
standing under the statutes of the State of Colorado, or in the case of a foreign
corporation, evidence that it is currently authorized to do business in the State of
Colorado, the names and capacity of all officers, directors, and the name of the
registered corporate agent and the address of the registered office for service of
process;
d. A limited liability company, the company shall state its
complete name, the date of its formation, evidence that the company is in good
standing under the statutes of the State of Colorado, or in the case of a foreign
company, evidence that it is currently authorized to do business in the State of
Colorado and the name of its members, the manager, and registered agent and the
address of the registered office for service of process.
2. The applicant shall state whether the applicant or any other
individual listed pursuant to Subsection A. of this Section has previously operated
or is currently operating or has been employed at an unlicensed sexually- oriented
business as defined in this Chapter or has had a previous sexually- oriented business
license under this Chapter or other sexually - oriented business ordinances,
resolutions or other regulations from another city or county denied, suspended or
revoked, or declared a public nuisance, including the name and location of the
sexually- oriented business for which the permit was denied, suspended or revoked,
or been declared a public nuisance, as well as the date of the denial, suspension or
revocation. Additionally, the applicant shall state whether the applicant or any
KLE15 302 713 1 4 9 72.05 -11-
other individuals listed pursuant to Subsection A. of this Section has been a partner
in a partnership or an officer or director of a corporation or manager of a limited
liability company of a sexually- oriented business whose license has previously been
denied, suspended or revoked, including the name and location of the sexually -
oriented business for which the license was denied, suspended or revoked, as well
as the date of the denial, suspension or revocation. State whether the applicant or
any other individual listed pursuant to Subsection A. of this Section holds any other
licenses under this Chapter or other similar sexually- oriented business ordinance
from another city or county and, if so, the names and locations of such other
permitted businesses;
3. The location of the proposed sexually- oriented business,
including a legal description of the property, street address, and telephone
number(s), if any;
4. Proof of the applicant's right to possession of the premises
wherein the sexually- oriented business will be conducted;
5. The applicant's mailing address and residential address;
6. The applicant's social security number, driver's license number
and /or federally issued tax identification number or, if the applicant is not a natural
person, provide such information for the individuals listed in subsections B.1.b; c;
and d;
7. A floor plan of the licensed premises which specifies the
location and dimensions of any manager's station and demonstrates that there is
an unobstructed view from at least one (1) of the managers' station of every area
of the premises to which any patron is permitted access for any purpose excluding
restrooms. The floor plan shall designate exits, entrances, doors, walls and those
rooms or other areas of the premises where patrons are not permitted and shall
also designate the use of each room or other area of the premises. The floor plan
shall also demonstrate that it complies with Section 3.200. The floor plan need
not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or
minus six (6) inches. The diagram shall designate the place at which the license
will be conspicuously posted and the location of any stage. A manager's station is
not required, and heed not be shown on the floor plan, for a sexually- oriented
motion picture theater, sexually- oriented motel, sexually- oriented bookstore,
sexually- oriented novelty store, or sexually - oriented video store;
8. A current improvement location certificate and straight -line
drawing prepared by a land surveyor, both prepared within thirty (30) days prior to
the application. Additionally, said document shall depict the property lines and the
structures containing any sexually- oriented business within one thousand (1000)
KLE1530271314972.05 -12-
feet of the closest exterior wall of the structure in which the applicant business will
be located and depicting the property line of any church, school, child care facility,
public park, recreational center, community center, residential zone district, or a
residential lot within seven hundred fifty (750) feet from the closest exterior wall of
the structure in which the applicant business will be located;
9. Evidence from the applicant that the proposed location of such
business complies with the locational requirements of the zoning ordinance;
10. A verified affidavit that the proposed sexually- oriented business
and its location comply with and conform to all requirements of this Chapter;
11. The applicant shall provide a statement regarding whether the
applicant or any person pursuant to Subsection A of this section has been arrested
for a specified criminal act, the date of the arrest, and the jurisdiction and location
of the offense.
12. If the applicant intends to operate the sexually - oriehted business
under a name other than that of the applicant, the applicant shall state the
fictitious name to be used and submit copies of documentation evidencing the
registration of the business name under applicable laws.
3.070 Determination of completed application.
A. Not more than ten (10) days following submission of an application,
the Planning Director shall review the application for completeness and
conformance with the application requirements of Section 3.060. The Planning
Director shall not accept for filing any application that is not complete in every
detail. If an omission or error is discovered by the Planning Director, the
application will be rejected by the Planning Director and returned to the applicant
together with a written explanation of the omission or error without further action
by the Planning Director. Any application rejected by the Planning Director due to
an omission or error may be resubmitted to the Planning Director when the
omission or error has been remedied. For the purposes of this Chapter, the date
the Planning Director determines that an application is complete and in
conformance with the application requirements of Section 3.060 in every detail
shall be the date the application is deemed filed with the Planning Director.
B. All applicants shall promptly notify the Planning Director in writing in
the event that any information contained in an application has changed or any
information is discovered by the applicant to be incorrect in any way from what is
stated on the application, and every applicant shall have the continuing duty to .
promptly update and supplement such information during the term of any sexually -
oriented business license issued to the applicant. The failure to notify the Planning
Director in accordance with this section within thirty (30) days from the date of
such change or discovery, by supplementing or updating the application on file with
KLE \53027 \314972.05 - - 13-
the Planning Director, shall be grounds for revocation of any application approval
or, where a license has been issued, suspension or revocation of an issued
sexually- oriented business license.
3.080 Application fee.
Each applicant, whether an individual, partnership, limited liability company,
or corporation, shall pay the following application fees at the time of submitting
any application to the Planning Director:
A. An application processing fee of one hundred fifty dollars ($150).
Such application fee shall be nonrefundable.
B. An application investigation fee in the amount then charged by the
Wheat Ridge Police Department for each person who will be investigated as
required by this Chapter. Such application investigation fee shall be nonrefundable
following a determination by the Planning Director that the application is complete
in accordance with Section 3.070. The application investigation fee shall be
refunded upon written request by the applicant in the event that the applicant
withdraws its application prior to the Planning Director's determination that the
application is complete.
3.090 Investigation.
A. Without undue delay following the Planning Director's determination
that an application is complete, the Planning Director shall transmit the application
to the Wheat Ridge Police Chief, who shall cause the investigation of the
background of each individual applicant, manager, the partners of a partnership, the
officers and directors of a corporation and the manager of a limited liability
company and manager of the sexually - oriented business and the accuracy of the
information provided in the application. The investigation is intended to provide an
opportunity to determine whether the application is in conformance with the
requirements of this Chapter based on information and resources available to the
City and to determine if any applicant or those listed in Subsection A. of
Section 3.060 or manager has been convicted of a specified criminal act. The
results of such investigation shall not be interpreted or construed as constituting an
affirmation or verification by the City that the information contained in the
application is factually correct or accurate.
B. Within five (5) days of receipt of an application for a sexually- oriented
business license, the Planning Director shall notify the local Fire Marshal, the local
Building Inspector, and the Jefferson County Health Department of such
application. In making such notification, the Planning Director shall request that
the Fire Marshal and Health Commissioner promptly inspect the premises for which
the sexually- oriented business license is sought to assess compliance with the
regulations under their respective jurisdictions.
KLE\53027 \314972.05 -14-
C. The Fire Marshal shall provide to the Planning Director a written
certification of whether the premises are in compliance with the Fire Code within
ten (10) days of receipt of notice of the application.
D. The Building Inspector shall commence the inspection of the premises
for which a sexually- oriented business license is sought promptly . upon receipt of
notice of the application, and shall complete a written certification of whether the
premises are in compliance with the Building Code, the Planning and Zoning Code,
and the provisions of this Chapter related to physical characteristics of the
premises within fifteen (15) days after receipt of the application.
E. The Planning Director may cause to be conducted any other
investigation deemed necessary by the Planning Director to determine the
application's conformance with any requirement of this Chapter including, but not
limited to, an investigation of the proposed sexually- oriented business location's
conformance with the Wheat Ridge Code of Laws, or other applicable laws.
3.100 Approval or denial of application.
A. A completed license application filed with the Planning Director shall
be administratively approved or denied by the Planning Director within thirty (30)
days of the date of the filing of a complete application. The Planning Director shall
deny a license application if:
1. The applicant is under the age of eighteen (18) years or, if the
sexually- oriented business will provide, conduct, feature, show, or present live
sexually- oriented entertainment, under the age of twenty -one (21) years;
2. The application or any investigation performed by the City
demonstrates or establishes that the proposed sexually- oriented business fails to
conform to any requirement of this Chapter, the Wheat Ridge Code of Laws, or
other applicable law;
3. The applicant knowingly made a false statement or knowingly
gave false information in connection with the application;
4. The individual applicant or a director or officer of a corporation, .
partner of a partnership, or manager of a limited liability company or manager of
the sexually - oriented business has had a sexually - oriented business license revoked
or suspended within five (5) years prior to the application;
5. The individual applicant or a director or officer of a corporation,
or partner of a partnership or manager of a limited liability company or manager of
the sexually- oriented business has operated a sexually - oriented business which was
determined to be a public nuisance under state, federal or local law within five (5)
years prior to the application;
KLE \530271314972.05 -15-
6. A corporate applicant or limited liability company applicant is
not in good standing or authorized to do business in the State of Colorado;
7. The individual applicant, manager, director or officer of a
corporation, partner of a partnership, or manager of a limited liability company has
been convicted of a specified criminal act for which:
a. Less than two (2) years have elapsed since the date of
the conviction or the date of release from confinement or supervision, whichever is
the later date, if the conviction is of a misdemeanor offense; or
b. Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement or supervision, whichever is the
later date, if the conviction is of a felony offense; or
C. Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement or supervision whichever is the
later date, if the convictions are of two or more misdemeanors. The fact that a
conviction is being appealed shall have no effect on the disqualification of the
applicant. For the purposes of this subsection, "convicted" includes having
pleaded guilty or nolo contendere to a specified criminal act or any offense for
which the factual basis involved one of the specified criminal acts. "Convicted"
includes persons who have received a deferred judgment and sentence or a
deferred adjudication for a specified criminal act or any offense for which the
factual basis involved one of the specified criminal acts; or
8. The applicant is overdue in payment to the City of taxes, fees,
fines, or penalties assessed against the applicant or imposed against the applicant
in relation to a sexually - oriented business.
B. In the event that the Planning Director approves a license application,
the Planning Director shall make a written finding that the application conforms to
the requirements of this Chapter based on the information available and the
investigation performed by the City. The Planning Director may make additional
findings as deemed necessary to identify the Planning Director's basis for approval.
The written finding(s) shall be sent by certified mail to the address of the applicant
as shown in the application within ten (10) days after the date of the Planning
Director's approval. Nothing in this Chapter shall prevent or preclude the Planning
Director from revoking such approval where it is discovered that the application
contained or included a false or incorrect statement or false or incorrect information
which would otherwise constitute sufficient grounds or basis for the denial of the
application. Approval of a license application shall not constitute issuance of a
sexually- oriented business license. Issuance of a license shall be made only in
accordance with Section 3.120. The decision of the Planning Director to approve a
KLE\53027 \314972.05 -16-
license application shall not be construed as a quasi - judicial act but shall be a final
administrative decision of the City.
C. The Planning Director's approval of a license application shall be valid
for one (1) year following the date of approval. Failure to obtain the issuance of
the license pursuant to Section 3.120 within such .one -year period shall require the
submission of a new application.
D. In the event that the Planning Director denies a license application, the
Planning Director shall prepare written findings: of fact and a decision stating the
reasons or basis for the denial. A copy of the Planning Director's findings and
decision shall be sent by certified mail, return receipt requested, to the address of
the applicant as shown in the application within ten (10) days after the date of the
Planning Director's denial. The Planning Director's decision to deny a license
application shall become a final administrative decision of the City on the
fourteenth (14th) day following the date of the decision unless the applicant files a
timely request for appeal to the City .Manager or designee as provided by
Section 3.110.
3.110 Appeal of application denial.
A. In the event that the Planning Director denies a license application, an
applicant shall have the right to a quasi - judicial hearing before the City Manager or
designee for the purpose of appealing the Planning Director's administrative
decision. A written request for a hearing shall be made to the City Manager or
designee within ten (10) days of the date of the mailing of the Planning Director's
written findings and decision denying the license application. The hearing shall be
conducted within ten (10) days of the City Manager's or designee's receipt of the
written request for a hearing unless a later date is requested by the applicant.
B. Upon receipt of a timely request for a hearing, the City Manager or
designee shall schedule a hearing and notify the applicant of the date, time, and
place of the hearing. Such notification may be made by the City by telephone
provided that a written notice shall also be mailed or delivered to the applicant at
the applicant's address shown in the application. An applicant may be represented
at the hearing by an attorney or other representative. An applicant or the City may
request a continuation or postponement of the hearing date.
C. The City Manager or designee shall have the power to administer
oaths, "issue subpoenas to require the presence of persons, and when necessary,
grant continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
KLE \530271314972.05 -17-
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney may:
1. Petition any judge of the Municipal Court of the City, setting
forth that due notice has been given of the time and place of attendance of the
witness and the service of the subpoena, requesting that the court, after hearing
evidence in support of or contrary to the petition, enter its order compelling the
witness to attend and testify or produce books, records or other evidence, under
penalty of punishment for contempt in case of willful failure to comply with such
order of court; or
2. Petition the District Court in and for the county, setting forth
that due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, requesting that the court, after hearing evidence
in support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
D. At the hearing, the City Manager or designee shall hear and consider
.such evidence and testimony presented by the City, the applicant, or any other
witnesses presented by the City or the applicant which are relevant to the stated
reason and basis for the Planning Director's denial of the license application. The
City Manager or designee shall conduct the hearing in conformity with quasi- judicial
proceedings and shall permit the relevant testimony of witnesses, cross -
examination, and presentation of relevant documents and other evidence. The
hearing shall be recorded stenographically or by electronic recording device. Any
person requesting a transcript of such record shall pay the reasonable cost of
preparing the record.
E. Not less than ten (10) days following the conclusion of the hearing,
the City Manager or designee shall send a written order by certified mail, return
receipt requested, to the applicant at the address as shown on the application. The
order shall include findings of fact and a final decision concerning the approval or
denial of the application. In the event that the City Manager or designee concludes
that the application is approved, such approval shall constitute approval by the
Planning Director, and the applicant may seek issuance of a license in accordance
with this Chapter.
F. The order of the City Manager or designee made pursuant to this
section shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the
District Court, the City Manager's or designee's decision shall be final upon the
earlier of the date of the applicant's receipt of the order or four (4) days following
the date of mailing.
KLE \53027 \314972.05 -18-
G. To facilitate prompt judicial review of any appeal to the District Court
pursuant to Colorado Rules of Civil Procedure 106(a)(4), the City shall agree to an
expedited briefing schedule in which each of the deadlines otherwise required for
filing of the opening brief, answer brief and reply brief are shortened by at least ten
(10) days. The City shall proffer to the applicant a joint motion to the court
requesting prompt judicial attention to, and acceleration of, the appeal in
accordance with Colorado Rules of Civil Procedure 106(a)(4)(Vllq.
3.120 Issuance of license.
A. No license shall be issued by the Planning Director after approval of an
application until such time as the building in which the business is to be conducted
is ready for occupancy with such furniture, fixtures, and equipment in place as are
necessary to comply with the provisions of this Chapter and other applicable codes
of the City or State, and then only after inspection of the premises and certification
that the applicant has complied with the plans and specifications approved by the
City with the application. Such inspection of the premises shall be made within ten
(10) days after the Planning Director receives written notification from the applicant
that the applicant desires inspection of the premises and the issuance of a license.
B. If the licensed business premises has been closed or inactive for at
least sixty (60) days, the Planning Director may revoke or elect not to renew the
license.
3.130 Term of the license.
All licenses issued pursuant to this Chapter shall be valid for twelve (12)
months from the date of issuance, unless sooner revoked.
3.140 License renewal.
A. Renewal of an existing license issued pursuant to this Chapter shall be
granted upon the payment of the annual licensing fee of two hundred fifty dollars
($250.00) and the filing of a completed renewal application with the Planning
Director not less than forty -five (45) days prior to the date of license expiration.
The Planning Director may waive the timely filing requirement where the licensee
demonstrates in writing that the failure to timely file is not solely the result of the
applicant's neglect; provided that no renewal application shall be accepted by the
Planning Director from any licensee after the license expires.
B. A license that is under suspension may be renewed for the next
calendar year in accordance with this section provided that such renewal shall not
modify, alter, terminate, or shorten the period or term of the suspension. The
suspension of a license shall not extend the term of the license or otherwise relieve
the licensee from timely seeking renewal of the license in accordance with this
section.
KLE \530271314972.05 _19-
3.150 Suspension of license.
A. The City Manager or designee may suspend a license for a period not
to exceed six (6) months upon a finding of any of the following factors:
1. Two (2) or more disturbances have occurred within a six (6)
month period upon the licensed premises or upon any parking areas, sidewalks,
access ways or grounds within the immediate neighborhood of the licensed
premises involving a patron or customer, manager, employee, or the licensee;
2. The licensee, manager, or any employees thereof illegally
offered for sale or illegally allowed to be consumed or possessed upon the licensed
premises, or upon any parking areas, sidewalks, walkways, access ways or
grounds immediately adjacent to the licensed premises, narcotics or dangerous
drugs or fermented malt beverages, or malt, vinous or spirituous liquors;
3. The licensee or manager is not upon the licensed premises at all
times that the sexually- oriented business is open for business or at all .times when
the business premises is occupied by any employee, agent, invitee, or other person;
4. Sexually- oriented entertainment was offered at the licensed
establishment or the sexually - oriented business was open for business during hours
prohibited by this Chapter;
5. The licensee, manager, or employee has allowed or permitted
patrons to engage in public displays of indecency or has allowed or permitted
patrons or employees to engage in acts of prostitution or negotiations for acts of
prostitution within the licensed establishment or upon any parking areas, sidewalks,
access ways, or grounds immediately adjacent to the licensed establishment;
6: The licensee or manager knowingly made a false statement or
knowingly gave false information in connection with an application for a license or
a renewal of a license;
7. The licensee, manager, or employee knowingly violated or
knowingly allowed or permitted a violation of any provision of this Chapter;
8. A manager or employee of the licensed establishment is under
the age of eighteen (18) years or, if live sexually - oriented entertainment is
performed, provided, featured, shown, or presented at the sexually- oriented
business, a manager is under the age of twenty -one (21) years;
9. The licensee, in the case of a corporation or limited liability
company, is not in good standing or authorized to do business in the State of
Colorado;
KLE \53027 1314972.05 -20-
10. The licensee is delinquent in payment to the City or State for
any taxes or fees past due; or
11. The licensee, manager, or employee has allowed specified
sexual activities to occur within the licensed premises.
B. Nothing in this Chapter shall prohibit the City from taking any other
enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the
State, or of the United States.
C. A licensee shall be entitled to a quasi - judicial hearing before the City
Manager or designee if the City seeks to suspend a license based on a violation of
this Chapter.
1. When there is probable cause to believe that a licensee has
violated or permitted a violation of this Chapter to occur in or near the licensed
establishment, the City Attorney may file a written complaint with the City
Manager or designee setting forth the circumstances of the violation.
2. The City Manager or designee shall send a copy of the
complaint by certified mail, return receipt requested, to the licensee at the address
as shown on the license application, together with a notice to appear before the
City Manager or designee for the purpose of a hearing to be conducted at a
specified date and time and at a place designated in the notice to show cause why
the licensee's license should not be suspended. Such hearing shall be held on a
date not less than fourteen (14) days following the date of mailing of the complaint
and notice to the licensee.
D. At the hearing, the City Manager or designee shall hear and consider
such evidence and testimony presented by the Police Department or other
enforcement officers, the City, the licensee, or any other witnesses presented by
the City or the licensee which are relevant to the violations alleged in the
complaint. The City Manager or designee shall conduct the hearing in conformity
with quaskjudicial proceedings and shall permit the relevant testimony of
witnesses, cross examination, and presentation of relevant documents and other
evidence. The hearing shall be recorded stenographically or by electronic recording
device. Any person requesting a transcript of such record shall pay the reasonable
cost of preparing the record..
E. The City Manager or designee shall make written findings of fact from
the statements and evidence offered and shall reach a conclusion as to whether the
alleged violations occurred. Such written findings and conclusion shall be prepared
and issued not less than ten (10) days following the conclusion of the hearing. If
the City Manager or designee determines that a violation did occur which warrants
suspension of the license pursuant to this section, the City Manager or designee
shall also issue an order suspending the license. A copy of the findings,
KLE \53027 \374972.05 -21-
conclusion, and order shall be hand delivered or mailed to the licensee by certified
mail, return receipt requested, at the address as shown on the license application.
F. For purposes of any appeal to the District Court, the City Manager's or
designee's decision shall be final upon the earlier of the date of the applicant's
receipt of the findings, conclusion, and order or four (4) days following the date of
mailing of the City Manager's or designee's decision. The order of the City
Manager or designee shall be a final decision and may be appealed to the District
Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Any suspension
ordered by the City Manager or designee may be stayed and held in abeyance
following the filing of a complaint for judicial relief and until a final conclusion of
the matter by the District Court. To facilitate prompt judicial review of any appeal
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4), the
City shall agree to an expedited briefing schedule in which each of the deadlines
otherwise required for filing of the opening brief, answer brief and reply brief are
shortened by at least ten (10) days.. The City shall proffer to the applicant a joint
motion to the court requesting prompt judicial attention to, and acceleration of, the
appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4)(VIII).
G. The City Manager or designee shall have the power to administer
oaths, issue subpoenas to require the presence of witnesses, and when necessary,
grant continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney shall:
1. Petition any judge of the Municipal Court of the City, setting
forth that due notice has been given of the time and place of attendance of the
witness and the service of the subpoena, requesting that the court, after hearing
evidence in support of or contrary to the petition, enter its order compelling the
witness to attend and testify or produce books, records or other evidence, under
penalty of punishment for contempt in case of willful failure to comply with such
order of court; or
2. Petition the District Court in and for the county, setting forth
that due notice has been given. of the time and place of attendance of the witness
and the service of the subpoena, requesting that the court, after hearing evidence
in support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
KLE \530271314972.05 -22-
H. In the event of suspension or cessation of business, no portion of the
license fee shall be refunded.
3.160 Revocation of license.
A. The City Manager or designee may revoke any license granted
pursuant to this Chapter upon a finding that either:
1. Two (2) or more violations of the provisions warranting
suspension contained in Section 3.150 have been found to exist during a two (2)
year period; or
2. The sexually- oriented business was operated and open for
sexually oriented entertainment during a period of time when the sexually- oriented
business license was suspended.
B. Nothing in this Chapter shall prohibit the City from taking any other
enforcement action provided for by the Wheat Ridge Code of Laws.
C. Where the City seeks to revoke a license, a licensee shall be entitled
to notice, a quasi- judicial hearing before the City Manager or designee, and the
right to appeal conducted in the same manner as a 'hearing for suspension as
provided by Section 3.150.
3.170 Display- transferability - change of ownership- change of corporate
structure.
A. Any sexually- oriented business license issued pursuant to the terms of
this Chapter shall be prominently displayed at all times upon the premises for which
the license was issued.
B. Licenses issued under this Chapter shall not be transferable, sold, or
leased except as provided herein. Any change in the partners of a partnership or in
officers or directors of a corporate licensee or manager of a limited liability
company holding a. sexually- oriented business license shall result in termination of
the license of the partnership or corporation, unless such licensee, within thirty
(30) days of any such change, files a written notice of such change accompanied
by the application fee and an investigation fee as required by this Chapter. Any
such change shall be reported on forms provided by the Planning Director and shall
require the names of all new partners of a partnership, officers, and directors of a
corporation, and the manager of a limited liability company and any information as
required by Section 3.060. Approval or denial by the Planning Director of such
transfer shall be upon the same terms as provided for in this Chapter for the
approval or denial of a sexually- oriented business license.
KLE153027 1314972.05 -23-
C. When a license has been issued to a husband and wife or to general or
limited partners, the death of a spouse or partner shall not require the surviving
spouse or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors for
the balance of the license.
D. Each license issued under this Chapter is separate and distinct, and no
person shall exercise any of the privileges granted under any license other than that
which he holds. A separate license shall be issued for each specific business or
business entity and each geographical location. :
3.180 Manager- Change of manager.
A. A registered manager shall be on the premises of a sexually- oriented
business at all times that sexually- oriented entertainment is being provided,
performed, featured, shown or presented. A sexually- oriented business may have
more than one registered manager. It shall be unlawful for any person to work as a
manager of a sexually- oriented business without first registering with the Planning
Director. No manager shall work in a sexually- oriented business who has been
convicted of a specified criminal act within the time frames set forth in
Subsection 3.100A.(7) and as so defined.
B. In the event a licensee changes the manager of a sexually- oriented
business, the licensee shall immediately report such change and register the new
manager on forms provided by the Planning Director within ten (10) days of such
change. The fee for investigation of a new manager shall be fifty dollars ($50.00).
The Planning Director shall cause the application to be investigated and shall
approve or disapprove the change of manager within ten (10) days of receipt of a
complete application and fee.
3.190 Time limits for entertainment.
It shall be unlawful for a sexually- oriented business, except a sexually-
oriented motel, to be open for business or for the licensee or any employee of a
licensee to allow patrons upon the licensed premises on any day from 2:00 a.m.
until 7:00 a.m., unless further restricted by applicable alcohol beverage laws and
regulations.
3.200 Standards of conduct.
A. The following standards of conduct must be adhered to by employees
of any sexually - oriented arcade and employees of any, sexually - oriented business
which offers, conducts, or maintains live sexually- oriented entertainment:
1. No employee or entertainer or patron shall be unclothed or in
such attire, costume or clothing so as to expose to view any portion of specified
KLE153027 \314972.05 -24-
anatomical areas, except upon a stage at least eighteen (18) inches above the
immediate floor level and removed at least six (6) feet from the nearest patron or
behind a solid, uninterrupted physical barrier which completely separates the
entertainer from any patrons. This barrier must be a minimum of one - quarter (1/4)
inch thick and have no openings between the entertainer and any patrons. The
stage shall be fixed and immovable.
2. No employee or entertainer shall encourage or allow or permit
any person upon the premises to engage in specified sexual activities.
3. There shall be posted and conspicuously displayed in the
common areas of each place offering sexually- oriented entertainment a list of food
and drink prices.
4. Any tips for entertainers shall be placed by a patron into a tip
box which is permanently affixed in the sexually - oriented business and no tip may
be handed directly to an entertainer. A licensee that desires to provide for such
tips from its patrons shall establish one (1) or more containers to receive tips. Any
physical contact between a patron and an entertainer or employee is strictly
prohibited.
5. A sexually - oriented business that provides tip boxes shall
conspicuously display in the common area of the premises one (1) or more signs in
letters at least one (1) inch high to read as follows:
SEXUALLY - ORIENTED ENTERTAINMENT IS REGULATED BY THE CITY
OF WHEAT RIDGE:
All tips are to be placed in tip box and not handed directly to the
entertainer. Any physical contact between patrons apd entertainers or
employees is strictly prohibited.
6. No sexually- oriented entertainment occurring on the premises
shall be visible at any time from outside of the premises.
7. It is the duty of the licensee of the premises to ensure that at
least one (1) employee is on duty and situated in each manager's station at all
times that any patron is present inside the premises.
8. It is the duty of the licensee and operator of the premises to
ensure that any doors to public areas on the premises remain unlocked during
business hours.
9. The interior of the premises shall be configured in such a
manner that there is an unobstructed view from a manager's station of every area
of the premises to which any patron is permitted access for any purpose, excluding
KLE\53027 \314972.05 -25-
restrooms. Restrooms may not contain video reproduction equipment. If the
premises has two (2) or more managers' stations designated, then the interior of
the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any
purpose excluding restrooms from at least one (1) of the managers' stations. The
view required in this subsection must be by direct line of sight from a manager's
station. Any person occupying a manager's station shall be clearly visible from any
of the interior locations of the premises described herein excluding restrooms. The
use of electronic viewing devices, video cameras, photographic equipment, or any
other remote viewing devices does not constitute a direct line of sight. A
manager's station may not exceed thirty -two (32) square feet of floor area. A
manager's station shall be unlocked and be readily accessible for the purpose of
routine inspections as provided for in this Chapter.
10. No alteration to the configuration or location of a manager's
station may be made without the prior approval of the Planning Director.
11. It shall be the duty of the licensee, and it shall also be the duty
of any manager, agents and employees present in the premises, to ensure that the
view area specified in Subsection 9 of this Section remains unobstructed by any
doors, curtains, drapes, walls, merchandise, display racks or other materials at all
times and to ensure that no patron is permitted access to any area of the premises
which has been designated as an area in which patrons will not be permitted in the
license application filed pursuant to this Chapter.
12. A viewing room of less than one hundred fifty (150) square feet
for a sexually - oriented arcade shall not be occupied by more than one (1) person at
any one time.
13. Viewing rooms must be separated from other viewing rooms by
a solid, uninterrupted physical divider which is a minimum of one - quarter (1/4) inch
thick and serves to prevent physical contact between patrons.
14. No person shall make or attempt to make an opening of any
kind between viewing rooms.
15. The licensee shall, during each business day, regularly inspect
the wall between the viewing rooms to determine if any openings or holes exist.
B. Nothing in this. section shall be construed to permit any act on the
premises of a sexually- oriented business in violation of Title 12, Article 46 or
Article 47, C.R.S.
KLE \53027 \314972.05 -26-
3.210 Age restrictions.
Admission to sexually- oriented businesses is restricted to persons of the age
of eighteen (18) years or older. For those sexually - oriented businesses which offer
live sexually- oriented entertainment, the age for allowable admission shall be
twenty -one (21) years or older. This minimum age limitation also applies to any
employees, agents, servants, or independent contractors working on the premises.
3.220 Entertainer license requirement.
No person shall appear, be featured, be shown, or be presented while nude
or semi -nude in any commercial establishment or private club unless licensed as an
entertainer pursuant to this Chapter.
3.230 Entertainer license.
A. Each entertainer to be employed in a sexually- oriented business shall
be required to obtain an Entertainer License. Each applicant shall pay a permit of
twenty five dollars ($25.00). Said fee is to cover reasonable administrative costs
of the licensing application process.
B. Each entertainer shall display said entertainer license upon demand by
a police officer.
C. An applicant for an Entertainer License shall submit on a form to be
provided by the Planning Director or designee the following information:
1. The applicant's name or any other names (including "stage"
names) or aliases used by the individual;
2. Age, date, and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
card; 6. State driver's license or government issued photo identification
7. Social Security number; and
8. Acceptable written proof that the individual is at least twenty -
one (21) years of age.
KLE\53027 \314972.05 -27-
9. Description and identification of the location of any tattoos on
the applicant's face, arms, legs, or hands, or any other anatomical area that
normally would be visible when the applicant is on the premises of the proposed
sexually- oriented business.
The applicant shall attach to the application form a color photograph of the
applicant clearly showing the applicant's face and the applicant's fingerprints on a
form provided by the Wheat Ridge Police Department. Any fees for the
photographs and fingerprints shall be paid by the applicant.
The applicant shall provide a statement detailing the license or permit history
of the applicant for the five (5) years immediately preceding the date of the filing of
the application, including whether such applicant has ever had a. license, permit, or
authorization to do business denied, revoked, or suspended, or had any
professional or vocational license or permit denied, revoked, or suspended. In the
event of any such denial, revocation, or suspension, the applicant shall state the
date, the name of the issuing or denying jurisdiction, and describe in full the
reasons for the denial, revocation, or suspension.
The applicant shall state whether the applicant has been arrested for a
specified criminal act, the date of the arrest, and the location of the offense.
D. The Planning Director or designee shall refer the Entertainer License
for an investigation to be made of such information as is contained on the
application. The application process shall be completed within ten (10) days from
the date the completed application is filed. After the investigation, the Planning
Director or designee shall issue a license unless the report from the police
department finds that one or more of the following findings is true:
1. That the applicant has knowingly made a false statement or
knowingly gave false information in connection with the application;
2. That the applicant is under twenty -one (21) years of age;
3. That the applicant has been convicted of a specified criminal act
within the time frames set forth in Subsection 3.10OA.(7) and as so defined;
4. That the Entertainer License is to be used for employment in a
business prohibited by local or state law, statute, rule or regulation, or prohibited
by particular provisions of this Ordinance;
5. That the applicant has had an Entertainer License revoked or
suspended within two (2) years of the date of the current application.
E. The Entertainer License may be revoked for a violation of any of the
provisions of this Chapter.
KLE \53027 \314972.05 -28-
F. Where the City seeks to revoke a license or deny a license, a licensee
shall be entitled to notice, a quasi - judicial hearing before the City Manager or
designee, and the right to appeal conducted in the same manner as a hearing for
suspension as provided by Section 3.150.
3.240 Lighting requirements.
A. All off - street parking areas and premise entries of sexually- oriented
businesses shall be illuminated from dusk to closing hours of operation with a
lighting system which provides an average maintained horizontal illumination of one
(1) foot candle of light on the parking surface and /or walkways consistent with the
requirements of Chapter 26 of this Code of Laws. This required lighting level is
established in order to provide sufficient illumination of the parking areas and
walkways serving the sexually- oriented business to help ensure the personal safety
of patrons and employees and to reduce the incidence of vandalism and other
criminal conduct.
B. The premises of all sexually- oriented businesses, except sexually -
oriented motion picture theaters and sexually- oriented motels, shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access to provide an illumination of not less than two
(2) foot candles of light as measured at the floor level.
C. Sexually- oriented motion picture theaters shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every place to which
patrons are.permitted access to provide an illumination of not less than one (1) foot
candle of light as measured at the floor level.
3.250 Right of entry.
The application for a sexually- oriented business license shall constitute
consent of the licensee and his agents or employees to permit the Wheat Ridge
Police Department or any other agent of the City to conduct routine inspections of
any licensed sexually- oriented business during the hours the establishment is
conducting business.
3.260 Signage and Exterior.
A. In addition to the other requirements of this Code of Laws, it shall be
unlawful for the owner or operator of any sexually- oriented business or any other
person to erect, construct, or maintain any sign for the sexually - oriented business
other than one "primary sign" and one "secondary sign," as provided herein. In the
event of conflict between this section 3.260 and any other provision of this Code
of Laws, the more restrictive provision shall govern.
KLE153027 \314972.05. -29-
B. Primary signs shall have no more than two (2) display surfaces. Each
such display surface shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed seventy -five (75) square feet in area; and
3. Not exceed ten (10) feet in height or ten (10) feet in length.
4. Contain no photographs, silhouettes, drawings or pictorial
representations of any manner.
C. Secondary signs shall have only one (1) display surface. Such display
surface shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the establishment;
and
5.
Contain no photographs, silhouettes, drawings, or pictorial
representations of any manner.
D. It shall be unlawful for the owner or operator of a sexually- oriented
business to allow exterior portions of the sexually- oriented business to be painted
any color other than a single achromatic color. This provision shall not apply to
any sexually- oriented business if the following conditions are met:
1. The sexually- oriented business is a part of a commercial multi-
unit center; and
2. The exterior portions of each individual unit in the commercial
multi -unit center, including the exterior portions of the sexually - oriented business
are painted the same color as one another or are painted in such a way so as to be
a component of the overall architectural style or pattern of the commercial multi-
unit center.
3.270 Non- Conforming Use.
On the effective date of Ordinance 1999 -1164 there exists within the City
one (1) use which meets the definition of sexually- oriented bookstore, sexually -
oriented novelty store or sexually- oriented video store, as well as the definition of
sexually- oriented arcade. This use is located at: 12190 West 44`" Avenue, Wheat
KLE \53027 \314972.05 -30-
Ridge, Colorado 80033. On the effective date of Ordinance 1999 -1644 there
exists within the City one (1) use which meets the definition of sexually- oriented
bookstore or sexually- oriented video store. This use is located at: and
10109 West 37`" Place, Wheat Ridge, Colorado 80033. These two uses were not
regulated prior to the adoption of Ordinance 1999 -1644, other than by the location
requirements of the previous version of this Chapter, and may continue to exist as
legal nonconforming uses after the effective date of said ordinance only if they
otherwise comply with the provisions of this Chapter.
1. The above - listed nonconforming use may be continued if it otherwise
comply within three (3) months of the effective date with the provisions of this
Ordinance 1999 -1164.
2. A conforming building or structure containing this nonconforming use
may be repaired, but it may not be structurally altered unless the building,
structure, or a portion thereof, is declared unsafe by the City building inspector, in
which case the building, structure, or portion thereof declared unsafe may be
strengthened, altered, or restored to a safe condition.
3. The nonconforming use shall not be changed to a different
nonconforming use; the nonconforming use shall not be changed to any other
sexually- oriented business use.
4. The nonconforming use, if changed to a conforming use, may not
thereafter be changed to any nonconforming use.
5. The nonconforming use shall not be extended or expanded. An
extension or expansion shall include any increase in the floor area of the building or
structure in which the nonconforming use is conducted, and any expansion or
relocation of the nonconforming use, in whole or in part, to a different part of the
building or structure, and any increase in or relocation of display area.
6. If the nonconforming use is discontinued for a period of sixty (60)
days or more, regardless of any intent to resume operations, any future use of the
building or structure shall be a conforming use.
7. If a conforming building or structure containing a nonconforming use is
destroyed or damaged to the extent of more than fifty (50) percent of its value, as
determined pursuant to the method of valuation of buildings for permit issuance in
the Building Code, any future use of the rebuilt or restored. building or structure
shall be a conforming use.
KLE1530271314972.05 - - 31-
3.280 Inspection.
A. The Police Department shall, from time to time and at least four times
a year, inspect each sexually- oriented business licensed under the provisions of this
Chapter in order to assess compliance with the provisions of this Chapter.
B. The Planning Director shall, from time to time and at least four times a
year, request that the Health Commissioner inspect each sexually- oriented business
licensed under the provisions of this Chapter in order to assess compliance with the
provisions of this Chapter.
C. An applicant or licensee shall permit the City Building Inspector and
representatives of the City Police Department, Fire Department, or other City
departments or agencies, or the Health Commissioner, to inspect the premises of a
sexually- oriented business for the purpose of insuring compliance with the law, at
any time that it is occupied or open for business.
D. A person who operates a sexually- oriented business or his agent or
employee commits a misdemeanor of the first degree if he refuses to permit such
lawful inspection of the premises.
3.290 Enforcement.
A. If any person fails or refuses to obey or comply with or violates any of
the provisions of this Ordinance, such person upon conviction of such offense shall
be punished by a fine not to exceed one thousand dollars ($1,000.00) or by
imprisonment not to exceed one year in jail, or both, in the discretion of the court.
Each violation or non - compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or non - compliance shall be
considered as a separate offense.
B. Nothing herein contained shall prevent or restrict the City from. taking
such other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or non - compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for injunctive relief or an
action at law for damages.
C. All remedies and penalties provided for in this Chapter shall be
cumulative and independently available to the City, and the City shall be authorized
to pursue any and all remedies to the full extent allowed by law.
3.300 Severability.
Should any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Chapter or application thereof to any person or circumstance, be
declared by a court of competent jurisdiction to be unconstitutional or invalid for
KLE \530271314972.05 -32-
any reason, such decision shall not affect the validity of the remaining portions of
this Chapter, or its application to any other person or circumstance, and, to this
end, the provisions of this Chapter are declared to be severable.
Section 2 . Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated. under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears-'a rational relation to the proper
legislative object sought to be attained.
Section 3 Severability: Conflicting Ordinances Repealed If any section;
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4 . Effective Date This Ordinance shall take effect one (1) day after
final adoption, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 12th day of July, 1999, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for Monday, July 26, 1999, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Public Hearing continued
August 9, 1999.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 0 this 9t day of August, 1999.
KLE153027 \314972.05 -33-
SIGNED by the Mayor on this 18th day of August 1999.
First Publication: July 16, 1999
Second Publication: August 27, 1999
Wheat Ridge Transcript
Effective Date: August 10, 1999
Approved
To Form By City Attorney
Gerald E. Dahl, City
KLE153027 \314972.05
CITY COUNCIL MINUTES: July 12, 1999 Page - 4 -
Item 3. Council Bill. 16 - An Ordinance repealing and reenacting Chapter 3 of the Wheat
Ridge Code of Laws, pertaining to the regulation of sexually- oriented
businesses.
Council Bill 16 was introduced on first reading by Mr. DiTullio, who also read the title and
summary.
Motion by Mr. DiTullio that Council Bill 16 be approved on first reading, ordered published,
public hearing be set for Monday, July 26, 1999, at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 1 day after final publication;
seconded by Mr. Mancinelli; carried 8 -0.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4. Rights of Way acceptance for Miller Street and West 54 "' Avenue.
Motion by Mrs. Dalbec that the Mayor be authorized to sign the right -of -way agreement
accepting the right -of -way for 54` Avenue and Miller Street from the State Land Board with the
following conditions:
1. That the full street width for the proposed 54 "' Avenue be 32 feet with a detached 4ft
walkway.
2. That the full street width for the proposed Miller Street be sufficient to construct one
through lane in each direction, a center turn lane where needed, on- street bike lanes, and a
detached five foot wide walkway on the west side; seconded by Mrs. Worth.
Motion by Mrs. Worth to amend to add the words "and a curb ", so that it would read a
detached 4ft walkway and a curb; seconded by Mr. Siler.
Motion by Mr. DiTullio to make an amendment to the amendment that the motion would read
as in the packet; seconded by Mr. Mancinelli.
Mrs. Worth made a point of order that Mr. DiTullio's motion was a substitute motion and that
was not allowed.
Mrs. Worth' amendment failed 5 -3 with Councilmembers Siler, Worth, and Shaver voting yes.
Motion by Mr. Siler to amend Mrs. Dalbec's motion to remove the words "with a detached 4ft
walkway'; seconded by Mr. Mancinelli; failed 5 -3 with Councilmembers Siler, Shaver, and
Donnelly voting yes.
AGENDA ITEM RECAP
�e1q �
AGENDA ITEM y
July 12, 1999
_ PUBLIC HEARINGS
_ PROC. /CEREMONIES
_ BIDS/MOTIONS
INFORMATION ONLY
QUASI - JUDICIAL _ X
Yes No
_ CITY MGR. MATTERS
_ CITY ATTY. MATTERS
_ PUBLIC COMMENT
ELEC. OFFICIALS MATTERS
X ORDINANCES FOR 1 ST READING
_ ORDINANCES FOR 2ND READING
_ RESOLUTIONS
AGENDA ITEM TITLE: Council Bill No. /(o , An Ordinance Repealing and Reenacting
Chapter 3 of the Wheat Ridge Code of Laws Pertaining to the
Regulation of Sexually Oriented Businesses
SUMMARY/RECOMMENDATION: The proposed ordinance repeals the existing regulations dealing with
sexually oriented businesses. The new ordinance establishes revised
locational requirements for sexually oriented businesses, requires
licensing of these businesses, and establishes appearance and conduct
standards. Approval on first reading is recommended.
ATTACHMENTS: BUDGETED
1)GED Memo ITEM: Yes No
2)Council Bill No.
Fund
Dept /Acct #
Budgeted Amount $
Requested Exepnd.
Requires Transfer/
Supp. Appropriation Yes No
SUGGESTED MOTION:
" I move that Council Bill No. 1�e be adopted on first reading, ordered published, public hearing to be set for Monday,
July 26, 1999, at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take
effect one day after adoption."
GORSUCH KIRGIS LLP
ATTORNEYS AT LAW
MEMORANDUM
TO: Mayor and City Council
FROM: Gerald E. Dahl
DATE: July 6, 1899
RE: Ordinance Repealing and
Code of Laws Pertaining
Businesses
Reenacting Chapter 3 of the Wheat Ridge
to the Regulation of Sexually Oriented-
On April 12, 1999, Council approved a 90 day moratorium on new or
expanded sexually- oriented businesses within the City in order to enable the
Planning Department and my office to prepare the materials needed to adopt a
new, legally sustainable sexually- oriented business ordinance. Council extended
this moratorium, by ordinance, to August 13, 1999. The attached ordinance is the
product of extensive work by my office and by the Planning Department.
A new, updated Chapter 3 of the Code of Laws is needed to regulate new
sexually- oriented businesses within the City for the following reasons:
* Currently Chapter 3 of the Code prohibits the location of two adult
entertainment uses within 2,500 feet of each other, and restricts
these facilities to locations at least 1,000 feet from residentially -zoned
property, public or private schools, churches, parks or playgrounds.
* The current framework used by the courts to evaluate the validity of
distance regulations for sexually- oriented uses requires cities to
demonstrate what actual effect the distance restrictions have on a
community. If the distance. restrictions effectively preclude an adult
business from operating anywhere within the city, the regulation will
be struck down. Standards in cases vary across the country, but
GED \53027 \321622.01
regulations have been upheld for a relatively minimal amount of
property is left available to potentially be devoted to these uses.
* It is important to stress that the ordinance must provide for land area
which is "commercially available." This means that the property must
be within the locational restrictions, have access to utilities, and not
be burdened by impediments to title or existing facilities (for example,
roadways, sewage treatment plants, airport runways or unique
buildings which would not be capable of use for an sexually - oriented
business).
Because the current locational requirements in Chapter 3 of the Code are
likely to leave little, if any, commercially available space for these uses, the City
has contracted for a survey of "commercially available" areas, using several
different distance restrictions. The results of this survey have led the Planning
Department and my office to recommend a 750 -foot restriction from residential
uses, public or private schools, churches, temples, parks and playgrounds, and a
1,000 -foot "separation" between adult uses. This produces an adequate, while
minimal, number of sites which are commercially available for such uses. These
restrictions are made a part of the attached ordinance.
A very large and extensive set of exhibits will be introduced into the public
record. Each of you will be provided with a copy of this set prior to the second
reading public hearing, which I would like the Council to schedule for July 26,
1999. The ordinance itself will be described to you in .considerable detail at the
second reading public hearing, but I would like to make a few points in this
memorandum to assist you as you review the ordinance and the legislative record
which will support it:
* This draft of the ordinance was produced after a comprehensive
review of ordinances across the country and in the State of Colorado
and represents the current "state of the art" in this field.
* The ordinance refers to numerous studies which will be introduced
into the legislative record and which detail the negative secondary
effects of sexually- oriented businesses. This provides one of the
appropriate legislative bases upon which the Council may rely in
enacting the rather strict regulations upon this particular business.
* While not required by the Code of Laws, the Planning Commission has
reviewed this ordinance and given many useful comments, the
majority of which have been incorporated into the enclosed draft.
* The ordinance imposes stringent application and review requirements
for issuance of a license to conduct a sexually - oriented business. It is \
GED \53027 \321622.01 2
appropriate that the applicant for a sexually - oriented business license,
as well as the principals in the operation and all entertainers, submit
certain information for background checks prior to being licensed.
There are numerous structural and dimensional requirements imposed
upon the sexually- oriented business, both with respect to indoor
lighting, placement of the stages, and outdoor appearance including
signage.
For sexually- oriented businesses which feature live nude or semi -nude
entertainers, there are a series of restrictions designed to prevent any
physical contact between entertainers and patrons.
I recognize that the Council may have numerous questions concerning this
ordinance, and would be pleased to respond to you, either during the public
meeting on July 12, in a study session context following that meeting, or during
the public hearing on July 26.
Approval is recommended.
Attachment
GED \53027 \321622.01 3
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 16
Ordinance No.
Series of 1999
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 3
OF THE WHEAT RIDGE ""UNIGIPAz CODE OF LAWS PERTAINING TO
THE REGULATION OF SEXUALLY - ORIENTED BUSINESSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE
COLORADO, THAT:
Section 1 . Chapter 3 of the Wheat Ridge Code of Laws is hereby repealed in
its entirety and reenacted to read as follows:
Chapter 3
SEXUALLY - ORIENTED BUSINESSES
Sections:
3.010 Findings of fact.
3.020 Legislative intent.
3.030 Definitions.
3.040 Location of sexually- oriented businesses.
3.050 License required -Fee.
3.060 License application.
3.070 Determination of completed application.
3.080 Application fee.
3.090 Investigation.
3.100 Approval of license or denial of application.
3.110 Appeal of application denial.
3.120 Issuance of license.
3.130 Term of the license.
3.140 License renewal.
3.150 Suspension of license.
3.160 Revocation of license.
* 1 3.170 Display- Transferability - Change of ownership- Change of
corporate structure.
3.180 Manager- Change of manager.
3.190 Time limits for entertainment.
3.200 Standards of conduct.
KLE \53027 \314972.04 -1-
3.210
Age restrictions.
3.220
Entertainer Requirement.
3.230
Entertainer License.
3.240
Lighting requirements.
3.250
Right of entry.
3.260
Signage and Exterior.
3.270
Nonconforming Use.
3.280
Inspection.
3.290
Enforcement.
3.330
Severability.
3.010 Findings of fact.
The City Council finds:
There are a substantial number of sexually- oriented businesses in the Denver
metropolitan area that require regulation in order to protect and preserve the health,
safety, and welfare of the patrons of such businesses as well as the citizenry.
The City Council and staff have conducted a review of land use studies
concerning the secondary effects of sexually- oriented businesses in other cities
including but not li r.
1. Garden Grove, California
2. Tucson, Arizona
3. Austin, Texas
4. Oklahoma City, Oklahoma
5. Indianapolis, Indiana
6. Houston, Texas
7. Phoenix, Arizona
8. Amarillo, Texas
9. Los Angeles, California
10. New York, New York - two studies
11. Denver, Colorado
Regulation of sexually- oriented businesses furthers substantial governmental
interests and is necessary because, in the absence of such regulation, significant
criminal activity has historically and regularly occurred. This history of criminal
activity has included prostitution, narcotics and liquor law violations, violent crimes
against persons, and property crimes.
Sexually- oriented businesses are frequently used for unlawful and unhealthful
sexual activities, including prostitution and sexual liaisons of a casual nature.
The concern over sexually transmitted diseases, including AIDS, is a
legitimate health concern of the City which demands reasonable regulation of
KLE \53027 \314972.04 - _
sexually- oriented businesses in order to protect the health and well -being of
citizens. —
Sexually - oriented businesses have a deleterious effect on both neighboring
businesses and surrounding residential areas, causing an increase in crime and a
decrease in property values.
It is recognized that sexually- oriented businesses have serious objectionable
characteristics which should be reasonably regulated in order to protect substantial
governmental concerns, particularly when they are located in close proximity to
each other, thereby contributing to urban blight and downgrading the quality of life
in the adjacent area.
The City Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of citizens; preserve the quality of
life; preserve the property values and character of surrounding neighborhoods;
deter the spread of urban blight and protect citizens from increased crime.
It is necessary to have a manager on the premises of sexually- oriented
businesses at all times that such establishments are offering sexually- oriented
entertainment in order to ensure an individual will be responsible for the overall
operation of the establishment, including the actions of patrons, entertainers and
other employees.
The license fees required are necessary as nominal fees designed to help
defray the substantial expenses incurred by the City in regulating sexually- oriented
businesses; the fees are related to the actual costs of regulation.
Restricted hours of operation will further mitigate or prevent the adverse
secondary effects of sexually - oriented businesses.
Locational criteria alone do not adequately protect the health, safety, and
general welfare of citizens and thus, certain requirements with respect to the
licensing and operation of sexually- oriented businesses are in the public interest.
Sexual acts, including masturbation and oral and anal sex, occur at sexually -
oriented businesses, especially those which provide private or semi- private booths,
or rooms for viewing films, videos, or live sexually- oriented entertainment. Such
activities may result in spreading communicable diseases such as syphilis,
gonorrhea, and human immunodeficiency virus (HIV). Offering sexually- oriented
entertainment under conditions that encourage such activities creates unhealthy
conditions.
Sanitary conditions in some sexually- oriented businesses are unhealthy, in
part because of the failure of owners and operators to regulate those activities and
maintain their facilities.
KLE \53027 \314972.04 -3-
Numerous studies and reports have determined that semen is found in the
areas of sexually - oriented - businesses where persons view sexually- oriented films.
These findings raise substantial governmental concerns.
A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and operators of sexually -
oriented businesses. Further, such a licensing procedure will place a heretofore
nonexistent incentive on operators to ensure that sexually- oriented businesses are
run in a manner consistent with the health, safety and welfare of patrons and
employees, as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of the sexually -
oriented business, and fully in possession and control of the premises and activities
occurring therein.
The regulation of nudity in sexually- oriented businesses will further these
substantial governmental interests in preventing prostitution and other sex- related
crimes, including illegal sex acts, and protecting the public health, safety, and
welfare.
Removal of doors on viewing booths in sexually- oriented businesses and
requiring sufficient lighting on premises with viewing booths will advance the
substantial governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult arcades and theaters and will facilitate enforcement of
the provisions of this Chapter and other federal, state and local laws, thereby
furthering the substantial governmental interest of protecting the public health,
safety, and welfare.
Requiring sufficient lighting in all sexually- oriented businesses will advance
the substantial governmental interest in curbing illegal sexual activity on the
premises of sexually- oriented businesses, and will facilitate enforcement of the
provisions of this Chapter and other federal, state and local laws, thereby
furthering the substantial governmental interest in protecting the public health,
safety, and welfare.
A person who recently has been convicted of a • a!P• Felate-'
specified criminal act as defined herein is not an appropriate individual to operate or
be employed in a sexually - oriented business.
Barring such individuals from the management or and employment in
sexually- oriented businesses for a period of years serves as a deterrent to and
prevents the commission of sexually related criminal acts, including conduct which
leads to the transmission of sexually transmitted diseases.
KLE \53027 \314972.04 _4_
It is necessary to license the officers, directors and managers of corporate
entities because of the- control such persons have over the operation and
management of the business.
It is necessary to limit the age of patrons and employees of sexually- oriented
businesses in order to protect them from the potentially harmful consequences
associated with such businesses. Sexually- oriented businesses with live
entertainers generate more police calls and vandalism than sexually- oriented
bookstores, sexually- oriented video stores or sexually- oriented novelty stores and,
therefore, it is reasonable to prohibit persons under the age of twenty -one (21)
from entering sexually- oriented businesses with live entertainers. Additionally, the
minimum age for the consumption of alcoholic beverages is twenty -one (21), and
sexually - oriented businesses with live entertainers generally sell alcohol.
3.020 Legislative intent.
It is the intent and purpose of this Chapter to regulate the time, place, and
manner in which sexually- oriented entertainment is presented in sexually- oriented
businesses to promote the health, safety, and general welfare of the citizens of the
City, and to establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually- oriented businesses within the City, thereby
reducing or eliminating the adverse secondary effects of sexually- oriented
businesses, and not to prohibit sexually- oriented entertainment or to curtail
constitutionally protected freedom of expression.
3.030 Definitions.
For the purposes of this Chapter, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
"Child Care Facility" means any facility, by whatever name known, licensed
by the State of Colorado and maintained for compensation, for the whole or any
part of a day, for the care of five (5) or more children under the age of sixteen (16)
years who are not related to the owner, operator or manager thereof.
"Church" means a location where organized religious services and associated
activities such as religious classes, child care, and committee and office work, and
parish 'house are regularly conducted. Reference to Church shall include all
religious facilities, regardless of denomination.
"Community Center" means a building or other structure which is City -
owned or used by the City that provides services to the community and is open to
the general public.
"Employee" means a person who performs any service or work on the
premises of a sexually- oriented business, including but not limited to, providing
KLE \53027 \314972.04 - -
entertainment, performing work of a management or supervisory nature, or
performing support functions, on a full -time, part -time or contract basis, whether or
not the person is denominated an 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 on the premises exclusively for repair or maintenance of the premises or
equipment on the premises, or for the delivery of goods to the premises.
"Entertainer" means a person who performs, dances, or otherwise entertains
while nude or semi -nude in a sexually- oriented business regardless of whether or
not said person is paid a salary, wage, or other compensation for said performance.
"Nude model studio" means any place where a person who appears semi-
nude, in a state of nudity, or who displays specified anatomical areas, is provided
to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons. Nude Model Studio shall not include a proprietary
school licensed by the State of Colorado or a college, junior college or university
supported entirely or in part by public taxation, a private college or university which
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or a
business in a structure:
A. 47 That has no sign visible from the exterior of the structure and
no other advertising that indicates a nude or semi -nude person is available for
viewing; and
B. & Where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
C. E: Where no more than one (1) nude or semi -nude model is on the
premises at any one time.
"Nudity" or a "state of nudity" means the display of specified anatomical
areas.
"Park" means a park, reservation, playground, beach, recreation area,
bikeway, trail, greenbelt, or other area in the City owned or used by the City and
devoted to active or passive recreation, including developed and undeveloped land.
"Performance" means a play, motion picture, dance, or other exhibition
performed before an audience.
"Recreational Center" means land, buildings, structures or equipment used in
recreational activities, owned or operated by a government agency.
KLE\5302M 14972.04 _6_
"School" means an institution for instruction. Schools are classified by the
type of instruction provided and by student grade level.
A. ,4 College /University: A school providing higher education beyond
grade 12, which offers either a two -year or four -year degree in specific disciplines;
B. 8-: K -12: A school, public or private, which meets State standards
for providing instruction for students between five (5) and twenty -one (21) years of
age, including, but not limited to, vocational schools and special education schools.
"Semi- nude" means a state of dress in which clothing covers no more than
the genitals, pubic region, or any portion of the female breast below the top of the
areola, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter center" means a business or commercial establishment or
private club that regularly offers, for any form of consideration, a place where two
(2) or more persons may congregate, associate, wrestle or consort when one (1) or
more of the persons is in a state of nudity or semi -nude. This definition does not
apply to any actions in compliance with Article X of Chapter 16 of the Wheat Ridge
Code of Laws (Massage Parlors) or any treatment or examination of another person
for a bona fide medical purpose when such treatment or examination is conducted
in a manner substantially consistent with reasonable medical practices.
"Sexually- oriented arcade" means any commercial establishment or private
club where, for any form of consideration, one or more still or motion picture
projectors, slide projectors, or similar machines, or other image producing
machines, for viewing by five or fewer persons per machine at any one time, are
used to regularly show films, motion pictures, video cassettes, slides, or other
photographic reproductions or mechanically, electronically, chemically, or digitally
reproduced visual materials characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas.
"Sexually- oriented bookstore," "sexually- oriented novelty store" or "sexually -
oriented video store" means a commercial establishment which devotes a
significant or substantial portion of its business to any one (1) or more of the
following:
A. A The sale, rental or viewing, for any form of consideration, of
books, magazines, periodicals or other printed matter or photographs, films, motion
pictures, videocassettes, slides or other photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas;
B. B-. Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for engaging in specified sexual activities;
KLE \53027 \314972.04 _7_
C. 4&-. A significant or substantial portion of its business is shown by
characteristics including, but not limited to, some or all of the following:
4 A significant or substantial portion of its stock in trade consists of the
items listed in A. and /or B. above; or
-2- A significant or substantial portion of its revenues is derived from the
rental or sale of items listed in A. and /or B. above; or
A significant or substantial portion of its floor space, shelf space or
storage space is devoted to the items listed in A. and /or B. above; or
4 A significant or substantial portion of its advertising is devoted to the
items listed in A. and /or B. above.
"Sexually- oriented business" means a sexually- oriented arcade, sexually -
oriented bookstore, sexually- oriented cabaret, sexually- oriented novelty store,
sexually- oriented video store, nude modeling studio, sexually- oriented motel,
sexually- oriented motion picture theater, of sexual encounter center or anv adult
entertainment establishment as described elsewhere in this Code of Laws
"Sexually- oriented cabaret" means a nightclub, bar, restaurant, concert hall,
auditorium, or other commercial establishment or private club which regularly
features or presents live sexually- oriented entertainment.
"Sexually - oriented entertainment" means any exhibition, display, or dance
which involves the exposure to view of specified anatomical areas or specified
sexual activities.
"Sexually- oriented motel" means a hotel, motel or similar commercial
establishment which:
D. A<. Offers accommodations to the public for any form of
consideration and provides patrons with closed- circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic reproductions
or mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas;
min
E. 8-. Offers a sleeping room for rent for a period of time that is less
than ten (10) hours; or
F. E Allows a tenant or occupant of a sleeping room to sub -rent the
room for a period of time that is less than ten (10) hours.
KLE \53027 \314972.04 _$_
"Sexually- oriented motion picture theater" means any commercial
establishment or private club, where for any form of consideration, films, motion
pictures, video cassettes, slides or similar photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials are
regularly shown which are characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas. Any
establishment meeting the definition of a sexually- oriented arcade is not considered
a sexually- oriented motion picture theater.
"Specified anatomical areas" means and includes any, of the following:
G. A-. Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breasts below a point immediately above
the top of the areolae; or
H. 8: Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
"Specified criminal act" means any offense which is included in the definition
of "unlawful sexual behavior" under Section 18 -3- 412.5, C.R.S., Sex Offenders -
Duty to Register - Penalties, or any offense committed in another state that, if
committed in the State of Colorado, would constitute an offense involving unlawful
sexual behavior, or any offense that has a factual basis of one (1) of the offenses
specified in the definition of "unlawful sexual behavior." Specified criminal act also
includes any offense involving soliciting for prostitution, prostitution, patronizing a
prostitute, pandering, pimping, public indecency, or the distribution or possession
of obscene materials.
"Specified sexual activities" means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B. Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, sodomy, or bestiality.
C. Flagellation, mutilation or torture for purposes of sexual arousal,
gratification, or abuse.
D. Human genitals in a state of sexual stimulation, arousal, or
tumescence; or
E. Excretory functions as part of or in connection with any of the
activities set forth in Subsections A. through D. of this definition.
KLE \53027 \314972.04 _9_
3.040 Location of sexually- oriented businesses.
A. It is unlawful to operate or cause to be operated a sexually- oriented
business in any location except as provided in the Wheat Ridge Code of Laws.
B. It is unlawful to operate or cause to be operated a sexually- oriented
business within seven h unted hundred fifty (750) feet of the property line of the
following, whether any of the following are located inside or outside the municipal
boundaries:
1. A church;
2. A school or licensed child care facility;
3. A public park, recreational center, or community center;
4. A lot zoned for residential use or used for residential purposes.
C. It is unlawful to cause or permit the operation of a sexually -
oriented business within one thousand 0 000) feet of another sexually- oriented
business. The distance between any two (2) such businesses shall be measured in
a straight line, without regard to intervening structures or objects, from and to the
closest exterior wall of the structure in which the sexually- oriented business is
located.
D. It is unlawful to cause or permit the operation or maintenance of
more than one (1) sexually- oriented business in the same building, structure, or
portion thereof.
E. For the purpose of Subsection B. of this Section, the distance
between a sexually- oriented business and the premises of a church, school, child
care facility, public park, recreational center, community center, residential district,
or a residential lot shall be measured in a straight line, without regard to intervening
structures, objects or City limits, from the closest exterior wall of the structure in
which the sexually- oriented business is located to the property line of such uses.
F. A sexually- oriented business lawfully operating is not rendered a
nonconforming use by the subsequent location of a church, school, child care
facility, public park, recreational center, community center, .residential district, or a
residential lot within seven - hundred fifty (750) feet of the
sexually- oriented business; however, if the sexually- oriented business ceases
operation for a period of sixty (60) days or more regardless of any intent to resume
operation, it may not recommence operation in that location.
KLE \53027 \314972.04
3.050 License required -Fee.
A. No person shall conduct or operate a sexually- oriented business
without first having obtained a sexually- oriented business license issued by the City
as required by this Chapter. Each applicant shall pay a license fee of five hundred
dollars ($I90.943}
B. . In the event an application for a sexually- oriented business license is
withdrawn prior to issuance or is denied, the license fee shall be refunded in full to
the applicant. The license fee is in addition to any application fee required by this
Chapter.
3.060 License application.
A. All applicants for a sexually- oriented business license shall file a
completed application for such license with the Planning Director on forms to be
provided by the Planning Director. Each individual applicant, partner of a
partnership, officer or director of a corporation, and manager of a limited liability
company and all business managers, shall be named in each application form, and
each of them shall be photographed and fingerprinted by the Wheat Ridge Police
Department.
B. The completed application shall contain the following information and
shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state such person's
legal name and any aliases and submit satisfactory proof (1) that the individual is
eighteen (18) years of age or older, or (2) if the sexually- oriented business will have
live sexually- oriented entertainment, that the individual is twenty -one (21) years of
age or older;
b. A partnership, the partnership shall state its complete
name and the names of all partners, whether the partnership is general or limited,
and provide a copy of the partnership agreement, if any;
C. A corporation, the corporation shall state its complete
name, the date of its incorporation, evidence that the corporation is in good
standing under the statutes of the State of Colorado, or in the case of a foreign
corporation, evidence that it is currently authorized to do business in the State of
Colorado, the names and capacity of all officers, directors, and the name of the
registered corporate agent and the address of the registered office for service of
process;
KLE \53027 \314972.04 -11 -
d. A limited liability company, the company shall state its
complete name, the date_ -of its formation, evidence that the company is in good
standing under the statutes of the State of Colorado, or in the case of a foreign
company, evidence that it is currently authorized to do business in the State of
Colorado and the name of its members, the manager, and registered agent and the
address of the registered office for service of process.
2. The applicant shall state whether the applicant or any other
individual listed pursuant to Subsection A. of this Section has previously operated
or is currently operating or has been employed at an unlicensed sexually - oriented
business as defined in this Chapter or has had a previous sexually- oriented business
license under this Chapter or other sexually - oriented business ordinances,
resolutions or other regulations from another city or county denied, suspended or
revoked, or declared a public nuisance, including the name and location of the
sexually- oriented business for which the permit was denied, suspended or revoked,
or been declared a public nuisance, as well as the date of the denial, suspension or
revocation. Additionally, the applicant shall state whether the applicant or any
other individuals listed pursuant to Subsection A. of this Section has been a partner
in a partnership or an officer or director of a corporation or manager of a limited
liability company of a sexually- oriented business whose license has previously been
denied, suspended or revoked, including the name and location of the sexually -
oriented business for which the license was denied, suspended or revoked, as well
as the date of the denial, suspension or revocation. .State whether the applicant or
any other individual listed pursuant to Subsection A. of this Section holds any other
licenses under this Chapter or other similar sexually- oriented business ordinance
from another city or county and, if so, the names and locations of such other
permitted businesses;
3. The location of the proposed sexually- oriented business,
including a legal description of the property, street address, and telephone
number(s), if any;
4. Proof of the applicant's right to possession of the premises
wherein the sexually- oriented business will be conducted;
5. The applicant's mailing address and residential address;
6. The applicant's social security number, driver's license number
and /or federally issued tax identification number or, if the applicant is not a natural
person, provide such information for the individuals listed in subseetien°.'
subsections B.1.b; , and d;
7. A floor
plan of the licensed
premises which
specifies the
location and dimensions of
any manager's station
and demonstrates
that there is
an unobstructed view from
at least one (1) of the
managers' station
of every area
KLE \53027 \314972.04 -12-
of the premises to which any patron is permitted access for any purpose excluding
restrooms. The floor plan- shall designate exits, entrances, doors, walls and those
rooms or other areas of the premises where patrons are not permitted and shall
also designate the use of each room or other area of the premises. The floor plan
shall also demonstrate that it complies with Section 3.200. The floor plan need
not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or
minus six (6) inches. The diagram shall designate the place at which the license
will be conspicuously posted and the location of any stage. A manager's station is
not required, and need not be shown on the floor plan, for a sexually- oriented
motion picture theater, sexually- oriented motel, sexually- oriented bookstore,
sexually- oriented novelty store, or sexually- oriented video store;
8. A current improvement location certificate and straight -line
drawing prepared by a land surveyor, both prepared within thirty (30) days prior to
the application. Additionally, said document shall depict the property lines and the
structures containing any sexually- oriented business within one thousand (1000)
feet of the closest exterior wall of the structure in which the applicant business will
be located and depicting the property line of any church, school, child care facility,
public park, recreational center, community center, residential zone district, or a
residential lot within seven hundred fifty (750) feet from the closest exterior wall of
the structure in which the applicant business will be located;
9. Evidence from the applicant that the proposed location of such
business complies with the locational requirements of the zoning ordinance;
10. A verified affidavit that the proposed sexually- oriented business
and its location comply with and conform to all requirements of this Chapter;
11. The applicant shall provide a statement regarding whether the
applicant or any person pursuant to Subsection A of this section has been arrested
for a specified criminal act, the date of the arrest, and the jurisdiction and location
of the offense.
12. If the applicant intends to operate the sexually- oriented business
under a name other than that of the applicant, the applicant shall state the
fictitious name to be used and submit copies of documentation evidencing the
registration of the business name under applicable laws.
3.070 Determination of completed application.
A. Not more than ten (10) days following submission of an application,
the Planning Director shall review the application for completeness and
conformance with the application requirements of Section 3.060. The Planning
Director shall not accept for filing any application that is not complete in every
detail. If an omission or error is discovered by the Planning Director, the
KLE \53027 \314972.04 -13-
application will be rejected by the Planning Director and returned to the applicant
together with a written ex planation of the omission or error without further action
by the Planning Director. Any application rejected by the Planning Director due to
an omission or error may be resubmitted to the Planning Director when the
omission or error has been remedied. For the purposes of this Chapter, the date
the Planning Director determines that an application is complete and in
conformance with the application requirements of Section 3.060 in every detail
shall be the date the application is deemed filed with the Planning Director.
B. All applicants shall promptly notify the Planning Director in writing in
the event that any information contained in an application has changed or any
information is discovered by the applicant to be incorrect in any way from what is
stated on the application, and every applicant shall have the continuing duty to
promptly update and supplement such information during the term of any sexually -
oriented business license issued to the applicant. The failure to notify the Planning
Director in accordance with this section within thirty (30) days from the date of
such change or discovery, by supplementing or updating the application on file with
the Planning Director, shall be grounds for revocation of any application approval
or, where a license has been issued, suspension or revocation of an issued
sexually- oriented business license.
3.080 Application fee.
Each applicant, whether an individual, partnership, limited liability company,
or corporation, shall pay the following application fees at the time of submitting
any application to the Planning Director:
A. An application processing fee of one hundred fifty dollars ($150).
Such application fee shall be nonrefundable.
B. An application investigation fee in the amount then charged by the
Wheat Ridge Police Department for each person who will be investigated as
required by this Chapter. Such application investigation fee shall be nonrefundable
following a determination by the Planning Director that the application is complete
in accordance with Section 3.070. The application investigation fee shall be
refunded upon written request by the applicant in the event that the applicant
withdraws its application prior to the Planning Director's determination that the
application is complete.
3.090 Investigation.
A. Without undue delay following the Planning Director's determination
that an application is complete, the Planning Director shall transmit the application
to the Wheat Ridge Police Chief, who shall cause the investigation of the
background of each individual applicant, manager, the partners of a partnership, the
officers and directors of a corporation and the manager of a limited liability
KLE \53027 \314972.04 -14-
company and manager of the sexually- oriented business and the accuracy of the
information provided in the application. The investigation is intended to provide an
opportunity to determine whether the application is in conformance with the
requirements of this Chapter based on information and resources available to the
City and to determine if any applicant or those listed in Subsection A. of
Section 3.060 or manager has been convicted of a specified criminal act. The
results of such investigation shall not be interpreted or construed as constituting an
affirmation or verification by the City that the information contained in the
application is factually correct or accurate.
B. Within five (5) days of receipt of an application for a sexually- oriented
business license, the Planning Director shall notify the local Fire Marshal, the local
Building Inspector, and the Jefferson County Health Department of such
application. In making such notification, the Planning Director shall request that
the Fire Marshal and Health Commissioner promptly inspect the premises for which
the sexually- oriented business license is sought to assess compliance with the
regulations under their respective jurisdictions.
C. The Fire Marshal shall provide to the Planning Director a written
certification of whether the premises are in compliance with the Fire Code within
ten (10) days of receipt of notice of the application.
rr D. The Building Inspector shall commence the inspection of the premises
for which a sexually- oriented business license is sought promptly upon receipt of
-- notice of the application, and shall complete a written certification of whether the
premises are in compliance with the Building Code, the Planning and Zoning Code,
and the provisions of this Chapter related to physical characteristics of the
premises within fifteen (15) days after receipt of the application.
I3 E . The Planning Director may cause to be conducted any other
investigation deemed necessary by the Planning Director to determine the.
application's conformance with any requirement of this Chapter including, but not
limited to, an investigation of the proposed sexually- oriented business location's
conformance with the Wheat Ridge Code of Laws, or other applicable laws.
3.100 Approval or denial of application.
A. A completed license application filed with the Planning Director shall
be administratively approved or denied by the Planning Director within thirty (30)
days of the date of the filing of tke a complete application. The Planning Director
shall deny a license application if:
1. The applicant is under the age of eighteen (18) years or, if the
sexually- oriented business will provide, conduct, feature, show, or present live
sexually- oriented entertainment, under the age of twenty -one (21) years;
KLE\5 OVQ14972.04 -15-
2. The application or any investigation performed by the City
demonstrates or establishes that the proposed sexually- oriented business fails to
conform to any requirement of this Chapter, the Wheat Ridge Code of Laws, or
other applicable law;
3. The applicant knowingly made a false statement or knowingly
gave false information in connection with the application;
4. The individual applicant or a director or officer of a corporation,
partner of a partnership, or manager of a limited liability company or manager of
the sexually- oriented business has had a sexually- oriented business license revoked
or suspended within five (5) years prior to the application;
5. The individual applicant or a director or officer of a corporation,
or partner of a partnership or manager of a limited liability company or manager of
the sexually- oriented business has operated a sexually - oriented business which was
determined to be a public nuisance under state, federal or local law within five (5)
years prior to the application;
6. A corporate applicant or limited liability company applicant is
not in good standing or authorized to do business in the State of Colorado;
7. The individual applicant, manager, director or officer of a
corporation, partner of a partnership, or manager of a limited liability company has
been convicted of a specified criminal act for which:
a. Less than two (2) years have elapsed since the date of
the conviction or the date of release from confinement or supervision, whichever is
the later date, if the conviction is of a misdemeanor offense; or
b. Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement or supervision, whichever is the
later date, if the conviction is of a felony offense; or
C. Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement or supervision whichever is the
later date, if the convictions are of two or more misdemeanors. The fact that a
conviction is being appealed shall have no effect on the disqualification of the
applicant. For the purposes of this subsection, "convicted" includes having
pleaded guilty or nolo contendere to a specified criminal act or any offense for
which the factual basis involved one of the specified criminal acts. "Convicted"
includes persons who have received a deferred judgment and sentence or a
deferred adjudication for a specified criminal act or any offense for which the
factual basis involved one of the specified criminal acts; or
KLE \53027 \374972.04 1 , 6-
8. The applicant is overdue.in payment to the City of taxes, fees,
fines, or penalties assessed against the applicant or imposed against the applicant
in relation to a sexually- oriented business.
B. In the event that the Planning Director approves a license application,
the Planning Director shall make a written finding that the application conforms to
the requirements of this Chapter based on the information available and the
investigation performed by the City. The Planning Director may make additional
findings as deemed necessary to identify the Planning Director's basis for approval.
The written finding(s) shall be sent by certified mail to the address of the applicant
as shown in the application within ten (10) days after the date of the Planning
Director's approval. Nothing in this Chapter shall prevent or preclude the Planning
Director from revoking such approval where it is discovered that the application
contained or included a false or incorrect statement or false or incorrect information
which would otherwise constitute sufficient grounds or basis for the denial of the
application. Approval of a license application shall not constitute issuance of a
sexually- oriented business license. Issuance of a license shall be made only in
accordance with Section 3.120. The decision of the Planning Director to approve a
license application shall not be construed as a quasi - judicial act but shall be a final
administrative decision of the City.
C. The Planning Director's approval of a license application shall be valid
for one (1) year following the date of approval. Failure to obtain the issuance of
the license pursuant to Section 3.120 within such one -year period shall require the
submission of a new application.
D. In the event that the Planning Director denies a license application, the
Planning Director shall prepare written findings of fact and a decision stating the
reasons or basis for the denial. A copy of the Planning Director's findings and
decision shall be sent by certified mail, return receipt requested, to the address of
the applicant as shown in the application within ten (10) days after the date of the
Planning Director's denial. The Planning Director's decision to deny a license
application shall become a final administrative decision of the City on the
fourteenth (14th) day following the date of the decision unless the applicant files a
timely request for appeal to the City Manager or designee as provided by
Section 3.110.
3.110 Appeal of application denial.
A. In the event that the Planning Director denies a license application, an
applicant shall have the right to a quasi - judicial hearing before the City Manager or
designee for the purpose of appealing the Planning Director's administrative
decision. A written request for a hearing shall be made to the City Manager or
designee within ten (10) days of the date of the mailing of the Planning Director's
written findings and decision denying the license application. The hearing shall be
KLE \53027 \314972.04 -17-
conducted within ten (10) days of the City Manager's or designee's receipt of the
written request for a hearing unless a later date is requested by the applicant.
B. Upon receipt of a timely request for a hearing, the City Manager or
designee shall schedule a hearing and notify the applicant of the date, time, and
place of the hearing. Such notification may be made by the City by telephone
provided that a written notice shall also be mailed or delivered to the applicant at
the applicant's address shown in the application. An applicant may be represented
at the hearing by an attorney or other representative. An applicant or the City may
request a continuation or postponement of the hearing date.
C. The City Manager or designee shall have the power to administer
oaths, issue subpoenas to require the presence of persons, and when necessary,
grant. continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney may:
1. Petition any judge of the Municipal Court of the City, setting
forth that due notice has been given of the time and place of attendance of the
witness and the service of the subpoena, requesting that the court, after hearing
evidence in support of or contrary to the petition, enter its order compelling the
witness to attend and testify or produce books, records or other evidence, under
penalty of punishment for contempt in case of willful failure to comply with such
order of court; or
2. Petition the District Court in and for the county, setting forth
that due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, requesting that the court, after hearing evidence
in support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
D. At the hearing, the City Manager or designee shall hear and consider
such evidence and testimony presented by the City, the applicant, or any other
witnesses presented by the City or the applicant which are relevant to the stated
reason and basis for the Planning Director's denial of the license application. The
City Manager or designee shall conduct the hearing in conformity with quasi - judicial
proceedings and shall permit the relevant testimony of witnesses, cross -
examination, and presentation of relevant documents and other evidence. The
hearing shall be recorded stenographically or by electronic recording device. Any
KLE \53027 \314972.04 -18-
person requesting a transcript of such record shall pay the reasonable cost of
preparing the record. —
E. Not less than ten (10) days following the conclusion of the hearing,
the City Manager or designee shall send a written order by certified mail, return
receipt requested, to the applicant at the address as shown on the application. The
order shall include findings of fact and a final decision concerning the approval or
denial of the application. In the event that the City Manager or designee concludes
that the application is approved, such approval shall constitute approval by the
Planning Director, and the applicant may seek issuance of a license in accordance
with this Chapter.
F. The order of the City Manager or designee made pursuant to this
section shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the
District Court, the City Manager's or designee's decision shall be final upon the
earlier of the date of the applicant's receipt of the order or four (4) days following
the date of mailing.
G. To facilitate prompt judicial review of any appeal to the District Court
pursuant to Colorado Rules of Civil Procedure 106(a)(4), the City shall agree to an
expedited briefing schedule in which each of the deadlines otherwise required for
filing of the opening brief, answer brief and reply brief are shortened by at least ten
(10) days. The City shall proffer to the applicant a joint motion to the court
requesting prompt judicial attention to, and acceleration of, the appeal in
accordance with Colorado Rules of Civil Procedure 106(a)(4) (Vill).
3.120 Issuance of license.
A. No license shall be issued by the Planning Director after approval of an
application until such time as the building in which the business is to be conducted
is ready for occupancy with such furniture, fixtures, and equipment in place as are
necessary to comply with the provisions of this Chapter and other applicable codes
of the City or State, and then only after inspection of the premises and certification
that the applicant has complied with the plans and specifications approved by the
City with the application. Such inspection of the premises shall be made within ten
00) days after the Planning Director receives written notification from the applicant
that the applicant desires inspection of the premises and the issuance of a license.
B. If the licensed business premises has been closed or inactive for at
least sixty (60) yeaf days the Planning Director may revoke or elect not to renew
the license.
KLE \53027 \314972.04 - _ 19_
3.130 Term of the license.
All licenses issued pursuant to this Chapter shall be valid for twelve (12)
months from the date of issuance, unless sooner revoked.
3.140 License renewal.
A. Renewal of an existing license issued pursuant to this Chapter shall be
granted upon the payment of the annual licensing fee of two hundred fifty dollars
($250.00) and the filing of a completed renewal application with the Planning
Director not less than forty -five (45) days prior to the date of license expiration.
The Planning Director may waive the timely filing requirement where the licensee
demonstrates in writing that the failure to timely file is not solely the result of the
applicant's neglect; provided that no renewal application shall be accepted by the
Planning Director from any licensee after the license expires.
B. A license that is under suspension may be renewed for the next
calendar year in accordance with this section provided that such renewal shall not
modify, alter, terminate, or shorten the period or term of the suspension. The
suspension of a license shall not extend the term of the license or otherwise relieve
the licensee from timely seeking renewal of the license in accordance with this
section.
3.150 Suspension of license.
A. The City Manager or designee may suspend a license for a period not
to exceed six (6) months upon a finding of any of the following factors:
1 . Two (2) or more fepeated disturbances have occurred within a
six (6) month period upon the licensed premises or upon any parking areas,
sidewalks, access ways or grounds within the immediate neighborhood of the
licensed premises involving a patron or customer,, manager, employee, or the
licensee;
2. The licensee, manager, or any employees thereof illegally
offered for sale or illegally allowed to be consumed or possessed upon the licensed
premises, or upon any parking areas, sidewalks, walkways, access ways or
grounds immediately adjacent to the licensed premises, narcotics or dangerous
drugs or fermented malt beverages, or malt, vinous or spirituous liquors;
3. The licensee or manager is not upon the licensed premises at all
times that the sexually- oriented business is open for business or at all times when
the business premises is occupied by any employee, agent, invitee, or other person;
KLE \53027 \314972.04 . - 20
4. Sexually- oriented entertainment was offered at the licensed
establishment or the sexually- oriented business was open for business during hours
prohibited by this Chapter;
5. The licensee, manager, or employee has allowed or permitted
patrons to engage in public displays of indecency or has allowed or permitted
patrons or employees to .engage in acts of prostitution or negotiations for acts of
prostitution within the licensed establishment or upon any parking areas, sidewalks,
access ways, or grounds immediately adjacent to the licensed establishment;
6. The licensee or manager knowingly made a false statement or
knowingly gave false information in connection with an application for a license or
a renewal of a license;
7. The licensee, manager, or employee knowingly violated or
knowingly allowed or permitted a violation of any provision of this Chapter;
8. A manager or employee of the licensed establishment is under
the age of eighteen (18) years or, if live sexually- oriented entertainment is
performed, provided, featured, shown, or presented at the sexually- oriented
business, a manager is under the age of twenty -one (21) years;
9. The licensee, in the case of a corporation or limited liability
company, is not in good standing or authorized to do business in the State of
Colorado;
10. The licensee is delinquent in payment to the City or State for
any taxes or fees past due; or
11. The licensee, manager, or employee has allowed specified
sexual activities to occur within the licensed premises.
B. Nothing in this GhapteFskal+ Chapter shall prohibit the City from taking
any other enforcement action provided for by the Wheat Ridge Code of Laws, the
laws of the State, or of the United States.
C. A licensee shall be entitled to a quasi - judicial hearing before the City
Manager or designee if the City seeks to suspend a license based on a violation of
this Chapter.
1. When there is probable cause to believe that a licensee has
violated or permitted a violation of this Chapter to occur in or near the licensed
establishment, the City Attorney may file a written complaint with the City
Manager or designee setting forth the circumstances of the violation.
KLE \53027 \314972.04 -21-
2. The City Manager or designee shall send a copy of the
complaint by certified mail, return receipt requested, to the licensee at the address
as shown on the license application, together with a notice to appear before the
City Manager or designee for the purpose of a hearing to be conducted at a
specified date and time and at a place designated in the notice to show cause why
the licensee's license should not be suspended. Such hearing shall be held on a
date not less than fourteen (14) days following the date of mailing of the complaint
and notice to the licensee.
D. At the hearing, the City Manager or designee shall hear and consider
such evidence and testimony presented by the Police Department or other
enforcement officers, the City, the licensee, or any other witnesses presented by
the City or the licensee which are relevant to the violations alleged in the
complaint. The City Manager or designee shall conduct the hearing in conformity
with quasi - judicial proceedings and shall permit the relevant testimony of
witnesses, cross examination, and presentation of relevant documents and other
evidence. The hearing shall be recorded stenographically or by electronic recording
device. Any person requesting a transcript of such record shall pay the reasonable
cost of preparing the record.
E. The City Manager or designee shall make written findings of fact from
the statements and evidence offered and shall reach a conclusion as to whether the
alleged violations occurred. Such written findings and conclusion shall be prepared
and issued not less than ten (10) days following the conclusion of the hearing. If
the City Manager or designee determines that a violation did occur which warrants
suspension of the license pursuant to this section, the City Manager or designee
shall also issue an order suspending the license. A copy of the findings,
conclusion, and order shall be hand delivered or mailed to the licensee by certified
mail, return receipt requested, at the address as shown on the license application.
F. For purposes of any appeal to the District Court, the City Manager's or
designee's decision shall be final upon the earlier of the date of the applicant's
receipt of the findings, conclusion, and order or four (4) days following the date of
mailing of the City Manager's or designee's decision. The order of the City
Manager or designee shall be a final decision and may be appealed to the District
Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Any suspension
ordered by the City Manager or designee may be stayed and held in abeyance
following the filing of a complaint for judicial relief and until a final conclusion of
the matter by the District Court. To facilitate prompt judicial review of any appeal
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4), the
City shall agree to an expedited briefing schedule in which each of the deadlines
otherwise required for filing of the opening brief, answer brief and reply brief are
shortened by at least ten (10) days. The City shall proffer to the applicant a joint
motion to the court requesting prompt judicial attention to, and acceleration of, the
i
appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4) (Vill).
KLE153027 \314972.04 -22-
G. The City Manager or designee shall have the .power to administer
oaths, issue subpoenas to require the presence of witnesses, and when necessary,
grant continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney shall:
1. Petition any judge of the Municipal Court of the City, setting
forth that due notice has been given of the time and place of attendance of the
witness and the service of the subpoena, requesting that the court, after hearing
evidence in support of or contrary to the petition, enter its order compelling the
witness to attend and testify or produce books, records or other evidence, under
penalty of punishment for contempt in case of willful failure to comply with such
order of court; or
2. Petition the District Court in and for the county, setting forth
that due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, requesting that the court, after hearing evidence
in support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
_ evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
H. In the event of suspension or cessation of business, no portion of the
license fee shall be refunded.
3.160 Revocation of license.
A. The City Manager or designee may revoke any license granted
pursuant to this Chapter upon a finding that either:
1. Two (2) or more violations of the provisions warranting
suspension contained in Section 3.150 have been found to exist during a two (2)
year period; or
2. The sexually- oriented business was operated and open for
sexually - oriented entertainment during a period of time when the sexually- oriented
business license was suspended.
B. Nothing in this Chapter shall prohibit the City from taking any other
enforcement action provided for by the Wheat Ridge Code of Laws.
KLE153027 \314972.04 -23-
C. Where the City seeks to revoke a license, a licensee shall be entitled
to notice, a quasi - judicial -- hearing before the City Manager or designee, and the
right to appeal conducted in the same manner as a hearing for suspension as
provided by Section 3.150.
* 1 moved from here; text not shown
3.170 Display- transferability - change of ownership - change of corporate
structure.
A. Any sexually- oriented business license issued pursuant to the terms of
this Chapter shall be prominently displayed at all times upon the premises for which
the license was issued.
B. Licenses issued under this Chapter shall not be transferable, sold, or
leased except as provided herein. Any change in the partners of a partnership or in
officers or directors of a corporate licensee or manager of a limited liability
company holding a sexually- oriented business license shall result in termination of
the license of the partnership or corporation, unless such licensee, within thirty
(30) days of any such change, files a written notice of such change accompanied
by the application fee and an investigation fee as required by this Chapter. Any
such change shall be reported on forms provided by the Planning Director and shall
require the names of all new partners of a partnership, officers, and directors of a
corporation, and the manager of a limited liability company and any information as
required by Section 3.060. Approval or denial by the Planning Director of such
transfer shall be upon the same terms as provided for in this Chapter for the
approval or denial of a sexually- oriented business license.
C. When a license has been issued to a husband and wife or to general or
limited partners, the death of a spouse or partner shall not require the surviving
spouse or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors for
the balance of the license.
D. Each license issued under this Chapter is separate and distinct, and no
person shall exercise any of the privileges granted under any license other than that
which he holds. A separate license shall be issued for each specific business or
business entity and each geographical location.
3.180 Manager- Change of manager.
A. A registered manager shall be on the premises of a sexually- oriented
business at all times that sexually- oriented entertainment is being provided,
performed, featured, shown or presented. A sexually- oriented business may have
more than one registered manager. It shall be unlawful for any person to work as a
manager of a sexually- oriented business without first registering with the Planning
KLE \5 3 02713 1 49 7 2.04 -24-
Director. No manager shall work in a sexually- oriented business who has been
convicted of a specified criminal act within the time frames set forth in
Subsection 3.100A.M and as so defined.
B.
In the event a
licensee changes the manager of a sexually- oriented
business,
the licensee shall
immediately report such
change and register the new
manager
on forms provided
by the Planning Director
within ten (10) days of such
3.190 Time limits for entertainment.
It shall be unlawful for a sexually- oriented business, except a .sexually-
oriented motel, to be open for business or for the licensee or any employee of a
licensee to allow patrons upon the licensed premises on any day from 2:00 a.m.
until 7:00 a.m., unless further restricted by applicable alcohol beverage laws and
regulations.
3.200 Standards of conduct.
A. The following standards of conduct must be adhered to by employees
of any sexually- oriented arcade and employees of any sexually- oriented business
which offers, conducts, or maintains live sexually- oriented entertainment:
1. No employee or entertainer or patron shall be unclothed or in
such attire, costume or clothing so as to expose to view any portion of specified
anatomical areas, except upon a stage at least eighteen . (18) inches above the
immediate floor level and removed at least six (6) feet from the nearest patron or
behind a solid, uninterrupted physical barrier which completely separates the
entertainer from any patrons. This barrier must be a minimum of one - quarter (1/4)
inch thick and have no openings between the entertainer and any patrons. The
stage shall be fixed and immovable.
2. No employee or entertainer shall encourage or allow or permit
any person upon the premises to engage in specified sexual activities.
3. There shall be posted and conspicuously displayed in the
common areas of each place offering sexually- oriented entertainment a list of food
and drink prices.
4. Any tips for entertainers shall be placed by a patron into a tip
box which is permanently affixed in the sexually - oriented business and no tip may
be handed directly to an entertainer. A licensee that desires to provide for such
tips from its patrons shall establish one (1) or more containers to receive tips. Any
KLE \53027 \314972.04 -25-
complete application and fee.
physical contact between a patron and an entertainer or employee is strictly
prohibited.
5. A sexually- oriented business that provides tip boxes shall
conspicuously display in the common area of the premises one (1) or more signs in
letters at least one (1) inch high to read as follows:
SEXUALLY - ORIENTED ENTERTAINMENT IS REGULATED BY THE CITY
OF WHEAT RIDGE:
All tips are to be placed in tip box and not handed directly to the
entertainer. Any physical contact between patrons and entertainers or
employees is strictly prohibited.
6. No sexually- oriented entertainment occurring on the premises
shall be visible at any time from outside of the premises.
7. It is the duty of the licensee of the premises to ensure that at
least one (1) employee is on duty and situated in each manager's station at all
times that any patron is present inside the premises.
8. It is the duty of the licensee and operator of the premises to
ensure that any doors to public areas on the premises remain unlocked during
business hours.
9. The interior of the premises shall be configured in such a
manner that there is an unobstructed view from a manager's station of every area
of the premises to which any patron is permitted access for any purpose, excluding
restrooms. Restrooms may not contain video reproduction equipment. If the
premises has two (2) or more managers' stations designated, then the interior of
the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any
purpose excluding restrooms from at least one (1) of the managers' stations. The
view required in this subsection must be by direct line of sight from a manager's
station. Any person occupying a manager's station shall be clearly visible from any
of the interior locations of the premises described herein excluding restrooms. The
use of electronic viewing devices, video cameras, photographic equipment, or any
other remote viewing devices does not constitute a direct line of sight. A
manager's station may not exceed thirty -two (32) square feet of floor area. A
manager's station shall be unlocked and be readily accessible for the purpose of
routine inspections as provided for in this Chapter.
10. No alteration to the configuration or location of a manager's
station may be made without the prior approval of the Planning Director.
KLE1530271314972.04 -26-
11. It shall be the duty of the licensee, and it shall also be the duty
of any manager, agents and employees present in the premises, to ensure that the
view area specified in Subsection 9 of this Section remains unobstructed by any
doors, curtains, drapes, walls, merchandise, display racks or other materials at all
times and to ensure that no patron is permitted access to any area of the premises
which has been designated as an area in which patrons will not be permitted in the
license application filed pursuant to this Chapter.
12. A viewing room of less than one hundred fifty (150) square feet
for a sexually- oriented arcade shall not be occupied by more than one (1) person at
any one time.
13. Viewing rooms must be separated from other viewing rooms by
a solid, uninterrupted physical divider which is a minimum of one - quarter (1/4) inch
thick and serves to prevent physical contact between patrons.
14. No person shall make or attempt to make an opening of any
kind between viewing rooms.
15. The licensee shall, during each business day, regularly inspect
the wall between the viewing rooms to determine if any openings or holes exist.
B. Nothing in this section shall be construed to permit any act on the
premises of a sexually - oriented business in violation of Title 12, Article 46 or
Article 47, C.R.S.
3.210 Age restrictions.
. Admission to sexually- oriented businesses is restricted to persons of the age
of eighteen (18) years or older. For those sexually- oriented businesses which offer
live sexually- oriented entertainment, the age for allowable admission shall be
twenty -one (21) years or older. This minimum age limitation also applies to any
employees, agents, servants, or independent contractors working on the premises.
3.220 Entertainer license requirement.
No person shall appear, be featured, be shown, or be presented while nude
or semi -nude in any commercial establishment or private club unless licensed as an
entertainer pursuant to this Chapter.
3.230 Entertainer license.
A. Each entertainer to be employed in a sexually- oriented business shall
be required to obtain an Entertainer License. Each applicant shall pay a permit fee
of twenty five dollars
KLE \53027 \314972.04 -27-
($25.00) Said fee is to cover reasonable administrative costs of the licensing
application process.
B. Each entertainer shall display said entertainer license upon demand by
a police officer.
C. An applicant for an Entertainer License shall submit on a form to be
provided by the Planning Director or designee the following information:
1. The applicant's name or any other names (including "stage"
names) or aliases used by the individual;
2. Age, date, and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. State driver's license or government issued photo identification
card;
7. Social Security number; and
8. Acceptable written proof that the individual is at least twenty -
one (21) years of age.
9. Description and identification of the location of any tattoos on
the applicant's face, arms, legs, or hands, or any other anatomical area that
normally would be visible when the applicant is on the premises of the proposed
sexually- oriented business.
The applicant shall attach to the application form a color photograph of the
applicant clearly showing the applicant's face and the applicant's fingerprints on a
form provided by the Wheat Ridge Police Department. Any fees for the
photographs and fingerprints shall be paid by the applicant.
The applicant shall provide a statement detailing the license or permit history
of the applicant for the five (5) years immediately preceding the date of the filing of
the application, including whether such applicant has ever had a license, permit, or
authorization to do business denied, revoked, or suspended, or had any
professional or vocational license or permit denied, revoked, or suspended. In the
event of any such denial, revocation, or suspension, the applicant shall state the
date, the name of the issuing or denying jurisdiction, and describe in full the
reasons for the denial, revocation, or suspension.
KLE \53027 \314972.04 -28-
The applicant shall state whether the applicant has been arrested for a
specified criminal act, the date of the arrest, and the location of the offense.
D. The Planning Director or designee shall refer the Entertainer License
for an investigation to be made of such information as is contained on the
application. The application process shall be completed within ten (10) days from
the date the completed application is filed. After the investigation, the Planning
Director or designee shall issue a license unless the report from the police
department finds that one or more of the following findings is true:
1. That the applicant has knowingly made a false statement or
knowingly gave false information in connection with the application;
2. That the applicant is under twenty -one (21) years of age;
3. That the applicant has been convicted of a specified criminal act
within the time frames set forth in Subsection 3.10OA.(7) and as so defined;
4. That the Entertainer License is to be used for employment in a
business prohibited by local or state law, statute, rule or regulation, or prohibited
by particular provisions of this Ordinance;
5. That the applicant has had an Entertainer License revoked or
suspended within two (2) years of the date of the current application.
E. The Entertainer License may be revoked for a violation of any of the
provisions of this Chapter.
F. Where the City seeks to revoke a license or deny a license, a licensee
shall be entitled to notice, a quasi - judicial hearing before the City Manager or
designee, and the right to appeal conducted in the same manner as a hearing for
suspension as provided by Section 3.150.
3.240 Lighting requirements.
A. All off - street parking areas and premise entries of sexually- oriented
businesses shall be illuminated from dusk to closing hours of operation with a
lighting system which provides an average maintained horizontal illumination of one
(1) foot candle of light on the parking surface and /or walkways consistent with the
requirements of Chapter 26 of this Code of Laws. This required lighting level is
established in order to provide sufficient illumination of the parking areas and
walkways serving the sexually- oriented business to help ensure the personal safety
of patrons and employees and to reduce the incidence of vandalism and other
criminal conduct.
KLE\53027 \314972.04 -29-
B. The premises of all sexually - oriented businesses, except sexually -
oriented motion picture theaters and sexually- oriented motels, shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access to provide an illumination of not less than two
(2) foot candles of light as measured at the floor level. .
C. Sexually- oriented motion picture theaters shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access to provide an illumination of not less than one (1) foot
candle of light as measured at the floor level.
3.250 Right of entry
The application for a sexually - oriented business license shall constitute
consent of the licensee and his agents or employees to permit the Wheat Ridge
Police Department or any other agent of the City to conduct routine inspections of
any licensed sexually- oriented business during the hours the establishment is
conducting business.
3.260 Signage and Exterior.
eentFaFy In addition to the other reouirements of this Code of Laws it shall be
unlawful for the owner or operator of any sexually- oriented business or any other
person to erect, construct, or maintain any sign for the sexually- oriented business
other than one "primary sign" and one "secondary sign," as provided herein. In the
event of conflict between this section 3.260 and any other provision of this Code
B. Primary signs shall have no more than two (2) display surfaces. Each
such display surface shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed seventy -five (75) square feet in area; and
3. Not exceed ten (10) feet in height or ten (10) feet in length
E. RriFnatq-s}gigs -shall eaRtain 4.Contain no photographs, silhouettes,
drawings or pictorial representations of any manner.
Q C . Secondary signs shall have only one (1) display surface. Such display
surface shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
KLE \53027\314972.04 -30-
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the establishment;
and
5. Contain no photographs silhouettes drawings or
pictorial representations of any manner.
F- D . It shall be unlawful for the owner or operator of a sexually- oriented
business to allow exterior portions of the sexually- oriented business to be painted
any color other than a single achromatic color. This provision shall not apply to
any sexually- oriented business if the following conditions are met:
1. The sexually- oriented business is a part of a commercial multi-
unit center; and
2. The exterior portions of each individual unit in the commercial
multi -unit center, including the exterior portions of the sexually - oriented business
are painted the same color as one another or are painted in such a way so as to be
a component of the overall architectural style or pattern of the commercial multi-
unit center.
3.270 Non - Conforming Use.
A- On the effective date of Ordinance 1999- there exists within the
City one (1) use which meets the definition of sexually - oriented bookstore,
sexually- oriented novelty store or sexually - oriented video store. This use is located
at: 12190 West 44th Avenue Wheat Ridge Colorado
80033 This use was not regulated prior to
the adoption of ikie Ordinance 1999 , other than by the location
requirements of the previous version of this Chapter, and may continue to exist as
a legal nonconforming use after the effective date of said ordinance only if it
otherwise complies with the provisions of this Chapter.
1. The above - listed nonconforming use may be continued if it otherwise
comply within three (3) months of the effective date with the provisions of this
Ordinance 198 1999
2. A conforming building or structure containing this nonconforming use
may be repaired, but it may not be structurally altered unless the building,
structure, or a portion thereof, is declared unsafe by the City building inspector, in
which case the building, structure, or portion thereof declared unsafe may be
strengthened, altered, or restored to a safe condition.
KLE \53027 \314972.04 -31-
3. The nonconforming use shall not be changed to a different
nonconforming use; the nonconforming use shall not be changed to any other
sexually- oriented business use.
4. The nonconforming use, if changed to a conforming use, may not
thereafter be changed to any nonconforming use.
5. The nonconforming use shall not be extended or expanded. An
extension or expansion shall include any increase in the floor area of the building or
structure in which the nonconforming use is conducted, and any expansion or
relocation of the nonconforming use, in whole or in part, to a different part of the
building or structure.
6. If the nonconforming use is discontinued for a period of sixty (60)
days or more, regardless of any intent to resume operations, any future use of the
building or structure shall be a conforming use.
7. If a conforming building or structure containing a nonconforming use is
destroyed or damaged to the extent of more than fifty (50) percent of its value, as
determined pursuant to the method of valuation of buildings for permit issuance in
the Building Code, any future use of the rebuilt or restored building or structure
shall be a conforming use.
3.280 Inspection.
A. The Police Department shall, from time to time and at least four times
a year, inspect each sexually- oriented business licensed under the provisions of this
Chapter in order to assess compliance with the provisions of this Chapter.
B. The Planning Director shall, from time to time and at least four times a
year, request that the Health Commissioner inspect each sexually- oriented business
licensed under the provisions of this Chapter in order to assess compliance with the
provisions of this Chapter.
C. An applicant or licensee shall permit the City Building Inspector and
representatives of the City Police Department, Fire Department, or other City
departments or agencies, or the Health Commissioner, to inspect the premises of a
sexually- oriented business for the purpose of insuring compliance with the law, at
any time that it is occupied or open for business.
D. A person who operates a sexually- oriented business or his agent or
employee commits a misdemeanor of the first degree if he refuses to permit such
lawful inspection of the premises.
KLE \53027 \314972.04 -32-
3.290 Enforcement.
A. If any person fails or refuses to obey or comply with or violates any of
the provisions of this Ordinance, such person upon conviction of such offense shall
be punished by a fine not to exceed one thousand dollars ($1,000.00) or by
imprisonment not to exceed one year in jail, or both, in the discretion of the court.
Each violation or non - compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or non - compliance shall be
considered as a separate offense.
B. Nothing herein contained shall prevent or restrict the City from taking
such other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or non- compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for injunctive relief or an
action at law for damages.
C. All remedies and penalties provided for in this Chapter shall be
cumulative and independently available to the City, and the City shall be authorized
to pursue any and all remedies to the full extent allowed by law.
3.300 Severability.
Should any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Chapter or application thereof to any person or circumstance, be
declared by a court of competent jurisdiction to be unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of
this Chapter, or its application to any other person or circumstance, and, to this
end, the provisions of this Chapter are declared to be severable.
Section 2 . Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3 Severability; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4 Effective Date This Ordinance shall take effect fifteei days one
(1) day after final publieatien B _,:ded adoption, as permitted by Section 5.11
of the Charter.
KLE \53027 \314972.04 - - 33-
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of 1999, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for , 1999, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED. PUBLISHED on second and final reading by
a vote of to , this day of , 1999.
SIGNED by the Mayor on this day of , 1999.
GRETCHEN CERVENY, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
Approved As To Form By City Attorney
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
KLE \53027 \314972.04 -34-
With the following condition:
That an addendum to the previous drainage report be approved prior to issuance of a
building permit and that it consider the drainage problem at the comer of Pierson and
38th that was discussed this evening.
The motion passed by a vote of 7 -0.
8. STUDY SESSION
Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session.
Case No. WCA- 99 -03 An application by the City of Wheat Ridge to review and adopt
revisions to Chapter 3: Adult Entertainment Regulations of the City of Wheat Ridge Code of
Laws.
Gerald Dahl, City Attorney, reviewed the draft adult use regulations amendments. The
proposed ordinance repeals the existing regulations in their entirety and replaces them with the
proposed regulations. He explained that the city cannot practice discretionary zoning because
of rights of free speech afforded under the First Amendment. A city must have some
commercially zoned areas that are available for this use in order to defend possible litigation.
Commissioner SNOW expressed concern about the agricultural land in the north area and asked
if the 1000 foot rule applied to agricultural properties. Mr. Dahl replied that the net effect of
other restrictions in the ordinance would make this a non - issue.
Chair BRINKMAN expressed concern about any land being rezoned to C -1.
Commissioner THOMPSON stated that if a family is living on agriculturally zoned property
they need to have the same protection as someone living in a residentially zoned area and
suggested that the ordinance might be amended to read: "a lot zoned for residential use, or
used residentially ". She expressed concern about transitional residential situations and
commented that the Comprehensive Plan needs to be studied in this regard.
Commissioner THOMPSON asked whether a building which constituted a nonconforming use
could be rebuilt if it were destroyed. Mr. Dahl replied that this question is addressed on page
27 of the ordinance. Mr. White commented that if more than 50% of the building is destroyed,
it cannot be rebuilt.
Commissioner SNOW asked the staff to review definitions of recreational uses, both public and
private, to make sure that the ordinance addresses all situations that the ordinance is intended to
cover.
Planning Commission Minutes Page 3
June 3, 1999
Commissioner THOMPSON asked if the ordinance specifically addressed bestiality. Mr. Dahl
replied that it does not but he would include it under "Specified Sexual Activities - C" on page
8.
Chair BRINKMAN stated that she supports freedom of speech. She asked if the ordinance
applies to plays or rock concerts that include sexual acts. Mr. Dahl replied that these are one-
time events and are not covered under this ordinance. He also noted that there is nothing to
prevent someone from taking a minor to such events.
Commissioner SNOW asked if it would be impossible to prove "for sexual arousal,
gratification or abuse" and suggested that perhaps this portion should be removed from the
ordinance. Mr. Dahl stated that he felt it was a necessary part of the ordinance.
Commissioner GOKEY asked if it would be possible to put an age limit (such as 85 years of
age) on attendance at these types of establishment much the same way as there is an age limit of
21 years for drinking alcohol. Mr. Dahl replied that drinking alcohol is not a constitutionally
protected right; however free speech is protected under the constitution. He further stated that
it is his goal to make sure the restrictions put in place will work if they are challenged in court.
Commissioner GOKEY asked if it would be possible to only allow these businesses in areas
that don't have a high visibility. Mr. Dahl replied that these types of restrictions tend to fail in
litigation because the courts sense that the intention of the ordinance is not to locate the
business within constraints that protect the public but sense, instead, that those ordinances were
designed to exclude use from the city.
(Chair BRINKMAN declared a recess at 9:05 p.m. The meeting was reconvened at 9:25
P.M-)
Mr. Dahl advised the Commission that he requested the City Council to adopt an ordinance, on
an emergency basis, to establish a moratorium on adult oriented businesses until August 13 to
give opportunity to get this ordinance adopted. He stated that the ordinance will be revised
according to comments received at this Planning Commission meeting as well as comments
received from staff before going to Council on first reading.
Commissioner THOMPSON expressed concern that long - established businesses can leave and
open the door for these types of businesses. She also referred to page 18 and asked how the
city can legislate activities such as off - premises prostitution and hold the owner of the nearby
establishment responsible. Mr. Dahl explained that it works the same way as the liquor laws. It
is up to the owner of the establishment to call the police if they are aware any illegal activities
in or around their business.
Planning Commission Minutes Page 4
June 3, 1999
Commissioner THOMPSON referred to page 26, item D, regarding secondary signs and
requested that wording regarding photographs, silhouettes, etc. be added to the requirements for
secondary signs.
Commissioner SNOW expressed concern that if an owner calls the police in the event of an
illegal activity it would be counted against him and, if he doesn't report it, he is also in
violation. Mr. Dahl explained that it is more favorable to the owner of an establishment to call
the police when they see a disturbance because it indicates that the owner is attempting to
comply with the law.
Commissioner SNOW referred to page 22 and asked the purpose of posting the price of food
and drink. Mr. Dahl explained that this is to prevent overcharging the customers for drinks
when they are sitting with an entertainer and purchasing a drink for that entertainer.
Commissioner SNOW asked if the ordinance contained any language concerning how a
customer pays for food and drink. Mr. Dahl replied that this situation is addressed on page 22
which says anyone serving food or drink has to be in a clothed state. Commissioner SNOW
suggested that customers should be required to pay at a cash register.
Commissioner THOMPSON asked why the city manager and planning director are responsible
for licensing, etc. Mr. Dahl replied that the courts see this regulation as an administrative
function because it relates to freedom of speech allowed under the first amendment.
Commissioner SNOW asked if the city could hire an administrative law judge for these cases.
Mr. Dahl replied that this could be done.
Commissioner GOKEY suggested reviewing similar ordinances from other cities. Mr. Dahl
replied that he is a member of the CML sexually oriented businesses task force which is
comprised of city attorneys from around the state whose cities have these types of businesses,
have. problems with these types of businesses who have recently enacted or are in the process of
enacting such ordinances. He stated that this ordinance is a product of surveys conducted by the
CML task force.
Chair BRINKMAN referred to page 28 and asked if Mr. Dahl was planning to change the 180
day requirement to 60 days. Mr. Dahl replied that he would make that change. Chair
BRINKMAN referred to page 18, item 7, and asked if a business is shut down for 60 days
because of items contained under 3.150, could they be shut down for good because they are not
conforming for 60 days. Mr. Dahl replied that he would reword this section for clarification.
In response to a question from Chair BRINKMAN, Mr. Dahl replied that page 28 would be
amended to read "Jefferson County Health Department" instead of "county health
commissioner."
Commissioner THOMPSON commented that the sexually oriented business are gravitating to
cities that don't have strong ordinances.
Planning Commission Minutes Page 5
June 3, 1999
Commissioner COLLINS commended Mr. Dahl for his efforts in drafting this ordinance.
9. OLD BUSINESS
There was no old business to discuss.
10. NEW BUSINESS
There was no new business to discuss.
11. ADJOURNMENT
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY to
adjourn the meeting at 10:00 p.m. The motion passed by a vote of 7 -0.
ANNE BRINKMAN, Chair
Ann Lazzeri, Recording Secretary
C:\ Barbara\ PCRPTS\ PLANGCOM \PCMIMITE\1999 \990603.wpd
Planning Commission Minutes Page 6
June 3, 1999
CITY COUNCIL MINUTES: June 14, 1999 Page - 4 -
Item 4. Council Bill 14 - An Ordinance extending the temporary moratorium on new or
expanded Adult Entertainment Facilities and sexually oriented businesses within
the City.
Council Bill 14 was introduced on second reading by Mr. DiTullio, who also read the title and
summary; Clerk assigned Ordinance No. 1159.
Motion by Mr. DiTullio for approval of Council Bill 14 (Ordinance 1159); seconded by Mr.
Donnelly; carried 6 -0.
Item 5. Reconsideration of Council Bill 34 - An Ordinance approving demolition of one
municipally owned building.
Item 5 was introduced by Mr. Mancinelli, who also read the title and summary.
Gail Meviani was sworn in by the Mayor; she asked that the house not be torn down but be
donated as a temporary use for refugees.
Motion by Mr. Mancinelli to continue this Item to June 28,1999; seconded by Mr. DiTullio.
Motion by Mrs. Shaver for an amendment that staff meet with the refugee organization
between now and the time we consider this to discuss the possible use of this house as a
sponsor house for refugees; seconded by Mrs. Worth; carried 6 -0.
Original Motion as amended carried 5 -1 with Mrs. Dalbec voting no.
ORDINANCES ON FIRST READING
Item 6. Council Bill 15 - An Ordinance approving an amended agreement in connection
with the construction of the 39`" and Kipling access to the Wheat Ridge
Recreation Center with the Denning family.
Council Bill 15 was introduced on first reading by Mrs. Shaver; title read by the Clerk.
Motion by Mrs. Shaver that Council Bill 15 be approved on first reading, ordered published,
public hearing be set for Monday, June 28, 1999 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 1 day after final publication;
seconded by Mrs. Worth; carried 5 -1 with Mrs. Dalbec voting no.
G4jcdq -� 9- C)3
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DfTullio
Council Bill No. ;14
Ordinance No. 1159
Series of 1999
TITLE: AN ORDINANCE EXTENDING THE TEMPORARY
MORATORIUM ON NEW OR EXPANDED ADULT
ENTERTAINMENT FACILITIES AND SEXUALLY
ORIENTED BUSINESSES WITHIN THE CITY
WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality
duly and regularly organized and existing as a body corporate and politic under and
by virtue of the Constitution and laws of the State of Colorado, and Section 1.3 of
the Home Rule Charter for the City confers all home rule powers to the City; and
WHEREAS, the City may adopt such ordinances relative to local and
municipal matters as are necessary to effectuate the purposes and intent of power,
granted to home rule municipalities by the Constitution of the State of Colorado;
and
WHEREAS, the City has initiated a process to revise and update the
provisions of the Wheat Ridge Code of Laws (the "Code ") regarding adult
entertainment facilities and sexually oriented businesses;
WHEREAS, the City Council, acting by Ordinance No. 1156, Series of 1999,
on April 12, 1999, imposed a temporary moratorium in order to permit
consideration by the City Council of such revisions until July 15, 1999; and therein
made findings which are included by reference in this Ordinance, including a finding
that a delay in the acceptance and processing of applications for adult
entertainment facilities and sexually oriented businesses for a period of time was
necessary and in the best interests of the City in order for the City to complete its
review of the revision of the Code concerned with adult entertainment facilities and
sexually oriented businesses; and
WHEREAS, the City Council wishes to extend the period of that moratorium
for an additional period;
KLE \5 30 2 713 1 2 500.03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Moratorium Extended The City Council hereby extends the
moratorium imposed April 12, 1999, by Ordinance No. 1156, Series of 1999, upon
the acceptance and processing of applications for, and the issuance of, building
permits and /or zoning or development approvals for the construction or operation of
adult entertainment facilities and sexually oriented businesses (as defined on
Exhibit A attached to the Ordinance, including: adult arcades, adult bookstores,
adult novelty stores, adult video stores, adult cabarets, adult entertainment
facilities, adult motels, adult motion picture theatres, nude model studios, and
sexual encounter centers, whether or not alcoholic beverages are offered for sale in
connection with such businesses), said extended moratorium to terminate on
August 13, 1999, unless terminated earlier by the City Council. Nothing contained
in this Ordinance is to be construed to limit or preclude the City Council from
termination, repeal, amendment, or modification of this Ordinance prior to August
13, 1999.
Section 2. Vested Rights Nothing in this Ordinance shall be construed as
affecting any lawfully vested rights to complete construction where construction
was commenced or authorized pursuant to a building permit duly issued prior to the
effective date of Ordinance No. 1156, Series of 1999.
Section 3. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 4. _Severability: Conflicting Ordinances Revealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
0 on this 24th day of May , 1999, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for June 14 , 1999, at 7:00 o'clock
p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 0 this 1 4t h day of June 1999.
SIGNED by the Mayor on this
15th day of June
1999.
ATTEST:
RETCHEN CERVE A OR
WANDA SANG,
�!lMOM
- = 1 1 "gK o ldar-
First Publication: May 28, 1999
Second Publication: June 18, 1999
Wheat Ridge Transcript
Effective Date: July 3, 1999
OF WHEgT
City of Wheat Ridge Po
Planning and Development Department m
Memorandum
TO: Planning Commission
FROM: Alan White, Planning and Development Director 00
SUBJECT: Adult Use Regulations
DATE: May 25, 1999
Attached is a copy of the draft adult use regulations amendments. The proposed ordinance
repeals the existing regulations in their entirety and replaces them with the proposed regulations.
Since the regulation of adult uses is contained in Chapter 3 of the Code of Laws, a Planning
Commission hearing is not required. However, since this issue was raised by the Commission,
we are requesting your comments at a study session. The City Attorney will be attending.
The existing regulations, attached, provide that adult uses must be located a minimum of 1,000
feet from schools, parks, churches, and residential zone districts. They must also be 2,500 feet
from other adult uses. The City is undertaking mapping and hiring an appraiser to determine the
availability of sites under these regulations. Case law on the issue essentially states that a
jurisdiction cannot zone these uses out of the jurisdiction and must reasonably provide sites for
conducting such uses. They cannot be made solely special or conditional uses because of
Amendment 1 (free speech) issues.
Case law has held that such uses can be stringently regulated, however. The approach taken in
the proposed ordinance is that such establishments must receive a license to operate. The license
is reviewed by the Planning and Development Department, the Police Department, Building
Division, and Health Department. Backgrounds of all owners of the business are investigated
and premises are inspected prior to issuing the license in order to determine if the standards
(ownership: i.e, certain convictions; premises: i.e., sight lines for managers' stations, dance
floors) of the ordinance are met. The spacing and locational criteria are also reviewed. If all the
criteria are met, the license is approved; if not, appeal to the City Manager is possible. If
approved, the license must be renewed each year and inspections must be conducted quarterly.
Certain violations are grounds for suspension of a license. Repeated violations can result in
revocation of the license.
The spacing and locational criteria may be proposed for amendment pending staff s mapping
effort. We hope to have the mapping effort for current code requirements completed by the time
of the Planning Commission meeting. If no sites are commercially available, the spacing criteria
will be proposed to be lessened.
Chapter 3
r
ADULT ENTERTAINMENT FACILITIES'
Sec.
3 -1.
Definitions.
Sec.
3 -2.
Purpose.
Sec.
3 -3.
Maintaining a public nuisance; penalties.
Sec.
3-4.
Location concentration prohibited — Restrictions described.
Sec.
3.5.
Same — Waiver of restrictions.
-State law references —Home rule power;, Col. Const. Art. XX, § 6; municipal authority to adopt police ordinances, C.R.S. §
31 -15 -401; municipal authority to license, C.R.S. § 31 -15 -501; Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 at seq.
Supp. No. 21 - 221
ADULT ENTERTAINMENT FACILITIES
Sec. 3 -1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Adult amusement or entertainment shall mean
an amusement or entertainment which is distin-
guished or characterized by an emphasis on ma-
terial depicting, describing or relating to specified
sexual activities or specified anatomical areas or
which features topless dancers, topless servers of
food or beverages, exotic dancers, strippers, male
or female impersonators or similar entertain-
ment.
Adult bookstore shall mean an establishment
having, as a substantial or significant portion of
its stock in trade, books, magazines, and other
periodicals which are distinguished or character-
ized by their emphasis on matter depicting, de-
scribing or relating to sexual activities or speci-
fied anatomical areas, or an establishment with a
segment or section devoted to the sale or display
as such material.
Adult entertainment facility shall mean an adult
bookstore, an adult mini motion picture theater,
an adult motion picture theater, an adult estab-
lishment, adult photo studio or any facility hous-
ing or displaying adult amusement or entertain-
ment.
Adult establishment shall mean any adult book-
store, adult mini motion picture theater, adult
motion picture theater, or any combination thereof.
Adult mini motion picture theater shall mean
an enclosed building with a capacity for less than
fifty (50) persons used for presenting material
distinguished or characterized by an emphasis on
matter depicting, describing or relating to speci-
fied sexual activities or specified anatomical ar-
eas, for observation by patrons therein.
Adult motion picture theater shall mean an
enclosed building with a capacity of fifty (50) or
more persons used for presenting material distin-
guished or characterized by an emphasis on mat-
ter depicting, describing or relating to specified
sexual activities or specified anatomical areas, for
observation by patrons therein.
§ 3 -2
Adult photo studio shall mean an establish-
ment which, on payment of a fee, provides photo-
graphic equipment and/or models for the purpose
of photographing specified anatomical areas.
Regulated use shall mean any establishment,
building or use housing, permitting or containing
any adult amusement or entertainment, adult
establishment, cabaret or tavern, establishment
for the sale of beer or intoxicating liquor for
consumption on the premises, hotel or motel,
pawn shop, pool or billiard hall, public lodging
house, or secondhand store, or any combination
thereof.
Specified anatomical areas shall mean
(1) Less than completely and opaquely cov-
ered human genitals, pubic region, but-
tocks, and female breast below the point
immediately above the top of the areola;
and
(2) Human male genitals in a discernibly
turgid state, even if completely and
opaquely covered.
Specified sexual activities shall mean
(1) Human genitals in a state of sexual stim-
ulation or arousal;
(2) Acts of human masturbation, sexual in-
tercourse or sodomy; and
(3) Fondling or other erotic touching of hu-
man genitals, pubic region, buttock or
female breast.
(Code 1977, § 2A -2)
Sec. 3 -2. Purpose.
(a) The purpose of this chapter is as follows: In
the development and execution of this chapter, it
is recognized that there are some uses which,
because of their very nature, are recognized as
having serious objectionable characteristics, par-
ticularly when several of them are concentrated
under certain circumstances, thereby having a
deleterious effect upon the adjacent areas. Special
regulation of these uses is necessary to ensure
that these adverse effects will not contribute to
the blighting or downgrading of the surrounding
neighborhood. These special regulations are item-
Supp. No. 21 223
§ 3 -2
WHEAT RIDGE CITY CODE
ized in this section. The primary control or regu-
lation is for the purpose of preventing a concen-
tration of these uses in any one (1) area (i.e. not
more than two (2) such uses within two thousand
five hundred (2,500) feet of each other) which
would create such adverse effects.
(b) In adopting this chapter, the city council
and the citizens of the city are concerned with
protecting the not incompatible concerns for the
preservation of legitimate F irstAmendment rights,
on the one hand, and the preservation and pro-
tection of residential neighborhoods from intru-
sion by and concentration of adult- oriented busi-
ness, adult entertainment facilities, and regulated
uses, on the other hand. Adoption of the condi-
tions and restrictions as set forth herein is based
upon the city's desire to accommodate in a man-
ner consistent with the requirements of the con-
stitutions of the United States and the state both
of these legitimate concerns. It is deemed by the
council that the conditions and restrictions set
forth herein are necessary for the protection of all
legitimate rights, and are no more restrictive
than necessary to adequately protect all of such
rights.
(Code 1977, § 2A -1)
Sec. 3 -3. Maintaining a public nuisance; pen-
alties.
Any person who owns, operates, establishes or
carries on an adult entertainment facility in vio-
lation of any of the provisions of section 3 -4 is
guilty of maintaining a public nuisance and, upon
conviction thereof, shall be subject to a fine no
less than one hundred dollars ($100.00) and not
more than one thousand dollars ($1,000.00), or by
imprisonment for a period not exceeding one year,
or both such fine and imprisonment. Additionally,
any business operated in violation of this chapter
may be closed by injunction as a public nuisance.
(Code 1977, § 2A -5; Ord. No. 1998 -1120, § 2,
6 -8 -98)
Sec. 3 -4. Location concentration prohibit-
ed— Restrictions described.
Adult entertainment facilities are subject to
the following location restrictions:
(1) No adult entertainment facility shall be
so located, situated, established, carried
on, operated or maintained within one
thousand (1,000) feet of any residentially
zoned property. Such one thousand (1,000)
feet shall be measured from the property
line of both the residentially zoned prop-
erty and the property line of the adult
entertainment facility.
(2) No adult entertainment facility shall be
located, situated, established, carried on,
operated or maintained within one thou-
sand (1,000) feet of any public or private
school, whether preschool or day -care cen-
ter, elementary, secondary or high school,
nor within one thousand (1,000) feet of
any church. Such one thousand (1,000)
feet shall be measured from the property
line of both the school or church and the
property line of the adult entertainment
facility.
(3) No adult entertainment facility shall be
located, situated, established, carried on,
operated or maintained within one thou-
sand (1,000) feet of any park or play-
ground. Such one thousand (1,000) feet
shall be measured from the property line
of both the park or playground and the
property line of the adult entertainment
facility.
(4) No adult entertainment facility shall be
located, situated, established, carried on,
operated or maintained within two thou-
sand five hundred (2,500) feet of any
other adult entertainment facility.
(Code 1977, § 2A -3)
Sec. 3 -5. Same — Waiver of restrictions.
The city council, upon the recommendation of
the planning commission, may waive the require-
ments of section 3 -4 if, and only if, each of the
following conditions are established by substan-
tial evidence following public hearing at which
due process is afforded:
(1) The proposed use will not be contrary to
the public interest or injurious to nearby
properties, and the spirit and intent of
this chapter will be observed.
(
Supp. No. 21 - 224
ADULT ENTERTAINMENT FACILITIES
(2) The proposed use will not enlarge or en-
courage the development of a skid row
area.
5,
(3) The establishment of an additional regu-
lated use of the area will not be contrary
to any program of neighborhood conserva-
tion nor will it interfere with any program
of urban renewal.
(4) All other applicable regulations of this
city's zoning ordinance will be observed.
(Code 1977, § 2A -4)
Supp. No. 21
PIN
§ 3 -5
[The next page is 2751
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 1999
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 3 OF THE
WHEAT RIDGE MUNICIPAL CODE PERTAINING TO THE REGULATION OF
SEXUALLY- ORIENTED BUSINESSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Chapter 3 of the Wheat Ridge Code of Laws is hereby repealed
in its entirety and reenacted to read as follows:
KLE\53027 \314972.01
Chapter 3
SEXUALLY- ORIENTED BUSINESSES
Sections:
3.010
Findings of fact.
3.020
Legislative intent.
3.030
Definitions.
3.040
Location of sexually- oriented businesses.
3.050
License required -Fee.
3.060
License application.
3.070
Determination of completed application.
3.080
Application fee.
3.090
Investigation.
3.100
Approval of license or denial of application.
3.110
Appeal of application denial.
3.120
Issuance of license.
3.130
Term of the license.
3.140
License renewal.
3.150
Suspension of license.
3.160
Revocation of license.
3.170
Display- Transferability - Change of ownership-
Change of corporate structure.
3.180
Manager- Change of manager.
3.190
Time limits for entertainment.
3.200
Standards of conduct.
3.210
Age restrictions.
3.220
Entertainer Requirement.
3.230
Entertainer License.
KLE\53027 \314972.01
3.240
Lighting requirements
3.250
Right of entry.
3.260
Signage and Exterior.
3.270
Nonconforming Use.
3.280
Inspection.
3.290
Enforcement.
3.330
Severability.
3.010 Findings of fact.
The City Council finds:
There are a substantial number of sexually- oriented businesses in the Denver
metropolitan area that require regulation in order to protect and preserve the health,
safety, and welfare of the patrons of such businesses as well as the citizenry.
The City Council and staff have conducted a review of land use studies
concerning the secondary effects . of sexually- oriented businesses in other cities
including, but not limited to,
1. Garden Grove, California
2. Tucson, Arizona
3. Austin, Texas
4. Oklahoma City, Oklahoma
5. Indianapolis, Indiana
6. Houston, Texas
7. Phoenix, Arizona
8. Amarillo, Texas
9. Los Angeles, California
10. New York, New York — two studies
11. Denver, Colorado
Regulation of sexually- oriented businesses furthers substantial governmental
interests and is necessary because, in the absence of such regulation, significant
criminal activity has historically and regularly occurred. This history of criminal
activity has included prostitution, narcotics and liquor law violations, violent crimes
against persons, and property crimes.
Sexually- oriented businesses are frequently used for unlawful and unhealthful
sexual activities, including prostitution and sexual liaisons of a casual nature.
The concern over sexually transmitted diseases, including AIDS, is a
legitimate health concern of the City which demands reasonable regulation of
sexually- oriented businesses in order to protect the health and well -being of
citizens.
Sexually- oriented businesses have a deleterious effect on both neighboring
businesses and surrounding residential areas, causing an increase in crime and a
decrease in property values.
KLE15 30 2713 1 497 2.02 2
It is _recognized that sexually- oriented businesses have serious objectionable
characteristics which should be reasonably regulated in order to protect substantial
governmental concerns, particularly when they are located in close proximity to
each other, thereby contributing to urban blight and downgrading the quality of life
in the adjacent area.
The City Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of citizens; preserve the quality of
life; preserve the property values and character of surrounding neighborhoods;
deter the spread of urban blight and protect citizens from increased crime.
It is necessary to have a manager on the premises of sexually- oriented
businesses at all times that such establishments are offering sexually- oriented
entertainment in order to ensure an individual will be responsible for the overall
operation of the establishment, including the actions of patrons, entertainers and
other employees.
The license fees required are necessary as nominal fees designed to help
defray the substantial expenses incurred by the City in regulating sexually- oriented
businesses; the fees are related to the actual costs of regulation.
Restricted hours of operation will further mitigate or prevent the adverse
secondary effects of sexually- oriented businesses.
Locational criteria alone do not adequately protect the health, safety, and
general welfare of citizens and thus, certain requirements with respect to the
licensing and operation of sexually- oriented businesses are in the public interest.
Sexual acts, including masturbation and oral and anal sex, occur at sexually -
oriented businesses, especially those which provide private or semi - private booths
or rooms for viewing films, videos, or live sexually- oriented entertainment. Such
activities may result in spreading communicable diseases such as syphilis,
gonorrhea, and human immunodeficiency virus (HIV). Offering sexually- oriented
entertainment under conditions that encourage such activities creates unhealthy
conditions.
Sanitary conditions in some sexually - oriented businesses are unhealthy, in
part because of the failure of owners and operators to regulate those activities and
maintain their facilities.
Numerous studies and reports have determined that semen is found in the
areas of sexual ly- oriented businesses where persons view sexually- oriented films.
These findings raise substantial governmental concerns.
A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and operators of sexually -
oriented businesses. Further, such a licensing procedure will place a heretofore
nonexistent incentive on operators to ensure that sexually- oriented businesses are
run in a manner consistent with the health, safety and welfare of patrons and
employees, as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of the sexually -
KLE\53027 \314972.02 3
oriented business, and fully in possession and control of the premises and activities
occurring therein.
The regulation of nudity in sexually- oriented businesses will further these
substantial governmental interests in preventing prostitution and other sex - related
crimes, including illegal sex acts, and protecting the public health, safety, and
welfare.
Removal of doors on viewing booths in sexually- oriented businesses and
requiring sufficient lighting on premises with viewing booths will advance the
substantial governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult arcades and theaters and will facilitate enforcement of
the provisions of this Chapter and other federal, state and local laws, thereby
furthering the substantial governmental interest of protecting the public health
safety, and welfare.
Requiring sufficient lighting in all sexually- oriented businesses will advance
the substantial governmental interest in curbing illegal sexual activity on the
premises of sexually- oriented businesses, and will facilitate enforcement of the
provisions of this Chapter and other federal, state and local laws, thereby
furthering the, substantial governmental interest in protecting the public health,
safety, and welfare.
A person who recently has been convicted of a sexually related crime is not
an appropriate individual to operate or be employed in a sexually - oriented business.
Barring such individuals from the management or and employment in
sexually- oriented businesses for a period of years serves as a deterrent to and
prevents the commission of sexually related criminal acts, including conduct which
leads to the transmission of sexually transmitted diseases.
It is necessary to license the officers, directors and managers of corporate
entities because of the control such persons have over the operation and
management of the business.
It is necessary to limit the age of patrons and employees of sexually- oriented
businesses in order to protect them from the potentially harmful consequences
associated with such businesses. Sexually - oriented businesses with live
entertainers generate more police calls and vandalism than sexually- oriented
bookstores, sexually- oriented video stores or sexually- oriented novelty stores and,
therefore, it is reasonable to prohibit persons under the age of twenty -one (21)
from entering sexually- oriented businesses with live entertainers. Additionally, the
minimum age for the consumption of alcoholic beverages is twenty -one (21), and
sexually- oriented businesses with live entertainers generally sell alcohol.
KLE \53027 \374972.02 4
3.020 Legislative intent.
It is the intent and purpose of this Chapter to regulate the time, place, and
manner in which sexually- oriented entertainment is presented in sexually- oriented
businesses to promote the health, safety, and general welfare of the citizens of the
City, and to establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually- oriented businesses within the City, thereby
reducing or eliminating the adverse secondary effects of sexually- oriented
businesses, and not to prohibit sexually- oriented entertainment or to curtail
constitutionally protected freedom of expression. Additionally, it is the purpose of
this Chapter to clarify various provisions of the current Wheat Ridge ordinance
regulating sexually- oriented businesses.
3.030 Definitions.
For the purposes of this Chapter, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
"Child Care Facility" means any facility, by whatever name known, licensed
by the State of Colorado and maintained for compensation, for the whole or any
part of a day,, for the care of five (5) or more children under the age of sixteen (16)
years who are not related to the owner, operator or manager thereof.
"Church" means a location where organized religious services and associated
activities such as religious classes, child care, and committee and office work, and
parish house are regularly conducted. Reference to Church shall include all
religious facilities, regardless of denomination.
"Community Center" means a building or other structure which is City -
owned or used by the City that provides services to the community and is open to
the general public.
"Employee" means a person who performs any service or work on the
premises of a sexually- oriented business, including but not limited to, providing
entertainment, performing work of a management or supervisory nature, or
performing support functions, on a full -time, part -time or contract basis, whether or
not the person is denominated an 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 on the premises exclusively for repair or maintenance of the premises or
equipment on the premises, or for the delivery of goods to the premises.
"Entertainer" means a person who performs, dances, or otherwise entertains
while nude or semi -nude in a sexually- oriented business regardless of whether or
not said person is paid a salary, wage, or other compensation for said performance.
"Nude model studio" means any place where a person who appears semi-
nude, in a state of nudity, or who displays specified anatomical areas, is provided
to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons. Nude Model Studio shall not include a proprietary
school licensed by the State of Colorado or a college, junior college or university
supported entirely or in part by public taxation, a private college or university which
KLE553027 \314972.02 5
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or a
business in a structure:
A. That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi -nude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least
three (3) days in advance of the class; and
C. Where no more than one (1) nude or semi -nude model is on the
premises at any one time.
"Nudity" or a "state of nudity" means the display of specified anatomical
areas.
"Park" means a park, reservation, playground, beach, recreation area,
bikeway, trail, greenbelt, or other area in the City owned or used by the City and
devoted to active or passive recreation, including developed and undeveloped land.
"Performance" means a play, motion picture, dance, or other exhibition
performed before an audience.
"Recreational Center" means land, buildings, structures or equipment used in
recreational activities, owned or operated by a government agency.
"School" means an institution for instruction. Schools are classified by the
type of instruction provided and by student grade level.
A. College /University: A school providing higher education beyond grade
12, which offers either a two -year or four -year degree in specific disciplines;
B. K -12: A school, public or private, which meets State standards for
providing instruction for students between five (5) and twenty -one (21) years of
age, including, but not limited to, vocational schools and special education schools.
"Semi- nude" means a state of dress in which clothing covers no more than
the genitals, pubic region, or any portion of the female breast below the top of the
areola, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter center" means a business or commercial establishment or
private club that regularly offers, for any form of consideration, a place where two
(2) or more persons may congregate, associate, wrestle or consort when one (1) or
more of the persons is in a state of nudity or semi -nude. This definition does not
apply to any actions in compliance with Article X of Chapter 16 of the Wheat Ridge
Code of Laws (Massage Parlors) or any treatment or examination of another person
for a bona fide medical purpose when such treatment or examination is conducted
in a manner substantially consistent with reasonable medical practices.
"Sexually- oriented arcade" means any commercial establishment or private
club where, for any form of consideration, one or more still or motion picture
projectors, slide projectors, or similar machines, or other image producing
machines, for viewing by five or fewer persons per machine at any one time, are
used to regularly show films, motion pictures, video cassettes, slides, or other
photographic reproductions or mechanically, electronically, chemically, or digitally
reproduced visual materials characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas.
KLE \53027 \314972.02 6
"Sexually- oriented bookstore," "sexually- oriented novelty store" or "sexually -
oriented video store" means a commercial establishment which devotes a
significant or substantial portion of its business to any one (1) or more of the
following:
A. The sale, rental or viewing, for any form of consideration, of books,
magazines, periodicals or other printed matter or photographs, films, motion
pictures, videocassettes, slides or other photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas;'
B. Instruments, devices, or paraphernalia which are designed for use or
marketed primarily for engaging in specified sexual activities;
C. A significant or substantial portion of its business is shown by
characteristics including, but not limited to, some or all of the following:
1. A significant or substantial portion of its stock in trade consists of the
items listed in A. and /or B. above; or
2. A significant or substantial portion of its revenues is derived from the
rental or sale of items listed in A. and /or B. above; or
3. A significant or substantial portion of its floor space, shelf space or
storage space is devoted to the items listed in A. and /or B. above; or
4. A significant or substantial portion of its advertising is devoted to the
items listed in A. and /or B. above.
"Sexually- oriented business" means a sexually- oriented arcade, sexually -
oriented bookstore, sexual ly'oriented cabaret, sexually- oriented novelty store,
sexually- oriented video store, nude modeling studio, sexually- oriented motel,
sexually- oriented motion picture theater, or sexual encounter center.
"Sexually- oriented cabaret" means a nightclub, bar, restaurant, concert hall,
auditorium, or other commercial establishment or private club which regularly
features or presents live sexually- oriented entertainment.
"Sexually- oriented entertainment" means any exhibition, display, or dance
which involves the exposure to view of specified anatomical areas or specified
sexual activities.
"Sexually- oriented motel" means a hotel, motel or similar commercial
establishment which:
A. Offers accommodations to the public for any form of consideration,
provides patrons with closed- circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions or mechanically,
electronically, chemically, or digitally reproduced visual materials which are
characterized by an emphasis upon the depiction, display or exhibition of specified
sexual activities or specified anatomical areas; and has a sign visible from the
public right -of -way which advertises the availability of this sexually- oriented type of
photographic reproduction; or
B. Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
KLE \53027 \314972.02 7
C. Allows a tenant or occupant of a sleeping room to sub -rent the room
for a period of time that is less than ten (10) hours.
"Sexually - oriented motion picture theater" means any commercial
establishment or private club, where for any form of consideration, films, motion
pictures, video cassettes, slides or similar photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials are
regularly shown which are characterized by an emphasis upon the depiction,
display or exhibition of specified sexual activities or specified anatomical areas. Any
establishment meeting the definition of a sexually- oriented arcade is not considered
a sexually - oriented motion picture theater.
"Specified anatomical areas" means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately above the top
of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified criminal act" means any offense which is included in the definition
of "unlawful sexual behavior" under Section 18 -3- 412.5, C.R.S., Sex Offenders -
Duty to Register - Penalties, or any offense committed in another state that, if
committed in the State of Colorado, would constitute an offense involving unlawful
sexual behavior, or any offense that has a factual basis of one (1) of the offenses
specified in the definition of "unlawful sexual behavior." Specified criminal act also
includes any offense involving soliciting for prostitution, prostitution, patronizing a
prostitute, pandering, pimping, public indecency, or the distribution or possession
of obscene materials.
"Specified sexual activities" means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B. Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, or sodomy;
C. Flagellation, mutilation or torture for purposes of sexual arousal,
gratification, or abuse.
D. Human genitals in a state of sexual stimulation, arousal, or
tumescence; or
E. Excretory functions as part of or in connection with any of the
activities set forth in Subsections A. through D. of this definition.
3.040 Location of sexually- oriented businesses.
A. It is unlawful to operate or cause to be operated a sexually- oriented
business in any location except as provided in the Wheat Ridge Code of Laws.
B. It is unlawful to operate or cause to be operated a sexually- oriented
business within ( ) feet of the property line of the
following, whether any of the following are located inside or outside the municipal
boundaries:
KLE \53027\314972.02 8
1. A church;
2. A school or child care facility;
3. A public park, recreational center, or community center;
4. A lot zoned for residential use.
C. It is unlawful to cause or permit the operation of a sexually- oriented
business within ( ) feet of another sexually- oriented business or
a massage parlor. The distance between any two (2) such businesses shall be
measured in a straight line, without regard to intervening structures or objects,
from and to the closest exterior wall of the structure in which the sexually - oriented
business is located.
D. It is unlawful to cause or permit the operation or maintenance of more
than one (1) sexually- oriented business in the same building, structure, or portion
thereof.
E. For the purpose of Subsection B. of this Section, the distance
between a sexually- oriented business and the premises of a church, school, child
care facility, public park, recreational center, community center, residential district,
or a residential lot shall be measured in a straight line, without regard to intervening
structures, objects or City limits, from the closest exterior wall of the structure in
which the sexually - oriented business is located to the property line of such uses.
F. A sexually- oriented business lawfully operating is not rendered a
nonconforming use by the subsequent location of a church, school, child care
facility, public park, recreational center, community center, residential district, or a
residential lot within feet of the sexually- oriented business;
however, if the sexually- oriented business ceases operation for a period of one
hundred eighty (180) days or more regardless of any intent to resume operation, it
may not recommence operation in that location.
3.050 License required -Fee.
A. No person shall conduct or operate a sexually- oriented business
without first having obtained a sexually- oriented business license issued by the City
as required by this Chapter. Each applicant shall pay a license fee of five hundred
dollars ($500.00).
B. In the event an application for a sexually- oriented business license is
withdrawn prior to issuance or is denied, the license fee shall be refunded in full to
the applicant. The license fee is in addition to any application fee required by this
Chapter.
KLE \53027 \314972.02 9
3.060 License application.
A. All applicants for a sexually - oriented business license shall file a
completed application for such license with the Planning Director on forms to be
provided by the Planning Director. Each individual applicant, partner of a
partnership, officer or director of a corporation, and manager of a limited liability
company and all business managers, shall be named in each application form, and
each of them shall be photographed and fingerprinted by the Wheat Ridge Police
Department.
B. The completed application shall contain the following information and
shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state such person's legal name and
any aliases and submit satisfactory proof (1) that the individual is eighteen (18)
years of age or older, or (2) if the sexually- oriented business will have live sexually -
oriented entertainment, that the individual is twenty -one (21) years of age or older;
b. A partnership, the partnership shall state its complete name and the
names of all partners, whether the partnership is general or limited, and provide a
copy of the partnership agreement, if any;
C. A corporation, the corporation shall state its complete name, the date
of its incorporation, evidence that the corporation is in good standing under the
statutes of the State of Colorado, or in the case of a foreign corporation, evidence
that it is currently authorized to do business in the State of Colorado, the names
and capacity of all officers, directors, and the name of the registered corporate
agent and the address of the registered office for service of process;
d. A limited liability company, the company shall state its complete
name, the date of its formation, evidence that the company is in good standing
under the statutes of the State of Colorado, or in the case of a foreign company,
evidence that it is currently authorized to do business in the State of Colorado and
the name of its members, the manager, and registered agent and the address of the
registered office for service of process.
2. The applicant shall state whether the applicant or any other individual
listed pursuant to Subsection A. of this Section has previously operated or is
currently operating or has been employed at an unlicensed sexually- oriented
business as defined in this Chapter or has had a previous sexually- oriented business
license under this Chapter or other sexually- oriented business ordinances,
resolutions or other regulations from another city or county denied, suspended or
revoked, or declared a public nuisance, including the name and location of the
sexually- oriented business for which the permit was denied, suspended or revoked,
or been declared a public nuisance, as well as the date of the denial, suspension or
revocation. Additionally, the applicant shall state whether the applicant or any
other individuals listed pursuant to Subsection A. of this Section has been a partner
in a partnership or an officer or director of a corporation or manager of a limited
liability company of a sexually- oriented business whose license has previously been
denied, suspended or revoked, including the name and location of the sexually-
KLE\53027 \314972.02 10
oriented business for which the license was denied, suspended or revoked, as well
as the date of the denial, suspension or revocation. State whether the applicant or
any other individual listed pursuant to Subsection A. of this Section holds any other
licenses under this Chapter or other similar sexually- oriented business ordinance
from another city or county and, if so, the names and locations of such other
permitted businesses;
3. The location of the proposed sexually- oriented business, including a
legal description of the property, street address, and telephone number(s), if any; .
4. Proof of the applicant's right to possession of the premises wherein
the sexually- oriented business will be conducted;
5. The applicant's mailing address and residential address;
6. The applicant's social security number, driver's license number and /or
federally issued tax identification number or, if the applicant is not a natural person,
provide such information for the individuals listed in subsection;
7. A floor plan of the licensed premises which specifies the location and
dimensions of any manager's station and demonstrates that there is an
unobstructed view from at least one (1) of the managers' station of every area of
the premises to which any patron is permitted access for any purpose excluding
restrooms. The floor plan shall designate exits, entrances, doors, walls and those
rooms or other areas of the premises where patrons are not permitted and shall
also designate the use of each room or other area of the premises. The floor plan
shall also demonstrate that it complies with Section 3.200. The floor plan need
not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the .premises to an accuracy of plus or
minus six (6) inches. The diagram shall designate the place at which the license
will be conspicuously posted and the location of any stage. A manager's station is
not required, and need not be shown on the floor plan, for a sexually- oriented
motion picture theater, sexually- oriented motel, sexually- oriented bookstore,
sexually- oriented novelty store, or sexually- oriented video store;
8. A current improvement location certificate and straight -line drawing
prepared by a land surveyor, prepared within thirty (30) days prior :to the
application. Additionally, said document shall depict the property lines and the
structures containing any sexually- oriented business or massage parlor within
( ) feet of the closest exterior wall of the structure in
which the applicant business will be located and depicting the property line of any
church, school, child care .facility, public park, recreational center, community
center, residential district, or a residential lot within ( ) feet
from the closest exterior wall of the structure in which the applicant business will
be located;
9. Evidence from the that the proposed
location of such business complies with the locational requirements of the zoning
ordinance;
10. A verified affidavit that the proposed sexually- oriented business and
its location comply with and conform to all requirements of this Chapter;
KUR53027Q 14972.02 11
11. The applicant shall provide a statement regarding whether the
applicant or any person pursuant to Subsection A of this section has been arrested
for a specified criminal act, the date of the arrest, and the jurisdiction and location
of the offense.
12. If the applicant intends to operate the sexually- oriented business under
a name other than that of the applicant, the applicant shall state the fictitious name
to be used and submit copies of documentation evidencing the registration of the
business name under applicable laws.
3.070 Determination of completed application.
A. Not more than ten (10) days following submission of an application,
the Planning Director shall review the application for completeness and
conformance with the application requirements of Section 3.060. The Planning
Director shall not accept for filing any application that is not complete in every
detail. If an omission or error is discovered by the Planning Director, the
application will be rejected by the Planning Director and returned to the applicant
together with a written explanation of the omission or error without further action
by the Planning Director. Any application rejected by the Planning Director due to
an omission or error may be resubmitted to the Planning Director when the
omission or error has been remedied. For the purposes of this Chapter, the date
the Planning Director determines that an application is complete and in
conformance with the application requirements of Section 3.060 in every detail
shall be the date the application is deemed filed with the Planning Director.
B. All applicants shall promptly notify the Planning Director in writing in
the event that any information contained in an application has changed or any
information is discovered by the applicant to be incorrect in any way from what is
stated on the application, and every applicant shall have the continuing duty to
promptly update and supplement such information during the term of any sexually -
oriented business license issued to the applicant. The failure to notify the Planning
Director in accordance with this section within thirty (30) days from the date of
such change or discovery, by supplementing or updating the application on file with
the Planning Director, shall be grounds for revocation of any application approval
or, where a license has been issued, suspension or revocation of an issued
sexually- oriented business license.
3.080 Application fee.
Each applicant, whether an individual, partnership, limited liability company,
or corporation, shall pay the-following application fees at the time of submitting
any application to the Planning Director:
A. An application processing fee of one hundred fifty dollars ($150).
Such application fee shall be nonrefundable.
B. An application investigation fee in the amount then charged by the
Colorado Department of Public Safety for each person who will be investigated as
required by this Chapter. Such application investigation fee shall be nonrefundable
KLE \53027 \314972.02 12
following a determination by the Planning Director that the application is complete
in accordance with Section 3.070. The application investigation fee shall be
refunded upon written request by the applicant in the event that the applicant
withdraws its application prior to the Planning Director's determination that the
application is complete.
3.090 Investigation.
A. Without undue delay following the Planning Director's determination
that an application is complete, the Planning Director shall transmit the application
to the Wheat Ridge Police Department for investigation of the background of each
individual applicant, manager, the partners of a partnership, the officers and
directors of a corporation and the manager of a limited liability company and
manager of the sexually- oriented business and to investigate the accuracy of the
information provided in the application. The investigation is intended to provide an
opportunity to determine whether the application is in conformance with the
requirements of this Chapter based on information and resources available to the
City and to determine if any applicant or those listed in Subsection A. of
Section 3.060 or manager has been convicted of a specified criminal act. The
results of such investigation shall not be interpreted or construed as constituting an
affirmation or verification by the City that the information contained in the
application is factually correct or accurate.
B. Within five (5) days of receipt of an application for a sexually- oriented
business license, the Planning Director shall notify the local Fire Chief, the local
Building Inspector, and the Health Commissioner of such application. In making
such notification, the Planning Director shall request that the Fire Chief and Health
Commissioner promptly inspect the premises for which the sexually - oriented
business license is sought to assess compliance with the regulations under their
respective jurisdictions.
The Fire Chief shall provide to the Planning Director a written
certification of whether the premises are in compliance with the Fire Code within
ten (10) days of receipt of notice of the application.
C. The Building Inspector shall commence the inspection of the premises
for which a sexually- oriented business license is sought promptly upon receipt of
notice of the application, and shall complete a written certification of whether the
premises are in compliance with the Building Code, the Planning and Zoning Code,
and the provisions of this Chapter related to physical characteristics of the
premises within fifteen (15) days after receipt of the application.
D. The Planning Director may cause to be conducted any other
investigation deemed necessary by the Planning Director to determine the
application's conformance with any requirement of this Chapter including, but not
limited to, an investigation of the proposed sexually- oriented business location's
conformance with the Wheat Ridge Code of Laws, or other applicable laws.
KLE \53027 \314972.02 13
3.100 Approval or denial of application.
A. A completed license application filed with the Planning Director shall
be administratively approved or denied by the Planning Director within thirty (30)
days of the date of the filing of the application. The Planning Director shall deny a
license application if:
1. The applicant is under the age of eighteen (18) years or, if the
sexually- oriented business will provide, conduct, feature, show, or present live
sexually- oriented entertainment, under the age of twenty -one (21) years;
2. The application or any investigation performed by the City
demonstrates or establishes that the proposed sexually - oriented business fails to
conform to any requirement of this Chapter, the Wheat Ridge Code of Laws, or
other applicable law;
3. The applicant knowingly made a false statement or knowingly gave
false information in connection with the application;
4. The individual applicant or a director or officer of a corporation,
partner of a partnership, or manager of a limited liability company or manager of
the sexually - oriented business has had a sexually- oriented business license revoked
or suspended within five (5) years prior to the application;
5. The individual applicant or a director or officer of a corporation, or
partner of a partnership or manager of a limited liability company or manager of the
sexually- oriented business has operated a sexually- oriented business which was
determined to be a public nuisance under state, federal or. local law within five (5)
years prior to the application;
6. A corporate applicant or limited liability company applicant is not in
good standing or authorized to do business in the State of Colorado;
7. The individual applicant, manager, director or officer of a corporation,
partner of a partnership, or manager of a limited liability company has been
convicted of a specified criminal act for which:
a. Less than two (2) years have elapsed since the date of the conviction
or the date of release from confinement or supervision, whichever is the later date,
if the conviction is of a misdemeanor offense; or
b. Less than five (5) years have elapsed since the date of conviction or
the date of release from confinement or supervision, whichever is the later date, if
the conviction is of a felony offense; or
C. Less than five (5) years have elapsed since the date of conviction or
the date of release from confinement or supervision whichever is the later date, if
the convictions are of two or more misdemeanors. The fact that a conviction is
being appealed shall have no effect on the disqualification of the applicant. For the
purposes of this subsection, "convicted" includes having pleaded guilty or nolo
contendere to a specified criminal act or any offense for which the factual basis
involved one of the specified criminal acts. "Convicted" includes persons who
have received a deferred judgment and sentence or a deferred adjudication for a
specified criminal act or any offense for which the factual basis involved one of the
specified criminal acts; or
KLEM0 2 713 1 497 2.02 14
8. The applicant is overdue in payment to the City of taxes, fees, fines,
or penalties assessed against the applicant or imposed against the applicant in
relation to a sexually- oriented business.
B. In the event that the Planning Director approves a license application,
the Planning Director shall make a written finding that the application conforms to
the requirements of this Chapter based on the information available and the
investigation performed by the City. The Planning Director may make additional
findings as deemed necessary to identify the Planning Director's basis for approval.
The written finding(s) shall be sent by certified mail to the address of the applicant
as shown in the application within ten (10) days after the date of the Planning
Director's approval. Nothing in this Chapter shall prevent or preclude the Planning
Director from revoking such approval where it is discovered that the application
contained or included a false or incorrect statement or false or incorrect information
which would otherwise constitute sufficient grounds or basis for the denial of the
application. Approval of a license application shall not constitute issuance of a
sexually- oriented business license. Issuance of a license shall be made only in
accordance with Section 3.120. The decision of the Planning Director to approve a
license application shall not be construed as a quasi - judicial act but shall be a final
administrative decision of the City.
C. The Planning Director's approval of a license application shall be valid
for one (1) year following the date of approval. Failure to obtain the issuance of
the license pursuant to Section 3.120 within such one -year period shall require the
submission of a new application.
D. In the event that the Planning Director denies a license application, the
Planning Director shall prepare written findings of fact and a decision stating the
reasons or basis for the denial. A copy of the Planning Director's findings and
decision shall be sent by certified mail, return receipt requested, to the address of
the applicant as shown in the application within ten (10) days after the date of the
Planning Director's denial. The Planning Director's decision to deny a license
application shall become a final administrative decision of the City on the
fourteenth (14th) day following the date of the decision unless the applicant files a
timely request for appeal to the City Manager or designee as provided by
Section 3.110.
3.110 Appeal of application denial.
A. In the event that the Planning Director denies a license application, an
applicant shall have the right to a quasi - judicial hearing before the City Manager or
designee for the purpose of appealing the Planning Director's administrative
decision. A written request for a hearing shall be made to the City Manager or
designee within ten (10) days of the date of the mailing of the Planning Director's
written findings and decision denying the license application. The hearing shall be
conducted within ten (10) days of the City Manager's or designee's receipt of the
written request for a hearing unless a later date is requested by the applicant.
KLE \53027 \314972.02 15
B. Upon receipt of a timely request for a hearing, the City Manager or
designee shall schedule a hearing and notify the applicant of the date, time, and
place of the hearing. Such notification may be made by the City by telephone
provided that a written notice shall also be mailed or delivered to the applicant at
the applicant's address shown in the application. An applicant may be represented
at the hearing by an attorney or other representative. An applicant or the City may
request a continuation or postponement of the hearing date.
C. The City Manager or designee shall have the power to administer
oaths, issue subpoenas to require the presence of persons, and when necessary,
grant continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney may:
1. Petition any judge of the Municipal Court of the City, setting forth that
due notice has been given of the time and place of attendance of the witness and
the service of the subpoena, requesting that the court, after hearing evidence in
support of or contrary to the petition, enter its order compelling the witness to
attend and testify or produce books, records or other evidence, under penalty of
punishment for contempt in case of willful failure to comply with such order of
court; or
2. Petition the District Court in and for the county, setting forth that due
notice has been given of the time and place of attendance of the witness and the
service of the subpoena, requesting that the court, after hearing evidence in
support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
D. At the hearing, the City Manager or designee shall hear and consider
such evidence and testimony presented by the City, the applicant, or any other
witnesses presented by the City or the applicant which are relevant to the stated
reason and basis for the Planning Director's denial of the license application. The
City Manager or designee shall conduct the hearing in conformity with quasi - judicial
proceedings and shall permit the relevant testimony of witnesses, cross -
examination, and presentation of relevant documents and other evidence. The
hearing shall be recorded stenographically or by electronic recording device. Any
person requesting a transcript of such record shall pay the reasonable cost of
preparing the record.
E. Not less than ten (10) days following the conclusion of the hearing,
the City Manager or designee shall send a written order by certified mail, return
receipt requested, to the applicant at the address as shown on the application. The
order shall include findings of fact and a final decision concerning the approval or
KLE \53027 \314972.02 16
denial of the application. In the event that the City Manager or designee concludes
that the application is approved, such approval shall constitute approval by the
Planning Director, and the applicant may seek issuance of a license in accordance
with this Chapter.
F. The order of the City Manager or designee made pursuant to this
section shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the
District Court, the City Manager's or designee's decision shall be final upon the
earlier of the date of the applicant's receipt of the order or four (4) days following
the date of mailing.
G. To facilitate prompt judicial review of any appeal to the District Court
pursuant to Colorado Rules of Civil Procedure 106(a)(4), the City shall agree to an
expedited briefing schedule in which each of the deadlines otherwise required for
filing of the opening brief, answer brief and reply brief are shortened by at least ten
(10) days. The City shall proffer to the applicant a joint motion to the court
requesting prompt judicial attention to, and acceleration of, the appeal in
accordance with Colorado Rules of Civil Procedure 106(a)(4)(VIII).
3.120 Issuance of license.
A. No license shall be issued by the Planning Director after approval of an
application until such time as the building in which the business is to be conducted
is ready for occupancy with such furniture, fixtures, and equipment in place as are
necessary to comply with the provisions of this Chapter and other applicable codes
of the City or State, and then only after inspection of the premises and certification
by the Police Department that the applicant has complied with the plans and
specifications approved by the City with the application. Such inspection of the
premises shall be made within ten (10) days after the Planning Director receives
written notification from the applicant that the applicant desires inspection of the
premises and the issuance of a license.
B. If the licensed business premises has been closed or inactive for at
least one (1) year, the Planning Director may revoke or elect not to renew the
license.
3.130 Term of the license.
All licenses issued pursuant to this Chapter shall be valid for the entire
calendar year in which the license is issued unless revoked. Each license term shall
expire on December 31 of the calendar year for which the license is issued unless
the license is renewed for the next subsequent calendar year. No proration of any
application or license fee or any other requirement shall be permitted for any
application or license filed or issued after January 1 of any calendar year.
KLE \53027 \314972.02 17
3.140 License renewal.
A. Renewal of an existing license issued pursuant to this Chapter shall be
granted upon the payment of the annual licensing fee and the filing of a completed
renewal application with the Planning Director not less than forty -five (45) days
prior to the date of license expiration (December 31). The Planning Director may
waive the timely filing requirement where the licensee demonstrates in writing that
the failure to timely file is not solely the result of the applicant's neglect; provided
that no renewal application shall be accepted by the Planning Director from any
licensee after December 31 of the calendar year in which the license expires.
B. A license that is under suspension may be renewed for the next
calendar year in accordance with this section provided that such renewal shall not
modify, alter, terminate, or shorten the period or term of the the suspension. The
suspension of a license shall not extend the term of the license or otherwise relieve
the licensee from timely seeking renewal of the license in accordance with this
section.
3.150 Suspension of license.
A. The City Manager or designee may suspend a license for a period not
to exceed six (6) months upon a finding of any of the following factors:
1. Two (2) or more repeated disturbances have occurred within a six (6)
month period upon the licensed premises or upon any parking areas, sidewalks,
access ways or grounds within the immediate neighborhood of the licensed
premises involving a patron or customer, manager, employee, or the licensee;
2. The licensee, manager, or any employees thereof illegally offered for
sale or illegally allowed to be consumed or possessed upon the licensed premises,
or upon any parking areas, sidewalks, walkways, access ways or grounds
immediately adjacent to the licensed premises, narcotics or dangerous drugs or
fermented malt beverages, or malt, vinous or spirituous liquors;
3. The licensee or manager is not upon the licensed premises at all times
that the sexually- oriented business is open for business or at all times when the
business premises is occupied by any employee, agent, invitee, or other person;
4. Sexually - oriented entertainment was offered at the licensed
establishment or the sexually- oriented business was open for business during hours
prohibited by this Chapter;
5. The licensee, manager, or employee has allowed or permitted patrons
to engage in public displays of indecency or has allowed or permitted patrons or
employees to engage in acts of prostitution or negotiations for acts of prostitution
within the licensed establishment or upon any parking areas, sidewalks, access
ways, or grounds immediately adjacent to the licensed establishment;
6. The licensee or manager knowingly made a false statement or
knowingly gave false information in connection with an application for a license or
a renewal of a license;
7. The licensee, manager, or employee knowingly violated or knowingly
allowed or permitted a violation of any provision of this Chapter;
KLE\53027 \314972.02 18
8. A manager or employee of the licensed establishment is under the age
of eighteen (18) years or, if live sexually- oriented entertainment is performed,
provided, featured, shown, or presented at the sexually- oriented business, a
manager is under the age of twenty -one (21) years;
9. The licensee, in the case of a corporation or limited liability company,
is not in good standing or authorized to do business in the State of Colorado;
10. The licensee is delinquent in payment to the City or State for any
taxes or fees past due; or
11. The licensee, manager, or employee has allowed specified sexual
activities to occur within the licensed premises.
B. Nothing in this Chapter shall prohibit the City from taking any other
enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the
State, or of the United States.
C. A licensee shall be entitled to a quasi - judicial hearing before the City
Manager or designee if the City seeks to suspend a license based on a violation of
this Chapter.
1. When there is probable cause to believe that a licensee has violated or
permitted a violation of this Chapter to occur in or near the licensed establishment,
the City Attorney may file a written complaint with the City Manager or designee
setting forth the circumstances of the violation.
2. The City Manager or designee shall send a copy of the complaint by
certified mail, return receipt requested, to the licensee at the address as shown on
the license application, together with a notice to appear before the City Manager or
designee for the purpose of a hearing to be conducted at a specified date and time
and at a place designated in the notice to show cause why the licensee's license
should not be suspended. Such hearing shall be held on a date not less than
fourteen (14) days following the date of mailing of the complaint and notice to the
licensee.
D. At the hearing, the City Manager or designee shall hear and consider
such evidence and testimony presented by the Police Department or other
enforcement officers, the City, the licensee, or any other witnesses presented by
the City or the licensee which are relevant to the violations alleged in the
complaint. The City Manager or designee shall conduct the hearing in conformity
with quasi - judicial proceedings and shall permit the relevant testimony of
witnesses, cross examination, and presentation of relevant documents and other
evidence. The hearing shall be recorded stenographically or by electronic recording
device. Any person requesting a transcript of such record shall pay the reasonable
cost of preparing the record.
E. The City Manager or designee shall make written findings of fact from
the statements and evidence offered and shall reach a conclusion as to whether the
alleged violations occurred. Such written findings and conclusion shall be prepared
and issued not less than ten (10) days following the conclusion of the hearing. If
the City Manager or designee determines that a violation did occur which warrants
suspension of the license pursuant to this section, the City Manager or designee
KLE \53027 \314972.02 19
shall also issue an order suspending the license. A copy of the findings,
conclusion, and order shall be hand delivered or mailed to the licensee by certified
mail, return receipt requested, at the address as shown on the license application.
F. For purposes of any appeal to the District Court, the City Manager's or
designee's decision shall be final upon the earlier of the date of the applicant's
receipt of the findings, conclusion, and order or four (4) days following the date of
mailing of the City Manager's or designee's decision. The order of the City
Manager or designee shall be a final decision and may be appealed to the District
Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Any suspension
ordered by the City Manager or designee may be stayed and held in abeyance
following the filing of a complaint for judicial relief and until a final conclusion of
the matter by the District Court. To facilitate prompt judicial review of any appeal
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4), the
City shall agree to an expedited briefing schedule in which each of the deadlines
otherwise required for filing of the opening brief, answer brief and reply brief are
shortened by at least ten (10) days. The City shall proffer to the applicant a joint
motion to the court requesting prompt judicial attention to, and acceleration of, the
appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4) (Vill).
G. The City Manager or designee shall have the power to administer
oaths, issue subpoenas to require the presence of witnesses, and when necessary,
grant continuances. Subpoenas may be issued to require the presence of persons
and production of papers, books, and records necessary to the determination of
any hearing which the City Manager or designee conducts. It is unlawful for any
person to fail to comply with any subpoena issued by the City Manager or
designee. A subpoena shall be served in the same manner as a subpoena issued by
the District Court of the State. Upon failure of any witness to comply with such
subpoena, the City Attorney shall:
1. Petition any judge of the Municipal Court of the City, setting forth that
due notice has been given of the time and place of attendance of the witness and
the service of the subpoena, requesting that the court, after hearing evidence in
support of or contrary to the petition, enter its order compelling the witness to
attend and testify or produce books, records or other evidence, under penalty of
punishment for contempt in case of willful failure to comply with such order of
court; or
2. Petition the District Court in and for the county, setting forth that due
notice has been given of the time and place of attendance of the witness and the
service of the subpoena, requesting that the court, after hearing evidence in
support of or contrary to the petition, enter its order as in other civil actions,
compelling the witness to attend and testify or produce books, records or other
evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court.
H. In the event of suspension or cessation of business, no portion of the
license fee shall be refunded.
KLE \53027 \314972.02 20
3.160 Revocation of license.
A. The City Manager or designee may revoke any license granted
pursuant to this Chapter upon a finding that either:
1. Two (2) or more violations of the provisions warranting suspension
contained in Section 3.150 have been found to exist during a two (2) year period;
or
2. The sexually- oriented business was operated and open for
sexually- oriented enteretainment during a period of time when the sexually- oriented
business license was suspended.
B. Nothing in this Chapter shall prohibit the City from taking any other
enforcement action provided for by the Wheat Ridge Code of Laws.
C. Where the City seeks to revoke a license, a licensee shall be entitled
to notice, a quasi - judicial hearing before the City Manager or designee, and the
right to appeal conducted in the same manner as a hearing for suspension as
provided by Section 3.150.
3.170 Display- Transferability - Change of ownership- Change of corporate structure.
A. Any sexually- oriented business license issued pursuant to the terms of
this Chapter shall be prominently displayed at all times upon the premises for which
the license was issued.
B. Licenses issued under this Chapter shall not be transferable, sold, or
leased except as provided herein. Any change in the partners of a partnership or in
officers or directors of a corporate licensee or manager of a limited liability
company holding a sexually - oriented business license shall result in termination of
the license of the partnership or corporation, unless such licensee, within thirty
(30) days of any such change, files a written notice of such change accompanied
by the application fee and an investigation fee as required by this Chapter. Any
such change shall be reported on forms provided by the Planning Director and shall
require the names of all new partners of a partnership, officers, and directors of a
corporation, and the manager of a limited liability company and any information as
required by Section 3.060. Approval or denial by the Planning Director of such
transfer shall be upon the same terms as provided for in this Chapter for the
approval or denial of a sexually - oriented business license.
C. When a license has been issued to a husband and wife or to general or
limited partners, the death of a spouse or partner shall not require the surviving
spouse or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors for
the balance of the license.
D. Each license issued under this Chapter is separate and distinct, and no
person shall exercise any of the privileges granted under any license other than that
which he holds. A separate license shall be issued for each specific business or
business entity and each geographical location.
KLE \53027 \314972.02 21
3.180 Manager- Change of manager.
A. A registered manager shall be on the premises of a sexually- oriented
business at all times that sexually- oriented entertainment is being provided,
performed, featured, shown or presented. A sexually- oriented business may have
more than one registered manager. It shall be unlawful for any person to work as a
manager of a sexually- oriented business without first registering with the Planning
Director. No manager shall work in a sexually- oriented business who has been
convicted of a specified criminal act within the time frames set forth in
Subsection 3.100A.(7) and as so defined.
B. In the event .a licensee changes the manager of a sexually- oriented
business, the licensee shall immediately report such change and register the new
manager on forms provided by the Planning Director within ten (10) days of such
change.
3.190 Time limits for entertainment.
It shall be unlawful for a sexually- oriented business, except a sexually -
oriented motel, to be open for business or for the licensee or any employee of a
licensee to allow patrons upon the licensed premises on any day from 2:00 a.m.
until 7:00 a.m.
3.200 Standards of conduct.
A. The following standards of conduct must be adhered to by employees
of any sexually- oriented arcade and employees of any sexually- oriented business
which offers, conducts, or maintains live sexually- oriented entertainment:
1. No employee or entertainer or patron shall be unclothed or in such
attire, costume or clothing so as to expose to view any portion of specified
anatomical areas, except upon a stage at least eighteen (18) inches above the
immediate floor level and removed at least six (6) feet from the nearest patron or
behind a solid, uninterrupted physical barrier which completely separates the
entertainer from any patrons. This barrier must be a minimum of one - quarter (1 /4)
inch thick and have no openings between the entertainer and any patrons. The
stage shall be fixed and immovable.
2, No employee or entertainer shall encourage or allow or permit any
person upon the premises to engage in specified sexual activities.
3. There shall be posted and conspicuously displayed in the common
areas of each place offering sexually- oriented entertainment a list of food and drink
prices.
4. Any tips for entertainers shall be .placed by a patron into a tip box
which is permanently affixed in the sexually- oriented business and no tip may be
handed directly to an entertainer. A licensee that desires to provide for such tips
from its patrons shall establish one (1) or more containers to receive tips. Any
physical contact between a patron and an entertainer or employee is strictly
prohibited.
KLE \53027 \314972.02 22
5. A sexually - oriented business that provides tip boxes shall
conspicuously display in the common area of the premises one (1) or more signs in
letters at least one (1) inch high to read as follows:
SEXUALLY - ORIENTED ENTERTAINMENT IS REGULATED BY THE CITY OF
WHEAT RIDGE:
All tips are to be placed in tip box and not handed directly to the entertainer.
Any physical contact between patrons and entertainers or employees is
strictly prohibited.
6. No sexually- oriented entertainment occurring on the premises shall be
visible at any time from outside of the premises.
7. It is the duty of the licensee of the premises to ensure that at least
one (1) employee is on duty and situated in each manager's station at all times that
any patron is present inside the premises.
8. It is the duty of the licensee and operator of the premises to ensure
that any doors to public areas on the premises remain unlocked during business
hours.
9. The interior of the premises shall be configured in such a manner that
there is an ,unobstructed view from a manager's station of every area of the
premises to which any patron is permitted access for any purpose, excluding
restrooms. Restrooms may not contain video reproduction equipment. If the
premises has two (2) or more managers' stations designated, then the interior of
the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any
purpose excluding restrooms from at least one (1) of the managers' stations. The
view required in this subsection must be by direct line of sight from a manager's
station. Any person occupying a manager's station shall be clearly visible from any
of the interior locations of the premises described herein excluding restrooms. The
use of electronic viewing devices, video cameras, photographic equipment, or any
other remote viewing devices does not constitute a direct line of sight. A
manager's station may not exceed thirty -two (32) square feet of floor area. A
manager's station shall be unlocked and be readily accessible for the purpose of
routine inspections as provided for in this Chapter.
10. No alteration to the configuration or location of a manager's station
may be made without the prior approval of the Planning Director.
11. It shall be the duty of the licensee, and it shall also be the duty of any
manager, agents and employees present in the premises, to ensure that the view
area specified in Subsection 9 of this Section remains unobstructed by any doors,
curtains, drapes, walls, merchandise, display racks or other materials at all times
and to ensure that no patron is permitted access to any area of the premises which
has been designated as an area in which patrons will not be permitted in the
license application filed pursuant to this Chapter.
12. A viewing room of less than one hundred fifty (150) square feet for a
sexually- oriented arcade shall not be occupied by more than one (1) person at any
one time.
KLE \53027 \314972.02 23
13. Viewing rooms must be separated from other viewing rooms by a
solid, uninterrupted physical divider which is a minimum of one - quarter (1/4) inch
thick and serves to prevent physical contact between patrons.
14. No person shall make or attempt to make an opening of any kind
between viewing rooms.
15. The licensee shall, during each business day, regularly inspect the wall
between the viewing rooms to determine if any openings or holes exist.
B. Nothing in this section shall be construed to permit any act on the
premises of a sexually - oriented business in violation of Title 12, Article 46 or
Article 47, C.R.S.
3.210 Age restrictions.
Admission to sexually - oriented businesses is restricted to persons of the age
of eighteen 0 8) years or older. For those sexually - oriented businesses which offer
live sexually- oriented entertainment, the age for allowable admission shall be
twenty -one (21) years or older. This minimum age limitation also applies to any
employees, agents, servants, or independent contractors working on the premises.
3.220 Entertainer license requirement.
No person shall appear, be featured, be shown, or be presented while nude
or semi -nude in any commercial establishment or private club unless licensed as an
entertainer pursuant to this Chapter.
3.230 Entertainer license.
A. Each entertainer to be employed in a sexually- oriented business shall
be required to obtain an Entertainer License. Each applicant shall pay a permit fee
of twenty -five dollars ($25.00). Said fee is to cover reasonable administrative
costs of the licensing application process.
B. Each entertainer shall display said entertainer license upon demand by
a police officer.
C. An applicant for an Entertainer License shall submit on a form to be
provided by the Planning Director or designee the following information:
1. The applicant's name or any other names (including "stage" names) or
aliases used by the individual;
2. Age, date, and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and.telephone number;
6. State driver's license or government issued photo identification card;
7. Social Security number; and
8. Acceptable written proof that the individual is at least twenty -one (21)
years of age.
9. Description and identification of the location of any tattoos on the
applicant's face, arms, legs, or hands, or any other anatomical area
KLE \53027 \314972.02 24
that normally would be visible when the applicant is on the premises
of the proposed sexually- oriented business.
The applicant shall attach to the application form a color photograph of the
applicant clearly showing the applicant's face and the applicant's fingerprints on a
form provided by the Wheat Ridge Police Department. Any fees for the
photographs and fingerprints shall be paid by the applicant.
The applicant shall provide a statement detailing the license or permit history
of the applicant for the five (5) years immediately preceding the date of the filing of
the application, including whether such applicant has ever had a license, permit, or
authorization to do business denied, revoked, or suspended, or had any
professional or vocational license or permit denied, revoked, or suspended. In the
event of any such denial, revocation, or suspension, the applicant shall state the
date, the name of the issuing or denying jurisdiction, and describe in full the
reasons for the denial, revocation, or suspension.
The applicant shall state whether the applicant has been arrested for a
specified criminal act, the date of the arrest, and the location of the offense.
D. The Planning Director or designee shall refer the Entertainer License
for an investigation to be made of such information as is contained on the
application. The application process shall be completed within ten (10) days from
the date the completed application is filed. After the investigation, the Planning
Director or designee shall issue a license unless the report from the police
department finds that one or more of the following findings is true:
1. That the applicant has knowingly made a false statement or knowingly
gave false information in connection with the application;
2. That the applicant is under twenty -one (21) years of age;
3. That the applicant has been convicted of a specified criminal act
within the time frames set forth in Subsection 3.100A.(7) and as so defined;
4. That the Entertainer License is to be used for employment in a
business prohibited by local or state law, statute, rule or regulation, or prohibited
by particular provisions of this Ordinance;
5. That the applicant has had an Entertainer License revoked or
suspended within two (2) years of the date of the current application.
E. The Entertainer License may be revoked for a violation of any of the
provisions of this Chapter.
F. Where the City seeks to revoke a license or deny a license, a licensee
shall be entitled to notice, a quasi - judicial hearing before the City Manager or
designee, and the right to appeal conducted in the same manner as a hearing for
suspension as provided by Section 3.150.
KLE \53027 \314972.02 25
3.240 Lighting requirements.
A. All off - street parking areas and premise entries of sexually- oriented
businesses shall be illuminated from dusk to closing hours of operation with a
lighting system which provides an average maintained horizontal illumination of one
(1) foot candle of light on the parking surface and /or walkways. This required
lighting level is established in order to provide sufficient illumination of the parking
areas and walkways serving the sexually- oriented business to help ensure the
personal safety of patrons and employees and to reduce the incidence of vandalism
and other criminal conduct.
B. The premises of all sexually- oriented businesses, except sexually- oriented
motion picture theaters and sexually- oriented motels, shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access to provide an illumination of not less than two (2)
foot candles of light as measured at the floor level.
C. Sexually- oriented motion picture theaters shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place to which patrons are
permitted access to provide an illumination of not less than one (1) foot candle of
light as measured at the floor level.
3.250 Right of entry.
The application for a sexually- oriented business license shall constitute
consent of the licensee and his agents or employees to permit the Wheat Ridge
Police Department or any other agent of the City to conduct routine inspections of
any licensed sexually- oriented business during the hours the establishment is
conducting business.
3.260 Signage and Exterior.
A. Notwithstanding any other City Ordinance, Code, or regulation to the
contrary, it shall be unlawful for the owner or operator of any sexually- oriented
business or any other person to erect, construct, or maintain any sign for the
sexually- oriented business other than one "primary sign" and one "secondary sign,"
as provided herein.
B. Primary signs shall have no more than two (2) display surfaces. Each
such display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed seventy -five (75) square feet in area; and
4. Not exceed ten (10) feet in height or ten (10) feet in length.
C. Primary signs shall contain no photographs, silhouettes, drawings or
pictorial representations of any manner.
D. Secondary signs shall have only one (1) display surface. Such display
surface shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
KLE \53027 \314972.02 26
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the establishment; and
E. The provisions of item (1) of Subsection B. shall also apply to
secondary signs.
F. It shall be unlawful for the owner or operator of a sexually- oriented
business to allow exterior portions of the sexually- oriented business to be painted
any color other than a single achromatic color. This provision shall not apply to
any sexually- oriented business if the following conditions are met:
1. The sexually- oriented business is a part of a commercial multi -unit
center; and
2. The exterior portions of each individual unit in the commercial multi-
unit center, including the exterior portions of the sexually- oriented business are
painted the same color as one another or are painted in such a way so as to be a
component of the overall architectural style or pattern of the commercial multi -unit
center.
3.270 Non - Conforming Use.
A. On the effective date of this Ordinance 1999- there exists
within the City one (1) use which meets the definition of sexually- oriented
bookstore, sexually- oriented novelty store or sexually- oriented video store. This
use is located at:
This use was not regulated prior to the adoption of this Ordinance 1999 -_, other
than the location requirements of the previous enactment of this Chapter, and may
continue to exist as a legal nonconforming use after the effective date of said
ordinance only if it otherwise complies with the provisions of this Ordinance 0 -99-
1. The above - listed nonconforming use may be continued if it otherwise
comply within three (3) months of the effective date with the provisions of this
Ordinance 1999-
2. A conforming building or structure containing these nonconforming
uses may be repaired, but it may not be structurally altered unless the building,
structure, or a portion thereof, is declared unsafe by the City building inspector, in
which case the building, structure, or portion thereof declared unsafe may be
strengthened, altered, or restored to a safe condition.
3. The nonconforming use shall not be changed to a different
nonconforming use; the nonconforming use shall not be changed to any other
sexually- oriented business use.
4. The nonconforming use, if changed to a conforming use, may not
thereafter be changed to any nonconforming use.
KLE \53027 \314972.02 27
5. The nonconforming use shall not be extended or expanded. An
extension or expansion shall include any increase in the floor area of the building or
structure in which the nonconforming use is conducted, and any expansion or
relocation of the nonconforming use, in whole or in part, to a different part of the
building or structure.
6. If the nonconforming use is discontinued for a period of one hundred
eighty (180) days or more, regardless of any intent to resume operations, any
future use of the building or structure shall be a conforming use.
7. If a conforming building or structure containing a nonconforming use is
destroyed or damaged to the extent of more than sixty (60) percent of its value, as
determined pursuant to the method of valuation of buildings for permit issuance in
the Building Code, any future use of the rebuilt or restored building or structure
shall be a conforming use.
3.280 Inspection.
A. The Police Department shall, from time to time and at least four times
a year, inspect each sexually- oriented business licensed under the provisions of this
Chapter in order to assess compliance with the provisions of this Chapter.
B. The Planning Director shall, from time to time and at least four times a
year, request that the Health Commissioner inspect each sexually- oriented business
licensed under the provisions of this Chapter in order to assess compliance with the
provisions of this Chapter.
C. An applicant or licensee shall permit the City Building Inspector and
representatives of the City Police Department, Fire Department, or other City
departments or agencies, or the Health Commissioner, to inspect the premises of a
sexually- oriented business for the purpose of insuring compliance with the law, at
any time that it is occupied or open for business.
D. A person who operates a sexually- oriented business or his agent or
employee commits a misdemeanor of the first degree if he refuses to permit such
lawful inspection of the premises.
KLE \53027 \314972.02 28
3.290 Enforcement.
A. If any person fails or refuses to obey or comply with or violates any of
the provisions of this Ordinance, such person upon conviction of such offense shall
be punished by a fine not to exceed one thousand dollars ($1,000.00) or by
imprisonment not to exceed one year in jail, or both, in the discretion of the court.
Each violation or non - compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or non - compliance shall be
considered as a separate offense.
B. Nothing herein contained shall prevent or restrict the City from taking
such other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or non - compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for injunctive relief or an
action at law for damages.
C. All remedies and penalties provided for in this Chapter shall be
cumulative and independently available to the City, and the City shall be authorized
to pursue any and all remedies to the full extent allowed by law.
3.300 Severability.
Should any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Chapter or application thereof to any person or circumstance, be
declared by a court of competent jurisdiction to be unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of
this Chapter, or its application to any other person or circumstance, and, to this
end, the provisions of this Chapter are declared to be severable.
Section 2. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 1999, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
KLE \53027 \314972.02 29
Hearing and consideration on final passage set for , 1999, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 1999.
SIGNED by the Mayor on this day of 1999.
ATTEST:
WANDA SANG, CITY CLERK
—. GRETCHEN CERVENY, MAYOR
Approved As To Form By City Attorney
Gerald E. Dahl, City AttornEY
First Publication:
Second Publication:
Wheat .Ridge Transcript
Effective Date:
KLE \53027 \374972.02 30
CITY COUNCIL MINUTES: MAY 24, 1999 Page - 3 -
Mr. Dahl pointed out some typos in Section 13 -63(4) and Mr. Mancinelli included in his motion
that these be corrected.
Mrs. Dalbec asked for a friendly amendment to add to (4) .... taking into consideration the
safety of school children. Motion maker and second accepted.
Motion by Mrs. Worth to change the first sentence in (4) to read 'The Director of Public Works
shall have the discretion to grant or deny the petition for designation.... .. ; seconded by Mr.
Siler; carried 7 -1 with Mrs. Dalbec voting no.
Motion by Mrs. Shaver to delete the words `or stopped" wherever applicable; seconded by Mr.
DiTullio; failed 7 -1 with Mrs. Shaver voting yes.
Motion by Mrs. Dalbec for an amendment to Section 2. (1) to add ..but not within the area
immediately in front of the school property lines and on the same side of the street as the
school; seconded by Mrs. Shaver; tied 4-4 with Councilmembers Dalbec, DiTullio, Shaver, and
Donnelly voting yes. Mayor broke the tie by voting no; Motion failed 5-4.
Motion by Mrs. Worth to amend Section 13.66 to take out sole and exclusive; seconded by Mr.
Siler; carried 8 -0.
Vote on original motion as amended carried 8 -0.
Item 3. Council Bill 13 - An Ordinance amending Section 21 -141 of the Wheat Ridge
Code of Laws, concerning contracts for the installation of courtesy bus benches.
Council Bill 13 was introduced on first reading by Mr. DiTullio, who also read the title.
Mr. White explained that the City is looking for similar contracts for bus benches as we
currently have for bus shelters. It is difficult to keep track of 130 benches city -wide;
contracting with one company will allow for some efficiency for his staff and responding to
requests for maintenance and repairs; it will also give us the opportunity to have one bench
design instead of a myriad of designs; right now the system of bus benches is on a first come
first served basis; there is no overall plan or strategy for installing those benches; by working
with one contractor we would be able to do that.
Motion by Mr. Siler to table Council Bill 13 indefinitely; seconded by Mr. DiTullio; carried 8 -0.
Item 3.A. Council Bill 14 - An Ordinance extending the temporary moratorium on new or
expanded adult entertainment facilities and sexually oriented businesses within
the City.
Council Bill 14 was introduced by Mr. DiTullio, who also read the title.
Motion by Mr. DiTullio that Council Bill 14 be approved on first reading, ordered published,
public hearing be set for Monday, June 14, 1999 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mrs. Dalbec; carried 8 -0.
�6CA-57-7-03
GORSUCH KIRGIS LLP
ATTORNEYS AT LAW
TO:
FROM
DATE:
RE:
Alan White, Planning Director �y�
Gerald E. Dahl, City Attorney Q / �om$!/
May 17, 1999
Adult Entertainment Facilities and Sexually Oriented
City
y �D
161 �ctgrs
v
As you know, on April 12, Council approved a 90 day moratorium on new or expanded
sexually- oriented businesses within the City in order to enable the Planning Department and
my office to prepare the requisite materials needed to pass a new, legally sustainable sexually -
oriented business ordinance.
We need the Planning Department's assistance over the next 60 days.
Currently, Chapter 3 of the Code prohibits two adult entertainment uses within 2,500
feet of each other and restricts these facilities to locations at least 1,000 feet from residentially -
zoned property, public or private schools, churches, parks or playgrounds.
The current framework used by courts to evaluate the validity of distance regulations
requires planning departments to demonstrate what actual effect the distance restrictions have
on the community. Applying the community regulation, planning departments must designate
which areas are commercially available for these uses. If the distance restrictions when
applied effectively preclude an adult business to operate anywhere within the City, the
regulation will be struck down. Standards in cases vary across the country, but regulations
have been upheld where a relatively minimal amount of property is left available to potentially
be devoted to these uses.
The study needed from the Wheat Ridge Planning Department should likely be
conducted as follows: First, using Section 3 -4 of the Code, on a map of the City, map out
where residential uses are, then where public or private schools are (including preschool, day
care centers, elementary, secondary, and high schools), and where churches, temples, parks,
and playgrounds are. Location of the property lines of the above - referenced uses will be
needed, as measurements in the Code are from property line to property line. Then, using the
KLE \53027 \314741.01
definitions of adult entertainment facilities in the Code, map out where these uses are currently
being conducted in the City. Next, plot out which areas of the City are not within 1000 feet of
the non -adult entertainment facilities listed above. Finally, a separate map meeting all of the
listed criteria should then show which areas of the City, in addition to meeting the 1000 foot
requirement mentioned above, are also 2500 feet from other sexually- oriented businesses.
Finally, designate which of these uses are "commercially available," meaning not in, for
example, a gravel pit. The sample report discussed below gives a definition of "commercially
available" for your use.
Because the current locational requirements in the Code are likely to leave little, if any,
commercially available space for these uses, you should then perform the analysis with less
stringent requirements, in order that we may evaluate the validity of a potential new ordinance.
You should use the following standards: 500 feet instead of the 1000 feet restriction found in
Sec. 3 -4 (1), (2), and (3), and 1500 feet instead of the 2500 feet restriction found in Sec. 3 -4
(
I have attached the report recently prepared by the City of Lakewood to illustrate the
type of report required. I also enclose a copy of our first draft of the proposed ordinance. I
would like to gb to first reading the first meeting in June. Bob Middaugh also has a copy.
Lakewood elected to contract its study out, which you may desire to do as well.
Contact me or Malcolm Murray at (303) 376 -5016 if you have questions regarding the
information needed.
Enclosure
cc: Bob Middaugh
Memo: Study Needed -2-
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER.DITULLIO
Council Bill No. 7
Ordinance No. 1156
Series of 1999 -
TITLE: AN ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON NEW OR EXPANDED ADULT
ENTERTAINMENT FACILITIES AND SEXUALLY
ORIENTED BUSINESSES WITHIN THE CITY AND
DECLARING AN EMERGENCY
WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality
duly and regularly organized and existing as a body corporate and politic under and
by virtue of the Constitution and laws of the State of Colorado, and Section 1.3 of
the Home Rule Charter for the City confers all home rule powers to the City; and
WHEREAS, the City may adopt such ordinances relative to local and
municipal matters as are necessary to effectuate the purposes and intent of power
granted to home rule municipalities by the Constitution of the State of Colorado;
and
WHEREAS, the City has initiated a process to revise and update the
provisions of the Wheat Ridge Code of Laws (the "Code ") regarding adult
entertainment facilities and sexually oriented businesses;
WHEREAS, the revised Code will concern adult entertainment facilities and
sexually oriented businesses; and regulation of these businesses furthers
substantial governmental interests and is necessary because in the absence of such
regulaiion significant criminal activity has historically and regularly occurred
including prostitution, narcotic and liquor law violations, crimes against persons and
crimes against property; and
WHEREAS, these businesses are frequently used for unlawful and
unhealthful sexual activities including prostitution and sexual liaisons of a casual
nature; and
WHEREAS, the concern over sexually transmitted diseases including AIDS is
a legitimate health concern of the City which demands reasonable regulation of
these businesses in order to protect the health and well being of persons
patronizing these businesses; and
KLE\53027 \312500.01
WHEREAS, these businesses have a harmful effect on both neighboring
businesses and surrounding areas causing an increase in crime and a decrease in
property values; and
WHEREAS, it is recognized that these businesses have serious objectionable
characteristics, which, if not properly regulated, contribute to urban blight and
downgrading the quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control the adverse
effects of sexually oriented businesses and thereby protect the health, safety and
welfare of the citizens; preserve the quality of life, preserve the property values and
character of surrounding neighborhoods; deter the spread of. urban blight and
protect the citizens from increased crime, while at the same time protecting the
lawful rights of such businesses; and
WHEREAS, the City Council is concerned that individuals may accelerate
plans for, expand, or request building permits for such businesses in reaction to
this revision process; and
WHEREAS, the City Council finds that acceptance and processing of
applications for zoning or development approval and for building permits for adult
entertainment facilities and sexually oriented businesses prior to the completion of
the consideration of the revisions to the Code will not promote coordinated,
innovative, high - quality planning or produce a well - balanced community and other
elements directly related to the quality of life for existing and future residents in the
City; and
WHEREAS, the City Council finds that a delay in the acceptance and
processing of such applications for a period of time not to exceed July 15, 1999, is
necessary and in the best interest of the City in order for the City to complete its
review of the revision of the Code concerned with adult entertainment facilities and
sexually oriented businesses; and
WHEREAS, this temporary moratorium is necessary in order to permit
consideration by the City Council of such revisions as described above; and
WHEREAS, zoning and development approvals and issuance of building
permits for adult entertainment facilities and sexually oriented businesses prior to
the consideration by the Council of the revisions to the Code, would defeat the
efforts of the City to protect the public, promote comprehensive planning, and to
protect existing neighborhood integrity;
KLE \53027 \312500.01 1 -2-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. Moratorium Declared The City Council hereby declares and
imposes a moratorium upon the acceptance and processing of applications for, and
the issuance of, building permits and /or zoning or development approvals for the
construction or operation of adult entertainment facilities and sexually oriented
businesses (including the following businesses, which for the purposes of this
Ordinance are more fully defined on Exhibit A attached hereto: adult arcades, adult
bookstores, adult novelty stores, adult video stores, adult cabarets, adult
entertainment facilities, adult motels, adult motion picture theatres, nude model
studios, and sexual encounter centers, whether or not alcoholic beverages are
offered for sale in connection with such businesses), said moratorium to terminate
on July 15, 1999, unless terminated earlier by the City Council. Nothing contained
in this Ordinance is to be construed to limit or preclude the City Council from
termination, repeal, amendment, or modification of this Ordinance prior to July 15,
1999.
Section 2. . Vested Rights Nothing in this Ordinance shall be construed as
affecting any lawfully vested rights to complete construction where construction
was commenced or authorized pursuant to a building permit duly issued prior to the
effective date of this Ordinance.
Section 3. Emergency Declared. Pursuant to Charter Section 5.13, the City
Council hereby finds, determines, and declares that this Ordinance is promulgated
under the general police power of the City of Wheat Ridge and that this Ordinance
is necessary for the immediate preservation of public peace, health and safety.
Specifically, the immediate effectiveness of this Ordinance is necessary to permit
the City to review and revise its regulations concerning sexually oriented
businesses and adult entertainment facilities in an environment free from pending
applications, and for the reasons set forth herein.
Section 4. Severability If any sentence, subsection, or clause of this
Ordinance be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining sections, subsections, and clauses shall not be affected thereby. All
other ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
- Section 5. Effective Date Pursuant to Charter Section 5.13, this Ordinance
shall take effect immediately upon adoption.
KLE\53027 \312500.01 -3-
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote
of 8 to 0 on this 12TH day of April, 1999, ordered published in full in a newspaper
of general circulation in the City of Wheat Ridge.
SIGNED by the Mayor on this 13th day of April, 1999.
ETCHEN CERVENY, MA
ATTEST:
WANDA SANG, CITY Cl-&�K
Approved As To Form
=� ua
GERALD E. DAHL, CITY ATTOR EY
First Publication: April 16, 1999
Wheat Ridge Transcript
KLE \53027 \312500.01 -4-
EXHIBIT A
TO MORATORIUM ORDINANCE
"Adult arcade" means any commercial establishment or private club where,
for any form of consideration, one or more still or motion picture projectors, slide
projectors, or similar machines, or other image producing machines, for viewing by
five or fewer persons per machine at any one time, are used to regularly show
films, motion pictures, video cassettes, slides, or other photographic reproductions
or mechanically, electronically, chemically, or digitally reproduced visual materials
characterized by an emphasis upon the depiction, display or exhibition of specified
sexual activities or specified anatomical areas.
"Adult bookstore," "adult novelty store" or "adult video store" means a
commercial establishment which devotes a significant or substantial portion of its
business to any one (1) or more of the following:
A. The sale, rental or viewing, for any form of consideration, of books,
magazines, periodicals or other printed matter or photographs, films, motion
pictures, videocassettes, slides or other photographic reproductions or
mechanically, electronically, chemically, or digitally reproduced visual materials
which are characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas;
B. Instruments, devices, or paraphernalia which are designed for use or
marketed primarily for engaging in specified sexual activities;
C. A significant or substantial portion of its business is shown by
characteristics including, but not limited to, some or all of the following:
1. A significant or substantial portion of its stock in trade consists of the
items listed in A. and /or B. above; or
2. A significant or substantial portion of its revenues is derived from the
rental or sale of items listed in A. and /or B. above; or
3. A significant or substantial portion of its floor space, shelf space or
storage space is devoted to the items listed in A. and /or B. above; or
4. A significant or substantial portion of its advertising is devoted to the
items listed in A. and /or B. above.
"Adult cabaret" means a nightclub, bar, restaurant, concert hall, auditorium,
or other commercial establishment or private club which regularly features or
presents live adult entertainment.
"Adult motel" means a hotel, motel or similar commercial establishment
which:
A. Offers accommodations to the public for any form of consideration;
provides patrons with closed- circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions or mechanically,
electronically, chemically, or digitally reproduced visual materials which are
KLE \53027 \312500.01
characterized by an emphasis upon the depiction, display or exhibition of specified
sexual activities or specified anatomical areas; and has a sign visible from the
public right -of -way which advertises the availability of this adult 'type of
photographic reproduction; or
B. Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub -rent the room
for a period of time that is less than ten (10) hours.
"Adult motion picture theater" means any commercial establishment or
private club, where for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions or mechanically,
electronically, chemically, or digitally reproduced visual materials are regularly
shown characterized by an emphasis upon the depiction, display or exhibition of
specified sexual activities or specified anatomical areas. Any establishment meeting
the definition of an adult arcade is not an adult motion picture theater.
"Nude model studio" means any place where a person who appears semi-
nude, in a state of nudity, or who displays specified anatomical areas, is provided
to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons. Nude Model Studio shall not include a proprietary
school licensed by the State of Colorado or a college, junior college or university
supported entirely or in part by public taxation, a private college or university which
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or a
business in a structure:
A. That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi -nude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least
three (3) days in advance of the class; and
C. Where no more than one (1) nude or semi -nude model is on the
premises at any one time.
The following definitions shall apply to the terms used in the definitions
listed above:
"Adult business" means an adult arcade, adult bookstore, adult cabaret,
adult novelty store, adult video store, nude modeling studio, adult motel, adult
motion picture theater, or sexual encounter center.
"Adult entertainment" means any exhibition, display, or dance which
involves the exposure to view of specified anatomical areas.
- "Entertainer" means a person who performs, dances, or otherwise entertains
while nude or semi -nude in an adult business regardless of whether or not said
person is paid a salary, wage, or other compensation for said performance.
KLE \530271312500.01 _6_
"Nudity" or a "state of nudity" means the display of specified anatomical
areas.
"Performance" means a play, motion picture, dance, or other exhibition
performed before an audience.
"Semi- nude" means a state of dress in which clothing covers no more than
the genitals, pubic region, or any portion of the female breast below the top of the
areola, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter center" means a business or commercial establishment or
private club that regularly offers, for any form of consideration, a place where two
(2) or more persons may congregate, associate, or consort when, one (1) or more of
the persons is in a state of nudity or semi -nude. This definition does not apply to
any treatment or examination of another person for a bona fide medical purpose
when such treatment or examination is conducted in a manner substantially
consistent with reasonable medical practices.
"Specified anatomical areas" means and includes any of the following:
A. Less than completely and opaquely . covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately above the top
of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified criminal act" means any offense which is included in the definition
of "unlawful sexual behavior" under Section 18 -3- 412.5, C.R.S., Sex Offenders -
Duty to Register - Penalties, or any offense committed in another state that, if
committed in the State of Colorado, would constitute an offense involving unlawful
sexual behavior, or any offense that has a factual basis of one (1) of the offenses
specified in the definition of "unlawful sexual behavior." Specified criminal act also
includes any offense involving soliciting for prostitution, prostitution, patronizing a
prostitute, pandering, pimping, public indecency, or the distribution or possession
of obscene materials.
"Specified sexual activities" means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B. Sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, or sodomy;
C. Flagellation, mutilation or torture for purposes of sexual arousal,
gratification, or abuse.
D. Human genitals in a state of sexual stimulation, arousal, or
tumescence; or
E. Excretory functions as part of or in connection with any of the
activities set forth in Subsections A. through D. of this definition.
KLE \53027 \312500.01 _7_
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