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HomeMy WebLinkAboutZOA-06-05CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ¢axr_ Council Bill No. 07-2007 Ordinance No. 1387 Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements 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 social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business whose sole, exclusive, or principal service provided is the leasing of space to persons or groups for private events such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses - Commercial and Industrial Districts, the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 1 1 , article XI 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. 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 14th day of may 2007, 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 11 , 2007, 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 g to 0 this 11th day of June , 2007. 2 SIGNED by the Mayor on this 12th day of June 2007. ! Vullio, V Jer y iayor ATTEST: AZW~ Michael Snow, City Clerk First Publication: May 17, 2007 Second Publication: June 14, 2007 Wheat Ridge Transcript Effective Date: June 29, 2007 ey a" 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 08-2007 Ordinance No. 1388 Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: vaozovo, Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within one hundred (100) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. (c) For the purpose of subsection (b) of this section, the distance between social club and a residential district or a residential lot shall be measured in V4020907 straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within one hundred (100) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. V4020907 4 (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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; V4020907 5 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d V4020907 6 (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight- line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within one hundred (100) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within one hundred (100) feet from the closest exterior wall of the structure in which the social club will be located. (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). V4020907 7 (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a , and social shall club license Ia sought promptly upon receipt of notice of the app written certification of whether the premises are in compliance with the building code and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, 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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado, or (7) 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 any business in which the applicant is the owner of at least a ten percent (10%) interest. V4020907 8 (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating the reasons or basis for the denial. A copy of the finance division'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 finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. V4020907 9 Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. v4o2090 10 (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. (13) Any other violation of this Article. (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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. V4020907 11 An applicant may be represented at the hearing by an attorney or other representative. An applicant or the city may request a continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager shall send a copy of 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 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. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager 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 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 shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. va0z090i 12 (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking 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) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11-252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club 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 article is separate and distinct, and no person shall exercise any of the privileges granted under any license other than V4020907 13 that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location. Sec. 11-262. Manager; change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a,registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs 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 V4020907 14 light on the parking surface and/or walkways consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, suspension or non- renewal of a license. A violation of this section is also a criminal offense, V4020907 15 punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. 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 14th day of may: , 2007, 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 II , 2007, 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 a to 0 this ttth day of June , 2007. V4020907 16 SIGNED by the Mayor on this 12th day of 2007. ATTEST: Michael Snow, City Clerk First Publication: shay 17, 2007 Second Publication: June 14, 2007 Wheat Ridge Transcript Effective Date: June 29, 2007 n Appr As To Form Ger d E. Dahl, City 'Attorney V4020907 17 CITY COUNCIL MINUTES: June 11, 2007 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Mayor DiTullio opened the public hearing. Council Bill 06-2007 was introduced by Council Member Schulz on second reading. Mr. Schulz read the executive summary. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to continue Council Bill 06-2007, Case No. ZOA-03- 18 (Sign Code) until Monday, July 23rd, 2007, for the resolution of the following issues: 1. Number of portable signs allowed per multi-tenant building; 2. Time limitations for campaign signs; 3. "After Hours" illumination; 4. Requirement for dark background with light colored copy; 5. Potential incentives for monument signs; 6. Number of semi-public signs allowed per service organization. Motion seconded by Council Member Womble; carried 8-0. Item 3. COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS. (CASE NO. ZOA-06-05) Mayor DiTullio opened the public hearing. Council Bills 07-2007 and 08-2007 were introduced by Council Member Sang on second reading. Mrs. Sang read the executive summary. City Clerk Michael Snow assigned Ordinance Nos. 1387 and 1388. Alan White presented the staff report (attached to this packet). No citizens were present to speak. Jim Payne, Wheat Ridge Fire Chief, was on hand to answer questions from Council regarding occupancy and parking ratings for a facility. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: June 11, 2007 Page -4- Motion by Council Member Sang to approve Council Bill 07-2007 (Ordinance 1387) on second reading and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 8-0. IL Motion by Council Member Sang to approve Council Bill 08-2007 (Ordinance 1388) on second reading and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 8-0. Item 4. COUNCIL BILL 09-2007 - AN ORDINANCE AMENDING CHAPTERS 5 AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN CONTRACTOR'S LICENSES. Mayor DiTullio opened the public hearing. Council Bill 09-2007 was introduced by Council Member Schulz on second reading. Mr. Schulz read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1389. Tim Paranto presented the staff report (attached to this packet). No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to approve Council Bill 09-2007 (Ordinance 1389) on second reading and that it take effect 15 days after final publication; seconded by Council Member Sang; carried 8-0. Item 5. REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND A SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH FACILITY FOR PROPERTY LOCATED AT 3190 YOUNGFIELD STREET. (CASE NO. WZ-06-09 & SUP-06-08) Mayor DiTullio opened the public hearing. Item 5 was introduced by Council Member Adams who read the Executive Summary. Travis Crane, Community Development Planner, presented the staff report (attached to this packet). No citizens were present to speak. The applicant did not wish to comment. Mayor DiTullio closed the public hearing. of wNeyr ITEM NO: i Po V m REQUEST FOR CITY COUNCIL ACTION aLORAO \ ~1 COUNCIL MEETING DATE: June 11, 2007 TITLE: COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS, CASE NO. ZOA-06-05 ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: May 14, 2007) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No y~yV Community Development Director City Manager EXECUTIVE SUMMARY: Currently social clubs are permitted uses in the C-1, C-2 and I zone districts. They are combined with "private clubs, bingo parlors, and similar uses." The zoning regulations do not contain a definition of social club and there are no other requirements or restrictions on the location of social clubs. Social clubs are required to obtain a business license. The proposed amendment to Chapter 26 defines social clubs and lists them separately in the use chart for commercial and industrial uses. Social clubs will be permitted uses in the C-1, C-2, and I zone districts, as they are now, but with the added requirements proposed in a companion ordinance amending Chapter 11. The ordinance amending chapter 11 requires the owners of such establishments to obtain a social club license and requires such establishments to be located 100 feet from residentially zoned properties, or any properties zoned A-1 or A-2 and used residentially. Planning Commission recommended approval of the ordinance amending Chapter 26. These ordinances implement Council's strategic goal of creating a strong partnership with the community. COMMISSION/BOARD RECOMMENDATION: At a public hearing on May 3, 2007 the Planning Commission recommended approval of the ordinance amending Chapter 26. No board or commission is required to review amendments to Chapter 11. STATEMENT OF THE ISSUES: The proposed ordinance changes were presented to City Council at the February 20t' study session. The Chapter 26 changes were discussed with Planning Commission at a study session on April 5, 2007. The Chapter 26 amendments include the addition of the following definition for social clubs: "A business whose sole, exclusive, or principle service provided is the leasing of space to persons or groups for private events such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." This definition was modified based on a recommendation from Planning Commission. The definition does not include bars and similar establishments that are required to obtain a liquor license because the liquor licensing process and revocation procedures provide a level of control of the conduct at the establishment which is sought to be controlled by the social club license. Also not included in the definition are establishments such as Elks Club, VFW, or Sons of Italy, who occasionally may rent out halls for various functions, but whose sole business is not renting out the facility to private parties. Under the Chapter 26 changes, Social clubs will be permitted uses in the C-1, C-2, and I zone districts, as they are now and would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. Many older PCDs and PIDs simply reference the C1, C-2 and I zone districts. The amendments to Chapter 11 require the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located 100 feet from residentially zoned properties. (Three options were presented to Council at the February 20, 2007 study session and Council selected 100 feet. See Attachment 3 for a map of areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The license requires a background check of owners and managers and, if issued, must be renewed annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00 a.m. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, all existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance. ALTERNATIVES CONSIDERED: Do not amend the regulations. Adopt the zoning changes, but not the licensing requirements. FINANCIAL IMPACT: Adoption of the amendment to Chapter 26 does not result in a financial impact to the City. Adoption of the Chapter 11 amendment will require additional staff time to implement; to conduct background checks, to review site plans and spacing requirements, and review application information. The following fees are proposed which will help defray these costs: licensing fee - $500.00; processing fee - $150.00; renewal fee - $250.00. The three existing establishments would pay fees totaling $1,950.00 in the first year and $750.00 in each subsequent year. RECOMMENDED MOTION: "I move to adopt Council Bill 07-2007 on second reading and that it take effect 15 days after final publication." "I move to adopt Council Bill 08-2007 on second reading and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 07-2007 and Council Bill 08-2007." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Bill 07-2007. 2. Council Bill 08-2007. Map of Potential Social Club Locations CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements 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 social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business whose sole, exclusive, or principal service provided is the leasing of space to persons or groups for private events such as parties or ATTACHMENT 1 fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses - Commercial and Industrial Districts, the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 11, article XI 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. 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 , 2007, 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 , 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED reading by a vote of to , this , 2007. on second and final day of 2 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: V4020907 ATTACHMENT 2 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within one hundred (100) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. V4020907 3 (c) For the purpose of subsection (b) of this section, the distance between a social club and a 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 social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, , 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within one hundred (100) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the V4020907 4 finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. V4020907 5 (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under V4020907 6 this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within one hundred (100) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within one hundred (100) feet from the closest exterior wall of the structure in which the social club will be located. (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division 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 V4020907 7 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, the Wheat Ridge Code of Laws, or other applicable law; V4020907 8 (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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) 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 any business in which the applicant is the owner of at least a ten percent (10%) interest. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating the reasons or basis for the denial. A copy of the finance division's findings and decision shall be sent by certified mail, return receipt requested, to the V4020907 9 address of the applicant as shown in the application within ten (10) days after the date of the finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when V4020907 10 the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. (13) Any other violation of this Article. V4020907 11 (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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 continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager 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 for the V4020907 12 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. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager 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 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 shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking 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. V4020907 13 (f) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club 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 article 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. Sec. 11-262. Manager; change of manager. V4020907 14 (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs 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. This required V4020907 15 lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, suspension or non-renewal of a license. A violation of this section is also a V4020907 16 criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. 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 , 2007, 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 , 2007, 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 , 2007. V4020907 17 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: V4020907 18 Residential Buffer 100 feet N > d a o m m 4D . v m E- ; O 2 3 W d 8 Commercial Zone Districts where social clubs would be allowed - (600 feet from residential) % City Boundary °s Street ' W. 44th Ave. F1 M 7111 L I Inv W 38th Ave. °s W. 32nd Ave. ~ N t' S W 29th Ave. i Not to Scale U State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 T-7 FwxE1 City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 g 303.234.5900 100. DATE: 9 February 2007 30BSW0 310WW 31050W 3110000 3115000 3120000 31250W o WEgT ITEM NO: V m REQUEST FOR CITY COUNCIL ACTION aCORAO COUNCIL MEETING DATE: May 14, 2007 TITLE: COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS, CASE NO. ZOA-06-05 ❑ PUBLIC HEARING ® ORDINANCES FOR IST READING (Date: May 14, 2007) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Ail Akl Community Development Director City Manager EXECUTIVE SUMMARY: Currently social clubs are permitted uses in the C-1, C-2 and I zone districts. They are combined with "private clubs, bingo parlors, and similar uses." The zoning regulations do not contain a definition of social club and there are no other requirements or restrictions on the location of social clubs. Social clubs are required to obtain a business license. The proposed amendment to Chapter 26 defines social clubs and lists them separately in the use chart for commercial and industrial uses. Social clubs will be permitted uses in the C-1, C-2, and I zone districts, as they are now, but with the added requirements proposed in a companion ordinance amending Chapter 11. The ordinance amending chapter I I requires the owners of such establishments to obtain a social club license and requires such establishments to be located 100 feet from residentially zoned properties, or any properties zoned A-I or A-2 and used residentially. Planning Commission recommended approval of the ordinance amending Chapter 26. These ordinances implement Council's strategic goal of creating a strong partnership with the community. COMMISSION/BOARD RECOMMENDATION: At a public hearing on May 3, 2007 the Planning Commission recommended approval of the ordinance amending Chapter 26. No board or commission is required to review amendments to Chapter 11. STATEMENT OF THE ISSUES: The proposed ordinance changes were presented to City Council at the February 20th study session. The Chapter 26 changes were discussed with Planning Commission at a study session on April 5, 2007. The Chapter 26 amendments include the addition of the following definition for social clubs: "A business whose sole, exclusive, or principle service provided is the leasing of space to persons or groups for private events such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." This definition was modified based on a recommendation from Planning Commission at a study session. The definition does not include bars and similar establishments that are required to obtain a liquor license because the liquor licensing process and revocation procedures provide a level of control of the conduct at the establishment which is sought to be controlled by the social club license. Also not included in the definition are establishments such as Elks Club, VFW, or Sons of Italy, who occasionally may rent out halls for various functions, but whose sole business is not renting out the facility to private parties. Under the Chapter 26 changes, Social clubs will be permitted uses in the C-1, C-2, and I zone districts, as they are now and would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. Many older PCDs and PIDs simply reference the Cl, C-2 and I zone districts. The amendments to Chapter 11 require the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located 100 feet from residentially zoned properties. (Three options were presented to Council at the February 20, 2007 study session and Council selected 100 feet. See Attachment 3 for a map of areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The license requires a background check of owners and managers and, if issued, must be renewed annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00 a.m. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, all existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance. ALTERNATIVES CONSIDERED: Do not amend the regulations. FINANCIAL IMPACT: Adoption of the amendment to Chapter 26 does not result in a financial impact to the City. Adoption of the Chapter 11 amendment will require additional staff time to implement; to conduct background checks, to review site plans and spacing requirements, and review application information. The following fees are proposed which will help defray these costs: licensing fee - $500.00; processing fee - $150.00; renewal fee - $250.00. The three existing establishments would pay fees totaling $1,950.00 in the first year and $750.00 in each subsequent year. RECOMMENDED MOTION: "I move to adopt Council Bill 07-2007 and Council Bill 08-2007 on first reading, order it published, public hearing set for Monday, June 11, 2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill 07-2007 and Council Bill 08-2007." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Bill 07-2007. 2. Council Bill 08-2007. 3. Map of Potential Social Club Locations CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements 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 social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business whose sole, exclusive, or principal service provided is the leasing of space to persons or groups for private events such as parties or ATTACHMENT 1 fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses - Commercial and Industrial Districts, the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 11, article XI 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. 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 , 2007, 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 , 2007, 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 , 2007. 2 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 08-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: V4020907 ATTACHMENT 2 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. H 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within one hundred (100) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. V4020907 3 (c) For the purpose of subsection (b) of this section, the distance between a social club and a 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 social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within one hundred (100) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the V4020907 4 finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. V4020907 5 (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under V4020907 6 this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within one hundred (100) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within one hundred (100) feet from the closest exterior wall of the structure in which the social club will be located. (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division 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 V4020907 7 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, the Wheat Ridge Code of Laws, or other applicable law; V4020907 8 (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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) 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 any business in which the applicant is the owner of at least a ten percent (10%) interest. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating the reasons or basis for the denial. A copy of the finance division's findings and decision shall be sent by certified mail, return receipt requested, to the V4020907 9 address of the applicant as shown in the application within ten (10) days after the date of the finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when V4020907 10 the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. (13) Any other violation of this Article. V4020907 11 (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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 continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager 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 for the V4020907 12 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. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager 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 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 shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking 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. V4020907 13 (f) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club 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 article 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. Sec. 11-262. Manager, change of manager. V4020907 14 (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs 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. This required V4020907 15 lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, suspension or non-renewal of a license. A violation of this section is also a V4020907 16 criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. 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 , 2007, 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 , 2007, 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 , 2007. V4020907 17 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: V4020907 18 Fle" 7M Y,0-057 LIGHT, HARRINGTON & DAWES, P.C. ATTORNEYS AT LAW WRITER SQUARE OFFICE TOWER TEL. (303) 298-1601 1512 LARIMER STREET, SUITE 300 FAX (303) 298-1627 DENVER, COLORADO 80202 E-MAIL stsai@lhdlaw.com STEVEN J. DAWEs SOPHIA H. TSAI This and all other communications to the recipients regarding this matter are privileged, confidential, and not a public record. May 9, 2007 Alan White Community Development Director City of Wheat Ridge 7500 West 29a' Avenue Wheat Ridge, CO 80033 Re: Stone v. City of Wheat Ridge U.S. District Court for the District of Colorado, Case No. 07-ev-WYD-PAC Dear Mr. White: We understand that the City of Wheat Ridge recently passed a zoning ordinance that affects social clubs which are next to residential zones, such as the El Dorado Club. As you know, the El Dorado Club is at the center of the above lawsuit. Additionally, the new rules of procedure in the federal courts requires parties to take steps to preserve potentially relevant information in both electronic and traditional formats. Accordingly, please preserve all documents and electronic information, including drafts, related to any ordinances which affect the El Dorado Club. We will let you know when this information no longer needs to be retained for this litieation. If you have any questions, please call. Very truly yours, LIGHT, HARRINGTON & DAWES, P.C. '~w 6\ Steven U. Dawes Sophia H. Tsai I.. pF WHEgT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT 0(ORA00 MEETING DATE: May 3, 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS CASE NO. ZOA-06-05 ® PUBLIC HEARING ❑ RESOLUTION Case Manager: Alan White Date of Preparation: April 26, 2007 ® CODE CHANGE ORDINANCE ❑ STUDY SESSION ITEM SUMMARY: The proposed amendments to Chapter 26 define social clubs, list social clubs separately in the use chart for commercial and industrial uses, and allow social clubs as permitted uses in the C-1, C-2, and I zone districts. They would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. (Many older PCDs and PIDs simply reference the Cl, C-2 and I zone districts.) A companion ordinance amends Chapter 11 and requires the owners of such establishments to obtain a social club license. Chapter 11 requirements are referenced in the use chart. BACKGROUND: Currently social clubs are permitted uses in the C-1, C-2 and I zone districts. They are lumped together with "private clubs, bingo parlors, and similar uses." There are no other zoning requirements, except parking. If the structure is new, then all standards would apply for landscaping, lighting, and setbacks. Our experience with these has been that they have located in existing structures. Parking and building code standards have been applied in these instances. The amendments Chapter 26 to list and define these uses separately, and listing them as permitted uses in the C-1, C-2 and I zone districts only. The Chapter 26 amendments include the addition of the following definition for social clubs: "A business whose sole, exclusive, or principle service provided is the leasing of space to persons or groups for private events such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." The definition has been modified based on Planning Commission's comments at the study session for this topic. The definition does not include bars and similar establishments that are required to obtain a liquor license because the liquor licensing process and revocation procedures provide a level of control of the conduct at the establishment which is sought to be controlled by the social club license. STATEMENT OF THE ISSUES: The Police Department, Community Development Department, and the City Attorney's office have been working on proposed regulations for social clubs. This is in response to the very real impacts these types of establishments having on adjacent residential neighborhoods. The amendments to Chapter 11 do not require Planning Commission's review and recommendation, but are provided so that members can understand the entire package of regulations for these uses. The ordinance requires the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located 100 feet from residentially zoned properties. (Three options were presented to Council and Council selected 100 feet. See Exhibit 1 for a map of areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The license requires a background check of owners and managers and, if issued, must be renewed annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00 a.m. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, the existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance and all of liCoridev\ZOA\Social Clubs\PC hearing staff' Report.doc the provisions of the nonconforming section of Chapter 26. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 to provide for the zoning of social clubs." Exhibits: 1. Ordinance Amending Chapter 26 2. Ordinance amending Chapter 11 C\Cmndev\ZOA\Social ClubsTC herring staff Report.doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements 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 social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business whose sole, exclusive, or principal service provided is the leasing of space to persons or groups for private events such as parties or EXHIBIT I fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses - Commercial and Industrial Districts, the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 11, article XI [NOTE: I didn't see anything more that we obviously needed to amend in the zoning section. Most of the regs are covered in the article on social clubs.] 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. 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 , 2007, 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 , 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED reading by a vote of to , this , 2007. on second and final day of 2 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: V4020907 EXHIBIT 2 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within ( ) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. V4020907 3 (c) For the purpose of subsection (b) of this section, the distance between a social club and a 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 social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, , 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within ( ) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the V4020907 4 finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. V4020907 5 (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under V4020907 6 this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within ( ) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within ( ) feet from the closest exterior wall of the structure in which the social club will be located; [NOTE: Include only if locational requirements are included above.] (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division in writing in the event that any information contained in an application has changed or V4020907 7 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to V4020907 8 conform to any requirement of this article, 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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) 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 any business in which the applicant is the owner of at least a ten percent (10%) interest. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating V4020907 9 the reasons or basis for the denial. A copy of the finance division'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 finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; V4020907 10 (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. V4020907 11 (13) Any other violation of this Article. (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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 continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager shall send a copy of the complaint by certified mail, return receipt V4020907 12 requested, to the licensee at the address as shown on the license application, together with a notice to appear before the city manager 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. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager 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 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 shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking the license. A copy of the findings, conclusion, and order shall be hand-delivered or V4020907 13 mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application. (f) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club 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 article 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. V4020907 14 Sec. 11-262. Manager; change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of V4020907 15 one (1) foot-candle of light on the parking surface and/or walkways consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, V4020907 16 suspension or non-renewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. 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 , 2007, 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 , 2007, 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 , 2007. V4020907 17 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: V4020907 18 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on May 3, 2007, at 7:00 p.m. with the CITY COUNCIL public hearing to be held on June 11, 2007, at 7:00 p.m. Public hearings are held in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearings or submit written comments. The following case shall be heard: Case No. ZOA-06-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to provide for the zoning of social clubs Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: April 26, 2007 7. STUDY SESSION Alan White stated that the study session is the result of a new procedure now in place to conduct study sessions on legislative matters that are scheduled for future Planning Commission meetings. A. Billboards This matter was presented by Alan White. The proposed ordinance would amend billboard regulations of the City. Current regulations do not contain provisions which provide guidance for the permitting of billboards. The ordinance would also address what constitutes actual ownership of a billboard and would also vest the current 16 billboard locations with the underlying property. The ordinance would also repeal the B-1 District since it is no longer needed. Commissioners discussed various aspects of the ordinance and will conduct a public hearing on May 3, 2007. Alan White will contact the city attorney regarding mobile billboards. Information from that discussion will be available for Commissioners to consider at the time of the public hearing. - B. Social Clubs V1 A proposed ordinance which would amend Chapter 26 of the Wheat Ridge Code of Laws to provide for the zoning of social clubs was presented by Alan White. He also reviewed a companion ordinance which would amend Chapter 11 to require owners of such establishments to obtain a social club license. Commissioners discussed details of the ordinances. A public hearing before the Commission will be held on the ordinance amending Chapter 11 on May 3, 2007. Staff will refine the definition in regard to businesses that may occasionally rent out their facilities for an event. 8. OTHER ITEMS • Commissioners BRINKMAN and MATTHEWS stated they would not be present for the May 3`d meeting. • In response to a question from Commissioner McMILLIN, Alan reported on City Council's decision regarding the Wadsworth corridor. The plan was not approved but certain concepts of the plan were endorsed. Planning Commission -2- April 5, 2007 of WHEAT 9 PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT oG ORAL MEETING DATE: April 5, 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS CASE NO. ZOA-06-05 ❑ PUBLIC HEARING ❑ RESOLUTION Case Manager: Alan White Date of Preparation: March 28, 2007 ® CODE CHANGE ORDINANCE ® STUDY SESSION ITEM SUMMARY: The proposed amendments to Chapter 26 define social clubs, list social clubs separately in the use chart for commercial and industrial uses, and allow social clubs as permitted uses in the C-1, C-2, and I zone districts. They would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. (Many older PCDs and PIDs simply reference the Cl, C-2 and I zone districts.) A companion ordinance amends Chapter 11 and requires the owners of such establishments to obtain a social club license. Chapter 11 requirements are referenced in the use chart. BACKGROUND: Currently social clubs are permitted uses in the C-1, C-2 and I zone districts. They are lumped together with "private clubs, bingo parlors, and similar uses." There are no other zoning requirements, except parking. If the structure is new, then all standards would apply for landscaping, lighting, and setbacks. Our experience with these has been that they have located in existing structures. Parking and building code standards have been applied in these instances. The amendments Chapter 26 to list and define these uses separately, and listing them as permitted uses in the C-1, C-2 and I zone districts only. The Chapter 26 amendments include the addition of the following definition for social clubs: "A business that leases space to persons for private events, such as parties or fundraiser. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." This definition does not include bars and similar establishments that are required to obtain a liquor license because the liquor licensing process and revocation procedures provide a level of control of the conduct at the establishment which is sought to be controlled by the social club license. STATEMENT OF THE ISSUES: The Police Department, Community Development Department, and the City Attorney's office have been working on proposed regulations for social clubs. This is in response to the very real impacts these types of establishments having on adjacent residential neighborhoods. The amendments to Chapter 11 do not require Planning Commission's review and recommendation, but are provided so that members can understand the entire package of regulations for these uses. The ordinance requires the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located 100 feet from residentially zoned properties. (Three options were presented to Council and Council selected 100 feet. See Exhibit 1 for a map of areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The license requires a background check of owners and managers and, if issued, must be renewed annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00 a.m. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, the existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance and all of the provisions of the nonconforming section of Chapter 26. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 to provide for the IdComdev\ZOA\Social Clubs\PC SS Staff Report.doc zoning of social clubs." Exhibits: 1. Map of Areas Available 2. Ordinance Amending Chapter 26 3. Ordinance amending Chapter 11 I:\Comdev\ZOA\Social Clubs\PC SS Staff Report.doc EXHIBIT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, locational requirements 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 social clubs are in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed EXHIBIT 2 establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses -Commercial and Industrial Districts the following: Uses Notes NC RC C-1 C-2 I Social club In accordance with P P P Wheat Ridge Code of Laws, Chapter 11, article XI [NOTE: I didn't see anything more that we obviously needed to amend in the zoning section. Most of the regs are covered in the article on social clubs.] 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. 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 , 2007, 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 , 2007, 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 , 2007. 2 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: V4020907 EXHIBIT 3 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. H 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within ( ) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. V4020907 3 (c) For the purpose of subsection (b) of this section, the distance between a social club and a 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 social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, , 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within ( ) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the V4020907 4 finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. V4020907 5 (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under V4020907 6 this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within ( ) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within feet from the closest exterior wall of the structure in which the social club will be located; [NOTE: Include only if locational requirements are included above.] (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division in writing in the event that any information contained in an application has changed or V4020907 7 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordered by the city demonstrates or establishes that the proposed social club fails to V4020907 8 conform to any requirement of this article, 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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) 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 any business in which the applicant is the owner of at least a ten percent (10%) interest. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating V4020907 9 the reasons or basis for the denial. A copy of the finance division'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 finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; V4020907 10 (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. V4020907 11 (13) Any other violation of this Article. (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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 continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager shall send a copy of the complaint by certified mail, return receipt V4020907 12 requested, to the licensee at the address as shown on the license application, together with a notice to appear before the city manager 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. (c) The city manager shall have the power to issue subpoenas granted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city manager shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that are the basis for the suspension or revocation occurred. The city manager 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 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 shall send a written order by certified mail, return receipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking the license. A copy of the findings, conclusion, and order shall be hand-delivered or V4020907 13 mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application. (f) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club 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 article 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. V4020907 14 Sec. 11-262. Manager, change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of V4020907 15 one (1) foot-candle of light on the parking surface and/or walkways consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, V4020907 16 suspension or non-renewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. 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 , 2007, 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 , 2007, 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 , 2007. V4020907 17 SIGNED by the Mayor on this day of 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: V4020907 18 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 200 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; Formatted: Font: 8 pt l NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(11), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado or the city manager's designee. [NOTE: I added this definition to avoid the awkward andspace-taking "or his designee" clause. Formatted: Font: Bold Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not Formatted: Font: 8 pt ?u_>oio 2 more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. _ Deleted: director Finance division means the finance division for the City of Wheat Ridge, Deleted: director Colorado. - - Deleted: [NOTE: We can change this title to the appropriate office, Investigator means a member of the Wheat Ridge Police Department. as determined by CC.] - Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within O feet of the property line of any lot, tract or Fo atted:ront:ept parcel of land within the City which is zoned for residential use or zoned A- 1 or A-2 and used for residential purposes. (F) For the purpose of subsection (b) of this section, the distance between a social club and a Fesidential 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 social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, 2007, is not rendered a nonconforming use by the present or subsequent location of a Fesidential district or a residential lot within O feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code, may continue to exist as -a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120,of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. , ulbtd 01@M 2o~`jns. ~tceM.Se. Sltiau~ ~;e f~q ~ ~ (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. Each applicant shall pay an initial license fee of five hundred dollars ($500.00). Deleted: and/or used for any of the fol lowing:¶ n (1) A church;¶ 9 (2) A lot zoned Deleted: (c) It is unlawful to operate or cause to be operated a social club within one thousand (1,000) feet of the property line of any lot, tract or parcel of land within the City which is zoned and/or used for any of the following:¶ 9 (1) A school or licensed child care facility;q n (2) A public park, recreational center, or community center.1 9 (d) It is unlawful to cause or permit the operation or maintenance of more than one social club in the same building, structure, or portion thereof, or upon the same lot, tract, or parcel of Iand.¶ Deleted: e Deleted: s Deleted: and (c) Deleted: church, school, child care facility, public park, recreational center, community center, I Deleted:, 'i Deleted: church, school, child care facility, public park, recreational center, community center, . Deleted:. Deleted: g l Deleted: [NOTE: Changed from locational requirement or this article] Deleted three months 1 Deleted: (c) (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application ee shall be nonrefundable. (2) An application investigation fee in the amount then charged by the Wheat Ridge police department for each person who will be ; Deleted: finance director Deleted: P 'I Deleted: D iFOrmatted: Font: B pt ;¢oI° 4-- investigated as required by this article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the jinance division that the application is complete in accordance with section Deleted: financedrector 11-254. 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 finance division's determination that the application Deleted: finance director is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license Deleted: finance director expiration. The finance division may waive the timely filing requirement - ( Deleted: finance director 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 finance division from any licens_e_e after Deleted: finance orecmr~ the license expires. (e) A license that is under suspension may be renewed for the next (Z MOA115 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. -I Deleted: ¶ Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms- to be Deleted: finance director provided by the finance division. Deleted: finance director (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or mana iggdirector of a corporation, the manager of a limited Deleted: P liability company and all business managers shall be named in each application form, and each of them shall be photographed and ..(Deleted; D fingerprinted by the Wheat Ridge police department.. - The Wheat Ridge tFormatted: r r. aPt i I5 police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance `Deeted: finance director division who shall include them in the application. (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or Formatted: Font: 8 pt v0200 6--- revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section holds any other licenses under this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; i Deleted: ¶ _ (5) Proof of the applicant's right to possession of the premises Formatted:Indent: First Gne: 0s° wherein the social club will be conducted; elet~ed: ied affidavit that the a licant's mailin address and residential address; 6) The ( pp g [D social club and its omply with and conform irements of this article;Q (7) The applicant's social security number, driver's license number Deleted:I and/or federally issued tax identification number or, if the applicant is not a (10) A statement regarding whether natural person, such information for the individuals listed in subsection the applicant or any person pursuant to subsection lbl(1)of this c. and d (b)(2)b. section has been arrested and , charged with committing a felony, the date of the arrest, and the (8) A current improvement location certificate and straight-line- i jurisdiction and location of the offense. [NOTE: Specified criminal drawing prepared by a land surveyor, prepared within thirty (30) days prior act was defined in the SOS to the application, and depicting the property lines and the structures ordinance as "unlawful sexual " containing any social club within ( ) feet of the closest which is further defined behavior in 16-22-102(9) and includes the exterior wall of the structure in which the social club will be located an the complete list of sex crimes. We can either go with disclosures of property line of any church, school, child care facility, public park, felonies- or maybe just delete this community center, residential zone district, or a recreational center altogether7]¶ , residential lot within feet from the closest Deleted: fl exterior wall of the structure in which the social club will be located; deleted: ll [NOTE: Include only if locational requirements are included above.] Deleted: finance director I .Deleted: finance director (9) If the applicant intends to operate the social club under a na e, I Deleted: if an omission or error is other than that of the applicant, the applicant shall state the business me discovered, the application will be to be used and submit copies of documentation evidencing the regis ation rejected by the finance director and I returned to the applicant together of the business name under applicable laws. I with a written explanation of the omission or error without further action by the finance director. Any Sec. 11-254. Determination of completed application. application rejected by the finance director due to an omission or error may be resubmitted when the (a) Not more than ten (10) days following submission of n application, omission or error has been . remedied. For the purposes of this division shall review the application for co pleteness and the finance anmle,theaatemefinance direcmr - conformance with the application requirements of se ion 11-253. The determines that an application is finance division shall not accept for filing any app cation that is not complete and in conformance with the application requirements of complete in every detail. section 11-253 in every detail shall , _ be the date the application is deemed filed. F mor atted: Font: 8 pt I :1030 (b) All applicants shall promptly notify the finance division 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 social club license issued to the applicant.,_ Sec. 11-255. Investigation. (a) Upon receipt of a complete application,_ the finance division shall . transmit the application to the Wheat Ridge police department, whici shall - cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police departmen shall submit a written report of the investigation to the inance division within thirty (30) days after receiving the application from the (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marsha and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). c The community development departmen shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (e) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article, Sec. 11-256. Approval or denial of application. Deleted: finance director Deleted: Failure to notify the finance director in accordance with this section within thirty 130) days from the date of such change or discovery, by supplementing or updating the application on file with the finance director, shall be grounds for revocation of any application approval or, where a license has been issued, suspension or revocation of an issued social club license. Deleted: Within five (5) days of the determination that an Deleted: is complete Deleted: finance director Deleted: P Deleted: Chief Deleted: o Deleted: background of each individual applicant, manager, the partners ofa partnership, the officers and directors of a corporation and the manager of a limited liability company Deleted: The investigation is intended to provide an opportunity to determine whether the application is in conformance with the requirements of this article based on information and resources available to the city and to determine if any applicant or those listed in subsection (b)(1) of section 11-253 or any manages Deleted: chief Deleted: finance director Deleted: finance director Deleted: finance director Deleted:, Deleted: local budding mspeE.=L2: Deleted: In making such ' Deleted: (c) The fire marsh Deleted: d (a) A completed license application shall be administratively approved or denied by the finance division within sixt 60 days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; I Deleted: building inspector 1, Deleted: finance director Deleted: including but not - Deleted: finance director Deleted: forty-five (45) Deleted: finance director 1 Formatted: Font: 8 pt ;n no 8-- 2 >M .W%\a ~ 0AP eel zomm (2) The application or any investigation performed by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, the Wheat Ridge Code of Laws, or other applicable aw; (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 social club has had a social club 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 social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or I (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 social club. (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, ,sent by certified mail to the address of the applicant as shown in the application, Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-?57. The decision of the finance division 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 finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of Deleted: (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 [NOTE: Checking with PD for their list of crimes they'd be concerned about] for which:¶ 9 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; of 9 L. 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; orl 9 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 (2) 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 contenders 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 ora deferred adjudication for a specified criminal act oq- Deleted: finance director 'LDeleted: finance director Deleted: make a written finding thatthe application conforms to the requirements of this article based on the information available and the investigation performed by the city. The finance director 7 ' Deleted: within ten (10) days after the date of the finance director's approval Deleted: finance director Deleted: 258 5 Deleted: finance director r -'t Deleted: finance director q Formatted: Font: 8 pt _JO_>U10, 9- the license pursuant to section 11;257 within such one-year period shall i Deleted: 268 require the submission of a new application. Deletea•. g (d) In the event that the finance division denies a license application, the , = - Deleted finance director - ~ , Deleted. finance director finance division shall prepare written findings of fact and a decision stating ' ' Deleted: finance director s findings_ the reasons or basis for the denial. A copy of the finance division and decision shall be sent by certified mail, return receipt requested, to the ' Dl eleted`finance director address of the applicant as shown in the application within ten (10) days Deleted: financedirector~ after the date of the finance division's denial. The finance division's ! Deleted- or designee decision to deny a license application shall become a final administrative Deleted: 257 ; decision of the city on the fourteenth day following the date of the decision Formatted: Font: Not Bold unless the applicant files a timely request for appeal to the city manager as- = Deleted: sec. 11-257. Appeal of provided by section 11-461. application denial.Q (a( In the eventthatthe finance j director denies a license - - - ' application, an applicant shall have See. 11. Issuance Of IICenSe.. - - - the right to a quasi-judicial hearing before the city manager or ! designee for the purpose of (a) No license shall be issued by the finance division after approval of an ( appealing the finance director's - - - - - - - - - - application until such time as the building in which the business is to be administrative decision. A written request for a hearing shall be made conducted is ready for occupancy with such furniture, fixtures, and to the city manager or designee , equipment in lace as are necessary to comply with the provisions of this ' p y t he mailing (10) days of the date of of the finance director's and then only after article and other applicable codes of the city or state written findings and decision , inspection of the remises and certification that the applicant has complied p denying the license application. The hearing shall be conducted with the plans and specifications approved by the city with the application., ' within ten (10) days of the city ' ' s receipt of ! manager s or designee the written request for a hearing (b) If the licensed premises has been closed or inactive for at least sixty - - unless a later date is requested by - - - (60) days, the finance division may revoke or elect not to renew the license. the applicant. I IT (b) Upon receipt of a timely request Sec. 11-458. Term of the license. - - for a hearing, the city manager or designee shall schedule a hearing and notify the applicant of the date, ! All licenses issued pursuant to this article shall be valid for twelve time, and place of the hearinCa (12) months from the date of issuance, unless sooner revoked. Deleted: 258 Deleted: finance director J Deleted: Such inspection of the . . . l premises shall be made with g - Sec. 11 .Suspension of license. Deletes business ~ - - - - - - - Deleted. finance director (a) The finance division may suspend a license for a period not to exceed Deleted: 258 ! e foll o w six (6) f f f g n h u Deleted: 26 9 aeagne d o d e I (1) onduct violations of of more o ur ncidents 4 or D eleea: T Chapter 16 of this Code or violations of Sections 11-264 through 11-269 of ---Formatted: Font: Not Bold t this Article - have occurred within a six-month period upon the licensed Formatted: Font: Not Bold premises or upon any parking areas, sidewalks, access ways or grounds Deleted: disturbances i Formatted: Font: 8 pt V10301c - 10 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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; I~n>_u>,na 11 i Formatted: Font: 8 pt (10) A manager of the licensed establishment is under the age of Deleted: or employee eighteen (18) years;, _ Deleted: [NOTE: would we be - okay with a 15 or 16 year old working there so long as they (11) The licensee, in the case of a corporation or limited liability weren't involved with alcohol? If company, is not in good standing or authorized to do business in the State g so, may want to delete this subsection.] Of Colorado;, - - - - - - Deleted: or Deleted: tQ (12) The licensee is delinquent in payment to the city or state for any ¶ taxes or fees past due, Or. (b) Nothing in this article shall j prohibit the city from taking any other enforcement action provided (13) Any other violation of this Article for by this code, the laws of the , - - - - - - , state, or the laws of the United states.Q 'i Deleted: (c) A licensee shall be no portion of the (D) In the event of suspension or cessation of business entitled to a quasi-judicial hearing _ i before the city manager or license fee shall be refunded. designee if the city seeks to suspend a license based on a violation of this article.¶ Sec. 11. Revocation of license. ¶ - - (1) When there is probable cause to granted pursuant to this revoke any license (a) The city manager may believe that a licensee has violated or permitted a violation of this - _ - article upon a finding that either: article to occur in or near the . licensed establishment, the city attorney may file a written (1) Violations of the provisions warranting suspension contained in complaint with the city manager or h h i f section 11-have been found to exist during a two-year-period; or NOTE: e designee sett ng ort t circumstances of the violation.¶ This subsection seems to imply now that there has to have been violations n over a two-year period Don't we want the ability to revoke the ilcense (2) The city manager or designee shall send a copy of the complaint based on just one really bad act?] by certified mail, return receipt requested, to the licensee at the address as shown on the license (2) The social club was operated and open during a period of time a pplication, together with a notice to appear before the city manager when the social club license was suspended. or designee for the purpose of a hearing to be conducted at a (3) The license application should have been denied under the criteria - specified date and time and at a place designated in the notice to set forth in section 11-256(a). ow cause why the license lo' Deleted: e ,rDeleted 261 Deleted: or designee Sec 11-261 Appeals [NOTE: In this section I blended the most important De d Two(2)or morev provisions of the application denial and the suspension procedures and Fo m ted: Font: elm deleted much of the appeal to district or muni court procedures. I didn't Deleted: zso ( use the application denial procedures because I was concerned that the Deleted: (b) Nothing in this article licensee was entitled to a pre-deprivation hearing.]l shall prohibit the city from taking 'i any other 11 (a) Application denial In the event that the finance division denies a Deleted:Q (c) Where the city seeks to revoke a license application, an applicant shall have the nght_to a QUasl-IUdlClal license, a licensee shall be 12 hearing before the city manager for the purpose of appealing the finance Formatted: Indent: First line: 0" division's administrative decision A written request for a hearing shall be r 1 Formatted: Font: 8 p[ I::oaoro, _ 12 made .to_the city manger within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license cation. The hearing shall be conducted within ten 10) days of the city manager's receipt of the written request for a hearinq unless a later date is requested by the applicant Upon receipt of a timely request for a hearing the city manager shall schedule a hearing and notify the applicant of the date time and place of the hearinq. 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 pl)lication An applicant may be represented at the hearing by an attorney or other representative An applicant or the city may request a continuance or postponement of the hearing date In no event shall the city be entitled to more than one (1) continuance unless agreed to_6y the applicant. (b) Suspension revocation If the city seeks to suspend or revoke a license the licensee shall be entitled to a quasi-iudicial hearing before the city manager. When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur in or near the licensed establishment the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city manager shall send a copy of the complaint by certified mail return receipt reguested,_to the licensee at the address as shown on the license application together with a notice to appear before the city manager 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. jc) The city manager shall have the power to issue subpoenas granted to~ [Formatted: Indent: First line: -0.25" 11 municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217 the power to administer oaths' and, when necessary, the power to grant continuances. (d) At the hearing the city manager shall hear and consider such evidence and testimony presented by the city the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii): whether the violations that are the basis for the suspension or revocation occurred The city manager shall conduct the hearing in conformity with quasi-iudicial proceedings and shall permit the relevant testimony of witnesses cross-examination and presentation of relevant documents and other evidence The hearing shall be recorded by electronic recording device. Any person requesting a transcript of such record shall pav the reasonable cost of prgparinq the record. Formatted: runt: a of :ce n ° 13--- (e) Not less than ten (10) days following the conclusion of the hearing, the city manager shall send a written order by certified mail, return receipt requested to the applicant or licensee at the address as shown on the application or license as applicable. (1) In the case of an application denied by the finance division the order shall include findings of fact and a final decision concerning the approval or denial of the application If the city manager approves the application such approval shall constitute approval by the finance division and the applicant may seek issuance of a license in accordance with Section 11-257. (2) In the case of a suspension or revocation the city manager shall- make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259 or 11- 260 respectively, the city manager shall also issue an order suspending or revoking 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) The order of the city manager 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) or to-.the Wheat Ridge Municipal Court pursuant to this subsection (f) For purposes of any appeal the city manager's decision shall be final upon -the earlier of the date of the applicant's receipt of the order or four (4) davs following the date of maiJinnq- Sec. 11-262. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license ln_av 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 processing fee and the Formatted: Indent First line: 0.5 - -i Formatted: Indent: First line: 05 - Deleted: shall - Formatted: Font: 8 pt I 1-4-...- application investigation fee as required by subsection (b) of Section 11- 252. Any such change shall be reported on forms provided by the finance Deleted. fmancedirector division 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 11-253. Approval or denial by the,finance division of such transfer shall be upon the Deleted: fnance director r same terms as provided for in this article for the approval or denial of a social club 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 article 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. Sec. 11-263. Manager; change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. - (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The fee for investigation of a new manager shall be one_ hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11- 256 within ten (10) days of receipt of a complete application and fee. Sec. 11-264. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-,Security requirements. F6eleted: finance director Deleted. No manager shall work in a social club who has been convicted of a specified criminal act within the time frames set forth in subsection 11-2561a1171 and as so defnad. 1 Deleted. finance director - - 1 -1 Deleted: fifty Deleted: 50 ~Deleted: finance, director J ! Deleted: 1 Deleted midnight - - Deleted 4 Formatted: Font: 8 pt I _ W 7 15 In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. , 'Deleted: adult Deleted: Each child under the age - Sec. 11-,266. Indoor activities. _ - - _ l12 who is present atthe social j of c j club shall he counted as one-half adult for the purposes of this All activities at the social club shall be conducted indoors and no patrons . section shall be allowed to linger outside the social club unobserved or for longer Deleted L-. than 15 minutes. Deleted: [NOTE: The thought here - - - - - - - - - - - - - - - - - - - - was to contain patrons within the social club - much as we require Sec. 11-467. Lighting requirements. certain types of uses to be ' - conducted indoors, or screened. However, with the new smoking (a) All off-street parking areas and premise entries of social clubs shall laws, we may have to allow people be illuminated from dusk to closing hours of operation with a lighting 9 to smoke outside - hence the observation and the time limit.] system which provides an average maintained horizontal illumination of - Deletes d: 266 one (1) foot-candle of light on the parking surface and/or walkways - consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted Deleted: Sec. 11-267. Parking access to provide an illumination of not less than two (2) foot-candles of requirements.tl light as measured at the floor level. social subs snarl provide one (11 off-street parking space for every 2 patrons based on designed use or occupant capacity as determined Sec. 11-268. Noise; vibration. by the fire marshal and shall otherwise comply with the city's requirements for off-street parking The licensee shall insure that noise or sound and vibration do not found at Section 26-501 and 26-502 disturb the peace of the neighborhood in which it is located. It shall be of this Code. [NOTE: The l fort requirement came from the Code's unlawful for noise or sound to emanate from any social club if such noise requirements for recreational or sound is louder than a normal conversation when heard at or inside the enterprises.] ¶ property line of property other than that of the social club itself. It shall be Deleted: [NOTE : we probably only unlawful for a social club to emit vibration through the air or the ground if need this provision if we allow social clubs adjacent to such vibrations are perceivable beyond the property line of the social club. esiaeneea.] Deleted: P Sec. 11-269. Notification of certain conduct in licensed premises. Deleted: D Deleted: or (a) Any licensee and its employees shall immediately report to the Deleted: act, Wheat Ridge police department any unlawful act disorderly conductor „ Deleted: disturbance assault committed on the premises. ; Formatted: Font: a 1 :1o211(16 - (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, suspension or non-renewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-270. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. ) A person who operates a social club or his agent or employee (b commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 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. -i Deleted: finance director Deleted: (b) The police department shall, from time to time and at least four (4) times a year, inspect each social club licensed under the provisions of this article in order to assess compliance with the provisions of this article.¶ Deleted: c Fo` ,matted: Font: 8 pt i'302010 17 Section 3. 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 g00 , 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 200, 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 ,200- SIGNED by the Mayor on this day of 200 . Deleted: 2006 Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form -i Deleted: Pamela Anderson Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Formatted: Font: ppt 1 V100o I0 _ 1-8-'. Residential Buffer a 300 feet d a o rn c m ~ rn = W ~ I r~ I I 3 N - } L-I O S f Commercial Zone Districts where ' social clubs would be allowed - (300 feet from residential) i i i i V\ City Boundary G o Street ® W. 44th Ave. r W. 38th Ave. °s i i W. 29th Ave] Not to Scale i State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 wxat> City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 OPI 2007 DATE: 9 Februar 3105000 3110000 31150M 3120000 3125ppp y 3+W000 Residential Buffer co 600 feet o m m = CL t: `o m H Y 0 2 w o d Commercial Zone Districts where social clubs would be allowed (600 feet from residential) i City Boundary ~J G Street W. 44th Ave. W. 38th Ave. W. 32nd Ave. t N 29th Ave. Not to Scale State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 )17 -1 T- wRE. City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 OR DATE: 9 February 2007 LJI 3095000 3100000 3105000 3110000 3115000 3120000 3125000 Page 1 of 3 Alan White From: Alan White Sent: Monday, February 05, 2007 5:10 PM To: 'Debra Kalish'; Daniel Brennan; Patrick Goff; Joe Cassa Cc: Gerald Dahl Subject: RE: Ordinance to regulate/license social clubs All, My comments on the latest draft: 1. Section 11-251(b) and (c) and 11-253(b)(8) I was going to provide alternatives for Council to review of various distance requirements. To do this I will work backwards and measure from existing boundaries of residential zone districts into the commercial zone districts. Any property beyond that distance is potentially available for a social club. We do not have accurate information to plot existing building footprints, so our analysis will only reflect property potentially available for a social club. To measure the distance from the exterior wall of the social club to the property line of the residential property doesn't take into account the effects of parking, garbage storage, lighting, and other things on the exterior of the building that may impact neighbors. Our original thought was to measure from property line to property line, but that would mean virtually all commercial properties would be excluded as nearly all share a common property line with a commercial zone district. Someone with a very deep lot couldn't locate the social club on the front part of the property because the common property line would automatically exclude the commercial property. We have already excluded social clubs from the small, neighborhood scale commercial areas (NC and RC zone districts) and I'm wondering if the distance requirement will make any real difference. Isn't the behavior at the establishment really the issue? Would the impact of the El Dorado Club on the neighbors be any less if the building was 50 feet from the property line? Probably not. 300 feet? Maybe. 600 feet? Probably, depending upon what's in the 600 feet. 2. Section 11-253(a) and (e) I think (a) needs to say a license is required every 12 months. It's not until later (11-258) that one learns a license is renewed every year. In (e), would it be better to say "...may be renewed for the next 12 months...." instead of calendar year? I think of calendar year running from January to December. 3. Section 11-253 (b)(8) --I need to have the ILC show parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure, and existing setbacks of the structure. 4. Section 11-255 Add the fire marshal to (c) or duplicate the paragraph, only refer to the fire marshal. 5. Section 11-256(a)(2) Does "fails to conform to any requirement of this article" include building and zoning code requirements, or should these be listed as items 9 & 10? NOTE: I'll bet nearly all structures will need some kind of modifications to meet the building code. Do we deny the application based on needing modifications under the building code, approve it with a condition to comply before using the structure for a social club, or hold on to the application until the modifications are completed, inspected and passed by the building official and/or fire marshal? 6. Do we need to mention that this license is in addition to a business license required by the City? Some applicants will think this is all they need to open up shop. 7. Section 11-260 Should this section also talk about suspensions? Suspensions up to X number of months? Should the one revoking or suspending the license also be the one conducting the appeals hearing? Maybe the revocation or suspension should be done by the finance division, not the manager. 8. Good job consolidating and condensing! 2/5/2007 Page 2 of 3 9. It's still too long. Alan White, AICP Community Development Director 303-235-2844 From: Debra Kalish [mailto:dkalish@mdkrlaw.com] Sent: Thursday, February 01, 2007 1:21 PM To: Daniel Brennan; Patrick Goff; Joe Cassa; Alan White Cc: Gerald Dahl Subject: Ordinance to regulate/license social clubs Gentlemen, Attached please find a new draft of an ordinance for social club regulation/licensing that has been revised based on our discussion on Monday, January 22nd. I have provided you with both a redlined and a clean copy for your review and comment. You will notice that this version is about 5 pages shorter than the original ordinance. Please let me know if these changes meet with your approval or if you have other changes you would like to see made to the ordinance before it moves on to Council for its consideration. Thanks! Deb Debra S. Kalish Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Suite 200 Denver, Colorado 80202 303.493.6681 (direct) 303.493.6670 (office) 303.477.0965 (fax) dkalish@nidkrlaw.com This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. 2/5/2007 City of Wheat Ridge of WHEgT ~ PQ Community Development Department m Memorandum cOC pR P~~ TO: Mayor and City Council FROM: Alan White, Community Development Director Dan Brennan, Police Chief SUBJECT: Regulation of Social Clubs DATE: January 9, 2007 The Police Department, Community Development Department, and the City Attorney's office have been working on proposed regulations for social clubs. This is in response to the very real impacts these types of establishments having on adjacent residential neighborhoods. Currently social clubs are permitted uses in the C-1, C-2 and I zone districts. They are lumped together with "private clubs, bingo parlors, and similar uses." There are no other zoning requirements, except parking. If the structure is new, then all standards would apply for landscaping, lighting, and setbacks. Our experience with these has been that they have located in existing structures. Parking and building code standards have been applied in these instances. The attached draft ordinances have been prepared to address the issue of impacts two ways: 1) The first ordinance amends Chapter 26 to list and define these uses separately, and listing them as permitted uses in the C-1, C-2 and I zone districts only. They would also be allowed in PCDs and PIDs unless specifically prohibited or not listed. (Many older PCDs and PIDs simply reference the C1, C-2 and I zone districts.) 2) The second ordinance requires the owners of such establishments to obtain a license from the City to operate a social club. The license requirements are modeled after the adult business license requirements, and there is the additional requirement that such uses must be located a certain distance from residentially zoned properties. (The draft ordinance currently contains blanks where the distance requirement will be inserted. Three options will be presented to illustrate the areas that would be available for these establishments.) Unlike adult businesses, there is no distance requirement proposed from schools, day care facilities, churches, parks, recreation centers, or community centers. The Chapter 26 amendments would include the addition of the following definition for social clubs: "A business that leases space to persons for private events, such as parties or fundraiser. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches." The license requires a background check of owners and managers and, if issued, must be renewed annually. As with adult businesses, prior to issuing licenses or renewals, inspections of the premises are conducted by the building official and fire marshal. Site plans are also required to be submitted in order to assess the adequacy of parking and impacts of lighting, trash storage, etc. on adjacent residential uses. The licensing ordinance requires the owner or a manager to be present during events. A social club cannot operate during the hours of 2:00 a.m. and 7:00p.m. A license may be denied or, if issued, may be suspended or revoked for a number of reasons, including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs by persons on the premises, the manager is not present on the premises during an event, being open beyond the allowable hours of operation specified in the ordinance, public displays of indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false statements on the application. Denial, suspension or revocation of a license may be appealed to the City Manager. The three existing social clubs are recognized as legal nonconforming uses in the ordinance and are allowed to remain at their current locations, even if the distance requirements are not met. However, the existing establishments would be required to obtain a license and be subject to all of the other conduct requirements of the licensing ordinance and all of the provisions of the nonconforming section of Chapter 26. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 200 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONI1 ~6o0F SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in` the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and IV WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, separating social clubs from residential neighborlidods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and i WHEREAS, locational requirements 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 social clubs are in the public interest; ,y. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the City's Code of Laws is hereby amended by the addition of the following definition to be added alphabetically: Social Club. A business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. Section 2. Section 26-204 of the City's Code of Laws is hereby amended by adding to the Table of Uses -Commercial and Industrial Districts the following: Uses Notes C-1 C-2 Social club In accordance with P P P P P Wheat Ridge Code of Laws, Chapter 11, article XI [NOTE: I didn't see anything more that we obviously needed to amend in the zoning section. Most of the regs are covered in the article on social clubs.] 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. 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 , 2006, 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 , 200, 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 ,200-. 2 SIGNED by the Mayor on this day of 200. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 200 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of , social clubs in the City, specifically with respect to crime, "disorderly conduct,, jitter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would' serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11 of the City's Code of Laws entitled "Licenses, Permits and Miscellaneous Business Regulations" is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. H 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a:person by another. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or `Wbc (3) Fighting with another in a public place, except as a participant in a sporting event. Finance director means the finance director for the City,of. Wheat Ridge,, Colorado. Investigator means a member of the Wheat Ridge' Police;Department. Manager includes the person or those persons who manage; supervise, oversee and administer the acts, transactions and servants of the establishments governed,,by this article. Patron means a person present during the time: he social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. VVwAe Social club means aAbusiness that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within )feet of the property line of any lot, tract or parcel of land within the City which is zoned and/or used for any of the following: V~A church; T 3 (2 lot zoned for residential use or zoned A-1 or A-2 and used for resi ial purposes. is unlawful to operate or cause to be operated a social club within o- thousand (1,000) feet of the property line of any lot, tract or parcel of land within the City which is zoned and/or used for any of the following: A school or licensed child care facility; IV~ A public park, recreational center, or community center. d) It Ja nlawful to se or permit t eration or rriaintenance of e to e soc' club the s e buil , str ure, 1 n of, pon asame lot, tract, or parcel of land. (e) For the purpose of subsections (b), and (c) of this section;, the distance between a social club and a church, school, childcare facility, public park, recreational center, community center, residential district, or a residential 22 lot shall be measured in a straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall ofthe structure in which the social club is located to the property line of suchVse. d~"V, (f) A social club lawfully operating on the effective date of this article, 2007,:shall rtne not xender'ed a legal-nonconforming use by lie present or subsgq, nt location of a church, school, childcare facility; public park; recreational ,~eenter,~y,,,community` center, 'residential district, or.,'a residential lot within.'. ( ) feet of the social club. ProvisioK5o( 5ec-dl-251 (g) Asocial club lawfully operating wit the city as of the effective date of this article that does not conform with tn' P 7nniQg rPqumr eRt of Ghapt r r -2-& of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within three months of the effective date of this article; ; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. The city's regulations concerning nonconforming uses, found at Section 26-120(c) of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. 4 Each applicant shall pay an initial license fee of five hundred dollars ($500.00). (b) Each applicant, whether an individual, partnership, limited liability qJ company, or corporation, shall pay the following application fees at the time of submitting any application to the finance director: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those`costs1ricurred by the City for outside agency review pursuant to section 1<1-255(b). Such application investigation fee shall be nonrefundable following a determination by the finance director that the application is complete in accordance with section 11-254. 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 finance director's determination that the application is complete. (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the anpiicant. (d) Renewal of an existing license issued pursuant to this article 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 finance ' ector not less than forty-five (45) days prior to the date of license expiration. The finance 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' ne lect; provided that no renewal application shall be accepted by the finance directo from any licensee after the license expires. (e) 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. Sec. 11-253. License application. 5 (a) All applicants for a social club license shall file a completed application for such license with the finance director on forms to be provided by the finance director. (b) The completed application shall contain the following information and shall be accompanied by the following documents: l~ (1) Each individual applicant, partner of a partnership,,cofficer or director of a corporation, the manager of a limited liability company and all EJvO"`\NW business managers shall be named in each application form, and each of U them shall be photographed and fingerprinted by the, Wheat Ridge Police Department. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all app'r'opriate referral agencies, including the finance director who shall include them in the application. (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submitsatisfactory proof that the individual is eighteen (18) 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~I ?artnership 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b)(1) of this section has previously operated or is currently operating or has been employed at an unlicensed 6 social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant o[ any other :individual listed pursuant to subsection (b)(1) of this section holds any other licenses under this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social' club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicants right to possession of the premises wherein the social club will be conducted; Gfwg f`o s dw-'-x (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d (8) A current improvement location certificate and straight-line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within ( ) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within ( ) feet from the closest exterior wall of the structure in which the social club will be located; 7 appmani\ or a sub ectio (r~ b)) of his se on Has en arres nd cb-a-rged ng a specified trim a act, the date of the arrest, and the n and location of the offense. (11) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10~days following submission of an application, the finance director shall review the application for completeness and conformance with the application requirements of section. 11-253. The finance director,'shall not accept for filing any application that is not complete in every detail. arld applican r with a written explanation' of fission or error without further action a finance dir application rejected by the finance director due to an sion or error may be resubmitted when the omission or a as been rem tl. For the purposes of this article, the date t dir for determines tha lication is complete and in co ormance with the application requirements of sec i n every tail shall be the date the abolication is deemed filed. (b) All applicants shall r the event that any inform& any information is discove from what is stated on the continuing duty to promr during the term of any soci ccc~r-rrr days fro date of such a updating the application mptly notify the finance director in writing in n contained in an application has changed or i by the applicant to be incorrect in any way ppl,ication, and every applicant shall have the update and supplement such information club license issued to the applicant. *4Uurr4i-te- in t irty (30) Chan dsco y, by supplementing or w' r#ie finance directory shall be grounds for revoc any application approva ~igs'uecl, suspension or revocation of an issued social club license. Sec. 11-255. Investigation. (a) Within five (5) days of the determination that an application is complete, the finance director shall transmit the application to the Wheat Ridge Police Chief, who shall cause the investigation of the background of each individual applicant, , 8 f~) 1 officers and directors of a corporation and the manage of a limited liability car"rarTr and manager of the social club and he accuracy of the information provided in the application. ga ion is in en e o ne w e er the ap I' con ance with the requirements of this art I on information and resources available to t e-city aaa a er• ine if any applicant or those listed in subsection (b section 11- 53 or nager has been convicted of cT ied criminal act. The esults of such inves tion shall not _ erpreted or construed as cons 'tuting an affirmation or veri i ion be r,r e^ . The pePee-ehieVshall submit a written report of the investigation to the finance director with' hirty (30) days after receiving the application from the finance di (b) Within five (5) days of receipt of an application for a social club license, the finance director shall notify the local fire marshal, r, and Geunty "uattr Department of such application. In making such notification, the finance director shall request t fire marshal and ; promptly inspect the premises for which h . the eocial club license is sought to assess compliance with the regulations under their respective jurisdictions. information within (30) days of receiving the applicati om the finance director shall be dee approval by that age` fern-M agem6y response received by the city after invest' a report is due but before an application is approved or den' be considered by the finance director despite its exclusio, m the report. ency response received after an application been approved that revea hat the application meets one or re of the denial criteria set forth in sects 11-256(a) shall constitut rounds for revocation' of approval or, where a lice has been i tense m actor ance viev - costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b)(2). (c) The fir :ma shat shall pr, a to the firnari " irector „a wr' n certi cation f whe her the pr ises a in com 'ance th the code withi t 10) days t of notice o pplication. C ~~L (d) The ing in r shall commence the inspection of the 664 premis for which a social club license is sought promptly upon receipt of yAe notice of the application, and shall complete a written certification of whether the premises are in compliance with the building code and the zoning code within fifteen (15) days after receipt of the application. (e) The finance director may cause to be conducted any other investigation deemed necessary to determine the application's ~GMM VeA/ C-P 9 conformance with any requirement of this article*i 'X+ hl oc e.-' Sec. 11-256. Approval or denial of application. 0 (a) A completed license application shall be ad inistratively approved or denied by the finance director within e ) days of the date of the ,14irrg-o-f-a-c-o-Mpfete application The finance director shall deny a license application if: ~[S wC(/'ht(b^F~ b2 C~G+tirllr (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, 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 social chub has had a social club 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 'social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; (7k)TIT individual licant, manager director or office of a to ion, artner o a pa ership, mans ited li ility any has nvicted of a cified criminal act for which: a. a than two (2) years h-Ave elate ed since the date convictio or th date of rel e from confin upervision, which er is the late e conviction is of a misdemeanor offense; or 10 b. Le than five (5) years have elapsed since conviction or the ate of release from confinement or whichever is the later if the conviction is of a felony offe_ c. Less than five (5 ears have conviction or the date of releas rom whichever is the later date, if the co the date sup sion, or paid since the date of inement or supervision are of two (2) or more misdemeanors. The fact that a conv on is b appealed shall have no effect on the disqualification o e applicant. Fo subsection, "convicted" incl es having pleaded gu to a specified crimina ct or any offense for involved one of th pecified criminal acts. "Conv who have rec ' ed a deferred judgment and ` sE adjudicatio or a specified criminal act or any_offen basis i ved one of the specified criminal ,acts;°or (8) The applicant is overdue in p fines, or penalties assessed against the applicant in relation to a social club. e purposes of this ilty.o, olo contendere which the tual basis icted" includes rsons or a aeterre( rich the factua the city of taxes, fees, c)r imposed against the (b) In the event that the f(aned.reefo~ approves alicense application, the (ante r shall make a written finding that the application conforms to the requirements of this article based on the information available and the investigation performed by the city. The finance director may make additional findings as deemed necessary to identify the 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 finance director's approval. Nothing in this article shall prevent or preclude the finance 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 Approval of a license application shall constitute issuance of a social club license. Issuance of a license shall be made only in accordance with section 11-258. The decision of the finance 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 finance director's' approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-258 within such one-year period shall require the submission of a new application. (d) In the event that the finance director denies a license application, the finance director shall prepare written findings of fact and a decision stating 11 the reasons or basis for the denial. A copy of the finance 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 finance director's denial. The finance director's decision to deny a license application shall become a final administrative decision of the city on the fourteenth 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 11-257. Sec. 11-257. Appeal of application denial. (a) In the event that the finance 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 thefinance 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 finance 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 f' 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 continuance or postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (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 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 12 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, and any other witnesses presented by the city or the applicant which are relevant to the stated reason and basis for the finance 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 by electronic recording device. Any person requesting a transcriptof 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 finance director, and the applicant may seek issuance of a license in accordance with this article. (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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, 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. (1) Notice of appeal to the municipal court must be filed within thirty (30) days of the city's final decision. (2) If the notice of appeal is accompanied by a motion and proposed order requiring certification of record, the municipal court shall order the city manager or designee to file with the clerk on a specified date, the record or such portion or transcript thereof as identified in the order, together with a certificate of authenticity. Both parties shall be given reasonable opportunity to file objections to the certified record. The cost of preparing the record shall be advanced and paid by the appealing party. (3) Proceedings in the municipal court shall be expedited and a hearing conducted within sixty (60) days of the court's receipt of notice of 13 appeal. The municipal court shall issue written judgment within ten (10) days of the hearing. (4) Review by the municipal court shall be limited to a determination of whether the city hearing officer exceeded his or her jurisdiction or abused his or her discretion in denying the license application, based on the evidence in the record before the officer. (5) The municipal court proceedings shall be governed by the Colorado Municipal Court Rules of Procedure and Wheat Ridge Municipal Court Rules of Procedure. (6) Judgment of the municipal court C.M.C.R. Rule 237. (g) To facilitate prompt judicial review of any a, pursuant to Colorado Rules of Civil Procedure 10( to an expedited briefing schedule in which each required for filing of the opening brief, answer shortened by at least ten (10) days. The city shall joint motion to the court requesting -prompt j acceleration of, the appeal in accordance with Procedure 106(a)(4)(Vllp. Sec. 11-258. (a) No license shah application until such conducted is ready equipment in place a! article and other appl inspection of the pren with the plans and sp of license. led pursuant to peal to theA district court (a)(4), the citysfiall agree f the deadlines otherwise brief and reply brief are proffer to the applicant a rdicial' attention to, and Colorado Rules of Civil )e issued.by the finance director after approval of an irne as 'the building in which the business is to be or, occupancy with such furniture, fixtures, and are necessary to comply with the provisions of this :able codes of the city or state, and then only after ses and certification that the applicant has complied -ifications approved by the city with the application. :)reir ises sAll bepgde wj4in tepJ10) days after tic premisesYnd th (b) If the licensed business premises has been closed or inactive for at least sixty (60) days, the finance director may revoke or elect not to renew the license. Sec. 11-259. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. 14 Sec. 11-260. Suspension of license. (a) Theme or designee may suspend a license for a period net to exceed six (6) months upon a finding of any of the following factors: ~w°7Y3nc9.~ ~ a,~5or~a;r~y ~ov'danc~ (1) Two (2) or more distutan-ces have occurred within a six-month period upon the licensed premi s or upon any parking areas, sidewalks, access ways or grounds within th immediate neighborhood of the licensed premises involving a patron or customer, manager, employee, or the licensee; k_~ft (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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishmen (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has 15 permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; L (10) A manager tof1$r1 e1 of the licensed establishment is under the age of eighteen (18) years; (11) The licensee, in the case of a company, is not in good standing or autho of Colorado; or (12) The licensee is delinquent in taxes or fees past due. *(n Vic, o,C rl(j Tv ) Idothina in, this article shall i ~!,yc~tuv~.od mil, (c A licensee shall- manager or designee violation of this article. (1) violated licensed the city violation. e 3tion or, limited liability do business in the State the city or state for any 15 e- n~h fro king a aw oft state ct~ ~iv~ C~ther A 0 or a quas ici hearing before the city eks t suspend a license based on a ble cause to believe that a licensee has m of this article to occur in or near the attorney may file a written complaint with setting forth the circumstances of the (2) The city manager or designee7shall 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. 16 (3) The city manager shall have the same powers to administer oaths, issue subpoenas, and grant continuances as are provided in subsection (c) of Section 11-257 and the hearing process to be followed for appeals to the city manager for the suspension of a license issued pursuant to this article shall be those provided for an appeal of a denial of an application found in subsection (d) of Section 11-257. (4) 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 lessthan 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. (d) Any appeal of the city manager's or designee's decision concerning suspension shall be appealed in the same manner as an appeal of an application denial described in Section 11-257(f), above. i (e) In the event of suspension or cessation of business, no portion of the 90\-\ r license fee shall be refunded. Sec. 11-261. Revocation. of license. ~~fK4 (a) The city manager or designee may revoke any license granted pursuant to this article upon a finding that either: (1) Violations of the provisions warranting suspension `contained in section 11-260 have been found to exist during a two-year period; or (2) The social club was operated and open during a period of time when the social club license was suspended. (3) The license application should have been denied under the criteria set forth in section 11-256(a). in this a e shal ohibi y from provided for by this Code. 17 (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 a the city manager's or designee's decision, as provided by sectio 11 260. JAW ccpv. Sec. 11-262. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club 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, processing fee and the application investigation fee as 'required by subsection (b) of Section 11- 252. An such change shall be reported on forms provided by the finance y,,MnCQ- ectn 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 11-253. Approval or denial by the"F for f such transfer be upon the same terms as provided for in this article for the approval or denial of a sncial chih IlcansP (c) When a or limited pars privileges., effect as to spouse < granted u suen sur is been issued to a husband and wife or to general death of >a spouse or partner shall not require the artnerto obtain a new license. All rights and the original license shall continue in full force and `s for the balance of the license. (d) Each license issued under this article 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. Sec. 11-263. Manager, change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance 18 director.anag r s Vvw~.othe n a octal clu h has be nvc ILf specifie cr mm I act ti e fra s set f t sub a on 11 nd s o defiv(b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance director within ten (10) days of such change. The fee for investigation of a new manager shall be f;#~ 100 dollars ($50.00). The finance director shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-264. Hours of operation. It shall be unlawful for a social c licensee or any employee of a licen: premises on any day from 't';22:00 a.m. Sec. 11-265. Security requirements. be open for businE allow patrons upon 91 until 7.00 a.m. r for the licensed In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take, place. There shall be one security guard present for every one hundred It patrons. Sec. 11-266. Indoor a All activities at the shall be allowed to Ii than 15 minutes. al club shall be conducted indoors and no patrons outside the social club unobserved or for longer Sec. 11-267. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination c one (1) foot-candle of light on the parking surface and/or walkway consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons 19 e to kvll and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-268. Parking requirements. !1(V Social clubs shall provide one (1) off-street parking space for every 2 patrons based on designed use or occupant capacity as determined by the fire marshal and shall otherwise comply with the city's requirements for off- street parking found at Section 26-501 and 26-502 of this Code. Sec. 11-269. Noise; vibration. The licensee shall insure that noise or<souhd and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-270. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge Police Department any unlawful or disorderly act, conduct or disturbance committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. 20 (d) Failure to comply with the requirements of this section may be considered by the finance director in any action relating to revocation, suspension or non-renewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-271. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. The lice de tment all, from' a to tim d at le st four e r, i spe t e h s cia lub Ii ens unde the ro 'sio s of in order to ssess co plianc ith the p _ ons of this article. (c) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. Section 2. Safety Clause. declares that this Ordinanc of the City of Wheat Ridge welfare of the public a preservation of health convenience and welfare. Ordinance bears a rational The City Council hereby finds, determines, and is promulgated under the general police power that it is promulgated for the health, safety, and d that this Ordinance is necessary for the nd safety and for the protection of public The City Council further determines that the relation to the proper legislative object sought to be attained. Section 3. 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 , 2006, 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 , 200, 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 ,200. GP 21 SIGNED by the Mayor on this day of 200. Jerry DiTullio, Mayor ATTEST: Pamela Anderson, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 22 mod Ei,4,%u 3 L R 2401 151s 3xr ';c,'.._ aS.t 6-.10 _ _ 30 4-';". C9 ti5 MEMORANDUM TO: Chief Daniel Brennan; Wheat Ridge Police Department Alan White, Community Development Director FROM: Gerald E. Dahl, Debra Kalish, City Attorney's Office DATE: December 7, 2006 RE: Ordinance for Licensing of Social Clubs Based on our continuing discussions regarding the difficulties the City continues to experience with social clubs and how best we might regulate them, we have drafted a proposed ordinance for City Council's consideration. Based largely on the current Chapter of the Code of Laws that regulates sexually-oriented businesses (SOBs), the proposed ordinance adds a new article XI to Chapter 11, which regulates businesses generally. Because social clubs, unlike SOBs, do not have to obtain liquor licenses, we have included certain liquor code provisions, such as those that pertain to serving under age or visibly-intoxicated patrons. We have also included noise, vibration, lighting and parking regulations, require that a manger on be on the licensed premises during the hours of operation, generally restrict social club activities to inside the social club (allowing for a 15 minute smoking break) and limit the hours of operation. The bases for suspension of a social club license include many of the other violations that have caused difficulties for residential neighborhoods including engaging in acts of prostitution, public indecency, and public urination or defecation. As we were drafting the ordinance, we realized that there are several issues on which we would appreciate additional policy direction from the City. These include the following: Section 11-250. Definitions. Finance director. this was the office we discussed administering these licenses. Is this still the office City staff would like to administer these licenses? We can change this title to the appropriate office, as determined by staff and City Council. Social clubs: please review this definition carefully to be sure we haven't cast too broad a net and included some entities that we did not intend to regulate with this new article. MEMO: Ordinance for Licensing Social Clubs December 7, 2006 Page 2 of 4 Section 11-251. Locational requirements. We have included the locational requirements from the SOB licensing requirements, but have left the distances blank for the time being. Would staff like to include specific numbers as a recommendation to Council? This section can be deleted if Council would prefer not to include locational requirements. Section 11-252. License required; fees. The suggested $500 initial license fee, $150 application processing fee, and $250 annual license renewal fee was taken from the SOB ordinance. Is staff comfortable with recommending these amounts or should they be raised or lowered? Section 11-253. License application. We probably only need to include subsection (8) if the locational requirements of Section 11-251 are included in the article. Also, the term "specified criminal act" appears for the first time in subsection (B)(10) of this section. In the SOB ordinance, this term was defined as "unlawful sexual behavior" which is further defined in 16-22-102(9) and includes the complete list of sex crimes. We can go several ways here: substitute "felony" for "specified criminal act," provide a definition of specified criminal acts that lists those particular acts we would be concerned about managers and owners of social clubs having committed, or delete this altogether. Please let us know how you would like to proceed. In the meantime, "specified criminal act" is in bold font so we keep track of all the places it is used in the proposed article. Section 11-257. Appeal of application denial. There are several approaches that could be taken with appeals. We have provided you with one approach, which we recommend, but want you to be aware of the other alternatives. The key decision points are: who makes the final decision for the City and should be have a quasi-judicial hearing before the applicant appeals to court? One process might be to have the finance director's decision be the final decision for the City. In this case, the applicant would go immediately to municipal court or to Jefferson County District Court with a declaratory judgment action, i.e., MEMO: Ordinance for Licensing Social Clubs December 7, 2006 Page 3 of 4 asking the Court to determine, based on the standards in the Code, whether the applicant should have been granted its license. In the proposed process, the finance director makes the initial decision and that decision may be appealed to the city manager, who then holds a quasi-judicial hearing. The city manager's decision can be appealed to either the municipal court or the Jefferson County District Court. Because in this scenario, the City would have held a quasi-judicial hearing, the hearing before the court is a Rule 106(a)(4) action, in which the Court is limited in its review to a determination of whether the city manager acted arbitrarily or capriciously in making his or her decision. In these cases, there is also a presumption that the City knows how to interpret its own rules. For this reason, we recommend the City adopt the procedure currently presented in this section. Section 11-260. Suspension of license. Subsection (8) currently list the employment of a person under the age of 18 as a basis for suspending the social club license. Would we be comfortable with social clubs hiring persons under 18 so long as they are not involved with alcohol? Please also review the full list of bases for suspension to be sure you are comfortable with these proposed bases. Sections 11-264 through 271. These sections impose certain restrictions on social clubs and should be reviewed carefully since they have not yet been discussed. Their inclusion is intended to limit the reported impacts of social clubs on adjoining properties. We might want to think about which of them should still be included if we have locational restrictions (i.e., distance from churches, schools, residences, etc.) In Section 11-266, indoor activities, the thought was to contain patrons within the social club - much as we require certain types of uses to be conducted indoors, or screened. However, with the new smoking laws, we may have to allow people to smoke outside - hence the observation and the time limit. Section 11-268, parking requirements: the 1 space for every 2 patrons requirement came from the Code's requirements for recreational enterprises. MEMO: Ordinance for Licensing Social Clubs December 7, 2006 Page 4 of 4 Section 11-269: noise; vibration may only be needed if we allow social clubs next to residences. VIMEAT9~ ~ 00 m OCOpA00 WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry Di Tullio and City Council FROM: Daniel Brennan, Chief of Police Alan White, Director Community Development DATE: November 1, 2006 SUBJECT: Regulation of Social Clubs The Police Department and Community Development have been responding to numerous nuisance type complaints at various social clubs; particularly those that are in close proximity to residential areas. Specifically, the police department handles calls for service involving crime related issues, order maintenance (behavior) problems and traffic complaints resulting from increased vehicle traffic when the social club is open for business. The fire department can be impacted as well when social clubs exceed their occupancy limits. Staff members from Community Development and the Police Department met with representatives from the City Attorney's office to discuss strategies that would proactively address community concerns regarding social clubs. A memorandum from the City Attorney's office detailing two regulatory proposals is attached for your review. Case No.: ZOA0605 Quarter Section Map No.: App: Last Name: Citywide Related Cases: App: First Name: I Case History: mend code pertaining to - Social Clubs... Owner: Last Name: Owner: First Name: App Address: Review Body: PC: City, State Zip: App: Phone: APN: Owner Address: 2nd Review Body: CC: City/State/Zip: 2nd Review Date: Owner Phone: Decision-making Body: CC: Project Address: - Approval/Denial Date: Street Name: City/State, Zip: Reso/Ordinance No.: Case Disposition: I Conditions of Approval: District: I Project Planner: hite File Location: ctive Date Received: 5124/2006 Notes: ~W. Pre-App Date: Follow-Up: Tx 0-7 4ta.~ M upmAY ~AHL KUEGH ENMEISTEI2 R ENAU~ LLP 0 2401 15th Street Suite 200 Denver, Colorado 30202 Phone 303.493.6670 F. 303.477.0965 MEMORANDUM TO: Mayor DiTullio, Wheat Ridge City Council Members FROM: Gerald E. Dahl, Debra S. Kalish, City Attorney's Office DATE: July 17, 2006 RE: Regulation of Social Clubs Because of an increase in nuisance-type complaints at various social clubs in the City, City staff has been reviewing methods of regulating these clubs. This memo will provide you with an overview of the regulatory methods available for your consideration. Zoning Changes Part of the reason that complaints have been made about social clubs is their proximity to and incompatibility with residences. The nature of these complaints include concerns about crime, order maintenance (behavior) issues, and traffic problems brought about by the proximity of social clubs to established residential neighborhoods. In order to avoid future siting of social clubs in similar locations, staff has discussed the possibility of revising the zoning code in three different ways: Allowing social clubs in industrial zone districts only Requiring a special use review before a social club could located in a zone district Prohibiting social clubs from being within some distance (1 block, 500 feet, 1000 feet) of residences There are advantages and disadvantages to each approach. Modifying the code to allow social clubs only in industrial zone districts is the easiest approach to administer. If approved, there would then be only certain areas within the City in which social clubs could operate. Industrial zone districts tend to be well- separated from residential districts by distance and/or by major arterial streets. The disadvantages to this approach may be the lack of discretion regarding whether to allow a particular club in a particular location and the inability to attach conditions regulating the conduct of the business in its particular location. This latter drawback could be addressed if this approach was accompanied by a licensing requirement. Requiring special use review would eliminate the lack of discretion in the "industrial zone district only" approach, but then is consequently also an approach that is harder to administer. An application must be filed; the applicant must hold a neighborhood input meeting about the use; and the application must be referred to affected public agencies for review and comment. Special uses can be approved administratively, but the public interest might be better served if such uses automatically required a public hearing. The special use permit can be revoked if there are violations of conditions of approval, which could include hours of operation, staff requirements, and other elements discussed below under licensing. Prohibiting social clubs within a certain distance of residences has the advantage of directly addresses the problem of incompatible uses, but because of the City's current zone district configuration, may have the same effect as allowing them only in industrial zone districts, depending upon the distance selected. Each of these approaches has advantages and disadvantages. Bear in mind that the zoning approach to regulating social clubs applies only to those social clubs that are not currently in existence. Currently existing clubs would become legal, nonconforming uses in their present locations if one of these options is adopted, which would prohibit them from expanding in their present location, but would not require them to close or provide for any other regulation. 2. Licensing In order to regulate existing social clubs within the City, staff has discussed the possibility of creating a licensing scheme similar to that of businesses that sell liquor, nightclubs or adult businesses. These licensing requirements would, of course, apply to future social clubs as well. As you know, social clubs are not required to have liquor licenses since alcohol on the premises is not sold, but rather is shared. Creating a licensing scheme for entities where liquor is served, but which are not required to have a liquor license, could give the City a similar level of control over how those operations are run as well as the power to revoke a license if such entities are run without regard to the City's regulations. Hours of operation, staffing requirements, prohibition of disorderly conduct and reporting requirements could be elements of such a licensing approach. ~~vlNEnr9 c3 m o~~poo WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Alan White, Director Community Development FROM: Chief Dan Brennan DATE: June 14, 2006 (I SUBJECT: Rental/Dance Halls Please review the attached memorandum from the city attorney's office regarding zoning restrictions to prevent rental/dance halls being adjacent to residential areas and (2) licensing dance halls. Could you and/or your staff review this document and meet with the police department to discuss the process of making changes to our zoning ordinances pertaining to rental halls. /js Attachment cc: R. Young, City Manager ~v /lle M Uf2iZAY J CASSA oA" - J CHISM I t KuecHENMEISTER W HAMMOND J LORENTZ F2ENAuo t_ LP Distribution date: b 0 2401 15th Street Suite 200 Denver, Colorado 80202 Phone 303 493,6670 Fax 303.47 7 .0965 MEMORANDUM TO: Gerald Dahl FROM: Debra Kalish DATE: May 18, 2006 RE: Chief Brennan's inquiries regarding (1) zoning restrictions to prevent rental/dance halls being adjacent to residential areas and (2) licensing dance halls Chief Brennan and the Command Staff raised with us several questions regarding using zoning regulations to prevent the locating of rental/dance halls adjacent to residential neighborhoods and Denver's licensing of "certain types of establishments, including dance halls." I have reviewed the Revised Municipal Code for the City and County of Denver ("D.R.M.C.") and have the following observations: Zoning The use definition in the D.R.M.C. that most closely describes the present use of the Eldorado Club is Entertainment, indoor, which reads as follows: A facility providing indoor amusement or entertainment activities for the payment of a fee or admission charge, including theaters, studio theaters, bowling alleys, dance halls, music and meeting halls, ice rinks, swimming pools, tennis clubs and other similar uses; excluding adult amusement or entertainment facilities. D.R.M.C. § 59-2(103) While this is hardly a perfect match, it is the closest use described in the D.R.M.C. This use is not allowed in any regular residential, business, industrial or open space zone district. In fact, the term "Entertainment, indoor" does not appear anywhere in the D.R.M.C. other than in the definition section. "Sports and/or entertainment facilities" seems to be the closest use that actually appears in a use chart. This use is allowed as a special review use in R-MU-30 and a permitted use in C-MU-30 and as either a special review use or a permitted use in the Platte River Valley zones. Chief Brennan's Inquiry re: Rental/dance hall licensing; Zoning restrictions May 18, 2006 Page 2 of 3 In the Wheat Ridge Municipal Code the use that most closely matches the use of the Eldorado Club is probably "taverns, night clubs, lounges, private clubs and bars," (even though they don't serve alcohol and don't quality as a private club) which is allowed as a permitted use in the C-1, C-2 and I zone districts. One approach Denver takes, that I did not see in the Wheat Ridge code, is the use of "distance requirements." For example, in the B-5 zone districts certain uses that are allowed cannot be established operated or maintained within 500 feet of a residential district, a dwelling unit, church, school, etc. Certain other uses (generally adult uses) cannot be located within 1000 feet of each other. This approach may be exactly what the Chief was recommending in suggesting that dance halls not be allowed next to residential areas and could be quite workable in Wheat Ridge. Enacting such an ordinance at this point would make the Eldorado Club and other similarly-situated facilities non-conforming uses. Licensina The second issue the Chief raised has to do with licensing of rental/dance halls. The D.R.M.C. includes three types of related licenses: dance halls, social rooms and other amusements; and cabarets. I have attached the ordinances related to each of these licensing schemes for your review. "Dance halls" are premises open to the public generally. They do not include establishments licensed to sell alcohol. D.R.M.C. § 5-51(2). Cabarets are "establishments or businesses licensed to sell alcoholic beverages or 3.2% beer which offers or provides entertainment for patrons or guests." D.R.M.C. § 6-31(2). A "social room" is "any establishment, facility or room which offers or provides amusement, entertainment or recreational or social activities of any kind for remuneration, whether through fees, ticket sales, cover charges, memberships, dues, portion of funds generated or in any other manner." There are three classes of licenses for social rooms and other amusements: standard social room, after hours social room and after hours restaurant. The standard social room operates between the hours of 8 a.m. and 12 midnight. "Patron dancing may be permitted, but no entertainer shall dance with any patron or guest." These types of licenses cannot be issued "to any establishment that sells, serves, or gives away alcohol beverages. Such establishments may apply for a cabaret license under article III of chapter 6." Chief Brennan's Inquiry re: Rental/dance hall licensing; Zoning restrictions May 18, 2006 Page 3 of 3 The Eldorado Club comes close to this use; as we understand it is not giving away alcohol, rather it is the patrons who are sharing what they themselves bring. While these categories may not strictly cover the rental hall situation, they may provide a basis for drafting a licensing ordinance that would cover rental halls in Wheat Ridge. Some of the provisions that are most attractive include the keeping of records, the mandate that the licensee not allow a variety of infractions including disorderly conduct and that he report any such conduct immediately to the police. Further, there is a full application process with notice and public comment requirements and bases for denial, suspension and revocation of the permit. The social club license, for example, also requires a registered manager to be present when the club is open to the public. Please let me know what else I can do to assist in this matter. DIVISION 1. GENERALLY DIVISIO:. GENERALLY CCA Sec. 7-91. Definitions. Pagel of 3 As used in this article, the following words and phrases shall have the following meanings, j0ZA!Lk I unless otherwise clearly indicated by the context: ~we cual Adult entertainment shall mean amusement or entertainment which features or includes ~r specified anatomical areas or specified sexual activities, as defined in the zoning code of the city, sections 59-2(132) and 59-2(133) of this code. Director shall mean the director of excise and licenses. Entertainment shall mean live or recorded music or live or recorded vocal entertainment or any of these, but shall not include adult entertainment. Licensee shall mean a person licensed under this article. Patron dancing shall mean dancing by patrons or guests of an establishment, business or social room. Restaurant shall mean a food service establishment licensed under the provisions of article III of chapter 23 of this Code. Social room shall mean any establishment, facility or room which offers or provides amusement, entertainment or recreational or social activities of any kind for remuneration, whether through fees, ticket sales, cover charges, memberships, dues, portion of funds generated or in any other manner. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-92. Classes of licenses. Classes of licenses and permissible activities at establishments or facilities within each class shall be as follows: (1) Standard social room. A social room which operates only between the hours of 8:00 a.m. and 12:00 midnight. Patron dancing may be permitted, but no entertainer shall dance with any patron or guest. (2) After hours social room. A social room which operates between the hours of 8:00 a.m. and 5:00 a.m. Patron dancing may be permitted, but no entertainer shall dance with any patron or guest. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in an after hours social room without the written consent of a parent or guardian or the written approval of the director. (3) After hours restaurant. A restaurant in which entertainment is provided and in which patron dancing is permitted but is incidental to the primary business. No entertainer shall dance with any patron or guest. Entertainment and patron dancing shall not be provided between the hours of 5:00 a.m. and 12:00 noon. No person under eighteen (18) years of age shall be employed or permitted to participate as an entertainer in an after hours restaurant without the written consent of a parent or guardian or the written approval of the director. An after hours restaurant licensee shall not permit anyone under twenty-one (21) years of age to patronize or gain entry into the after hours restaurant between the hours of 2:00 a.m. and 5:00 a.m., http://hbrary3.municode.com/mcc/DocView/10257/l/120/128/129 5/18/2006 DIVISION 1. GENERALLY Page 2 of 3 unless accompanied by a parent or legal guardian. An after hours restaurant may not be located on the same premises with any establishment licensed under the Colorado Liquor Code or the Colorado Beer Code, provided, however, that an after hours restaurant may share such facilities that are unrelated to the provision of entertainment as the director may by rule determine. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-93. Records to be kept. All licensees shall keep an accurate set of books showing the income and expenditures of or for such social rooms and after hour restaurants and for such entertainment activities engaged in, operated, conducted, carried on or maintained on the licensed premises; and such books shall be open to inspection by the director or any police officer of the city at all reasonable hours. If a licensee sells or issues memberships, a list of the names and addresses of all such members shall be kept current and shall besubject to inspection in the same manner as the books of such licensees. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-94. Disorderly behavior; report by licensee. (a) No licensee, manager, agent or employee of a licensee, nor any member of an organization licensed under this article, shall permit within or upon the licensed premises: intoxicated persons or persons under the influence of alcohol, narcotic drugs, stimulants or depressants; nor lewd or obscene displays or activities; nor disturbances, disorderly conduct, or undue noise; nor any unlawful act; nor any violations of state gambling laws; nor other activity offensive to the residents of the neighborhood in whichthe establishment is located. (b) Any licensee, and any manager or agent or employee of a licensee, shall immediately report to the police department any unlawful or disorderly act or conduct committed on the licensed premises. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-95. Rules and regulations. The director may make such reasonable rules purpose of administering and enforcing the provisions relating to and affecting the licensing and operation described herein. and regulations as may be necessary for the of this article and any other ordinances or laws of social rooms or after hours restaurants as (Ord. No. 100-88, § 1, 2-29-88) Cross references: Rules and regulations generally, § 2-91 et seq. Sec. 7-96. Adult entertainment prohibited. It shall be unlawful for a licensee or any manager, agent or employee of a licensee to offer, provide or permit any adult entertainment. (Ord. No. 100-88, § 1, 2-29-88) http://Iibrary3.municode.com/mcc/DocView/10257/1/120/128/129 5/18/2006 DIVISION 1. GENERALLY Sec. 7-97. [Exceptions.] Page 3 of 3 The provisions of this article shall not apply to any establishment that sells, serves, or gives away alcohol beverages, except club licensees, nor shall any of the licenses provided in this article be issued to any such establishment. Such establishments may apply for a cabaret license under article III of chapter 6. (Ord. No. 500-01, § 10, 6-18-01) Sec. 7-98. [Exceptions.] The provisions of this article shall not apply to any establishment that sells, serves, or gives away alcohol beverages. Such establishments may apply for a cabaret license under article III of chapter 6. (Ord. No. 500-01, § 11, 6-18-01) Secs. 7-99--7-100. Reserved. http://library3.municode.com/mcc/DoeView/10257/1/120/128/129 5/18/2006 DIVISION 2. LICENSE* DIVISION 2. LICENSE* *Cross references: Licenses generally, Ch. 32. Sec. 7-101. Required. Page 1 of 4 It shall be unlawful for any person to operate a social room or after hours restaurant without having first obtained a valid license as provided in this division; provided, however, that no license shall be required for a social room operated by: (1) A person or organization which can demonstrate its exemption from taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code of 1954, as amended, and where attendance at the school room is restricted to members of the organization and their guests; or (2) A municipal, state or federal governmental body. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-102. Application. (a) Application for a license under this article shall be made to the director on forms to be provided by the director for that purpose, which forms shall contain the following information: (1) Name and address of the applicant; (2) Name and address of the establishment or business for which application is being made; (3) Class of license applied for; (4) Type of entertainment to be offered or provided; (5) Building plan of the premises for which application is being made with all the points of ingress and egress clearly marked thereon. The director may also require detailed sketches of the premises; (6) Such other information or evidence as reasonably may be required to establish to the satisfaction of the director that the character and reputation of the applicant are such as to warrant the confidence of the director that the establishment will be lawfully operated, and that the health or welfare or morals of the neighborhood will not be adversely affected by the license issue. (b) Any change of ownership shall require a new application and license, with payment of fees therefor, and approval of the director. However, 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. For the purposes of this division, the transfer, sale or assignment of more than fifty (50) percent of the corporate stock of a corporate license shall be conclusively presumedto be a change of ownership. (Ord. No. 100-88, § 1, 2-29-88) http:Hlibrary3.municode.com/mcc/DocView/10257/1/120/128/130 5/18/2006 DIVISION 2. LICENSE* Page 2 of 4 Sec. 7-103. Notice; posting; hearing. (a) Upon receipt of an application for a license under this article, the director shall schedule a public hearing upon the application not less than forty (40) days from the date of receipt of the application; and it shall be the duty of the director, in the director's discretion, to designate the neighborhood to be affected by such application. (b) The director shall require public notice to be given of the application for such license by the posting of a notice of the public hearing no less than thirty (30) consecutive days in advance of the public hearing in a conspicuous place on the premises whereon the social room or after hours restaurant is proposed to be operated or maintained, legible from the public street or public way (other than an alley) nearest to such premises. This public notice shall state the type of license applied for, the name and address of the applicant, the type of entertainment to be offered, and the time and place of the public hearing on the application; provided that such posted notice of the public hearing shall be displayed on a sign or signs, in number, size and location as prescribed by the director. (c) At the time and place specified in the notice, or at such other time to which the hearing may be continued by the director, the director or any hearing officer shall receive petitions and hear such information and evidence as may be offered by the applicant and residents of the designated neighborhood (which term shall include residents of the neighborhood and all owners or managers of business located in the designated neighborhood) concerning the desires of the residents of the designated neighborhood andthe effect the issuance of the license would have on the health or welfare or morals of the designated neighborhood. Admissibility of evidence, exhibits and petitions shall conform with the general rules of evidence. (d) The approval or denial of the application shall rest within the sound discretion of the director after evidence has been presented during such public hearing. (e) A hearing upon application for renewal of an existing license may be scheduled at the discretion of the director, either upon the director's own initiative or upon proper complaint to the director, and the procedures and requirements in this event shall be the same as shown in this division for a new license application. (f) The director shall not consider an application for a license at a particular premises if a license under this article has been applied for but not issued for the same premises within one (1) year prior to the date of making such application. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-104. Fees. License and application fees under this article shall be as prescribed in section 32-109 of this Code. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-105. Causes for denial. (a) No license under this article shall be issued when: (1) The information or evidence available to and considered by the director reasonably establishes: that the character or reputation of the applicant or the past record of operation of the establishment or business for which application is made is such so as http://Iibrary3.municode.com/mcc/DocView/10257/1/120/128/130 5/18/2006 DIVISION 2. LICENSE* not to warrant the confidence of the lawfully operated; or that the health adversely effected thereby; Page 3 of 4 director that the establishment or business will be or welfare or morals of the neighborhood would be (2) The applicant or manager of the establishment or business has been convicted of a felony, misdemeanor, or ordinance violation involving the use of or traffic in narcotic drugs, violent acts against person or properties, sex offense, or gambling, within five (5) years immediately preceding the date of application or request for renewal of license, subject to the provisions of subsection (b); (3) The applicant or manager of the establishment or business has been convicted of an unlawful act while under the influence of alcohol or any narcotic drug, stimulant or depressant, two (2) or more times within five (5) years immediately preceding the date of application or request for renewal of license, subject to the provisions of subsection (b); (4) The premises for which application has been made or for which renewal of a license is sought are not approved for the purpose by the fire, environmental health and public works departments of the city; (5) The premises for which application has been made or for which renewal of a license is sought has more than one (1) door to be unlocked to gain admission; has an entrance equipped with any device that allows persons inside the premises to see outside, but does not allow persons outside the premises to see inside; or has any kind of signal system which can be used to give warning of the approach of a police officer; (6) The premises for which application has been made is located within five hundred (500) feet of any public or private elementary or secondary school; (7) Makes any false or misleading statement of material fact on his or her application; (8) Has violated any state law or city ordinance in connection with any social room or after hours restaurant license within three (3) years preceding the application; or (9) Has committed or permitted any act in connection with any social room or after hours restaurant license which is cause for suspension or revocation under section 7-76 or section 32-22 within three (3) years preceding the application. (Ord. No. 100-88, § 1, 2-29-88; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 500-01, § 12, 6-18-01) Sec. 7-106. Inspection of premises. Before issuing any license under this article, the director or one (1) of the inspectors shall visit and inspect the premises where the applicant proposes to operate. (Ord. No. 100-88, § 1, 2-29-88) Sec. 7-107. Registered manager--Present when open to public. (a) The licensee shall file with the director a written designation of a person over the age of twenty-one (21) who shall serve as the licensee's registered manager. (b) The licensee's registered manager shall be physically present on the licensed premises at all times that the premises are open to public entry or use. (Ord. No. 500-01, § 13, 6-18-01) Sec. 7-108. Conditions on license. http://Iibrary3.municode.coin/mcc/DocView/10257/l/120/128/130 5/18/2006 DIVISION 2. LICENSE* Page 4 of 4 The director may impose reasonable terms, requirements, conditions, or limitations on any license issued under this article necessary to protect public health, safety or welfare. (Ord. No. 500-01, § 13, 6-18-01) Sec. 7-109. Suspension or revocation of license. (a) After notice and an administrative hearing at which the city submits proof by a preponderance of the evidence, or upon stipulation of the parties, or upon failure of the licensee to appear at such a hearing after notice has been given, the director may suspend or revoke any license issued under this article who: (1) Makes any false or misleading statement of material fact on his or her application for a license or to any city employee enforcing this article or investigating whether a violation has occurred under this article; (2) Violates any state law or city ordinance or permits any person to do the same on the premises of the social room or after hours restaurant or on any sidewalk, street, parking area or other grounds immediately adjacent to the public dance premises; (3) Fails to maintain the licensed premises in compliance with the requirements of the fire department, public works department, building department, zoning department, and environmental health department; (4) Violates any rule or regulation promulgated by the director under this article; (5) Violates any term, condition or limitation on his or her license or permits any person in his employment to do the same; (6) The licensee and his employees engage in or permit any conduct that is offensive to the senses of the average citizen on the licensed or on any sidewalk, street, parking area or other grounds immediately adjacent to the public dance premises; or (7) Commits any act or omission or meets any condition which is cause for suspension or revocation under section 32-22. (Ord. No. 500-01, § 13, 6-18-01) Sec. 7-110. Premises open to police inspection. The premises of any social room or after hours restaurant shall be open for inspection by any police officer at any time that the premises are available for open to public entry or use. (Ord. No. 500-01, § 13, 6-18-01) Secs. 7-111--7-125. Reserved. http://Iibrary3.municode.com/mee/DocView/10257/1/120/128/130 5/18/2006 rDIVISION 1. GENERALLY Page 1 of 5 DIVISION 1. GENERALLY Sec. 6-31. Definitions. As used in this article, the following words and phrases shall have the following meanings, unless otherwise clearly indicated by the context: (1) Alcohol beverages shall mean malt, vinous or spirituous liquors, as defined in the Colorado Liquor Code. (2) Cabaret shall mean any establishment or business licensed t sell Icoholic beverages or 3.2% beer which offers or provides entertainment for patrons o guests. (3) Director shall mean the director of excise and licenses. (4) Entertainment shall mean and include the following terms: a. Adult entertainment shall mean amusement or entertainment which features or includes specified anatomical areas or specified sexual activities, as defined in the zoning code of the city, sections 59-2(132) and 59-2(133) of this Code. b. Live entertainment shall mean and include all shows, live music, games of sport and performances of any kind but shall not include adult entertainment. c. Patron dancing shall mean dancing by patrons or guests of an establishment or business. d. Recorded entertainment shall mean recorded music or recorded vocal entertainment or both, but shall not include adult entertainment. (5) Licensee shall mean a person licensed under this article. (6) 3.2% beer shall mean fermented malt beverages, as defined in the Colorado Beer Code. (7) Patron shall mean any person who gains admission to enter or is knowingly allowed to remain inside of a licensed premises, regardless of whether the person paid any fee, or exchanged anything of value, to enter or remain inside, or purchased any product or service. (8) Underage patron shall mean any patron who is under twenty-one (21) years of age. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 829-91, § 3, 11-12-91; Ord. No. 1111-01, § 2, 12-17-01) Sec. 6-32. Classes of cabarets. Classes of cabarets and permissible activities at establishments within each class shall be as follows: (1) Standard cabaret. A cabaret in which only live entertainment is provided. No patron dancing shall be permitted. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in a standard cabaret without the written consent of a parent or guardian or the written approval of the director. (2) Dance cabaret. A cabaret in which either live entertainment or recorded entertainment or both is provided and in which patron dancing is permitted. No http://hbrary3.municode.com/mcc/DocView/10257/l/108/111/112 5/18/2006 DIVISION 1. GENERALLY Page 2 of 5 entertainer shall dance with any patron or guest. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in a dance cabaret without the written consent of a parent or guardian or the written approval of the director. (3) Special dance cabaret. A cabaret in which either live entertainment or recorded entertainment or both is provided and in which patron dancing is permitted, which entertainment is confined to the interior of the building which constitutes or is located upon the licensed premises, as defined in the Colorado Liquor Code. Unamplified live entertainment or recorded entertainment which is of no greater volume than recorded background music provided in the interior of the building, measured at the speaker, may be provided, and patron dancing may be permitted, on the premises beyond the interior of the building, but no live entertainment shall be provided beyond the interior after 8:00 p. M. No entertainer shall dance with any patron or guest. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in a special dance cabaret without the written consent of a parent or guardian or the written approval of the director. (4) Adult cabaret. A cabaret in which adult entertainment is provided, whether or not such adult entertainment is provided together with any other type of entertainment authorized by this article. Patron dancing may be permitted. No entertainer shall dance with any patron or guest. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in an adult cabaret. (5) Acoustic cabaret. A cabaret in which only unamplified live entertainment is provided. No patron dancing shall be permitted. No person under twenty-one (21) years of age shall be employed or permitted to participate as an entertainer in an acoustic cabaret without the written consent of a parent or guardian or the written approval of the director. (6) Events center cabaret. A multipurpose cabaret with a seating capacity of at least two thousand (2,000) in which either live entertainment or recorded entertainment or both is provided and in which patron dancing is permitted. No entertainer shall dance with any patron or guest. No person under eighteen (18) years of age shall be employed or permitted to participate as an entertainer in an events center cabaret without the written consent of a parent or guardian or the written approval of the director. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 222-88, § 1, 4-11-88; Ord. No. 476-88, § 1, 8-1-88; Ord. No. 1111-01, § 3, 12-17-01) Sec. 6-33. Time limits for entertainment. It shall be unlawful for a licensee to offer or provide entertainment at any time when the sale of alcohol beverages or 3.2% beer, as the case may be, is prohibited by law on or in the licensed premises. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 1111-01, §4, 12-17-01) Sec. 6-34. Limits on ages of patrons. (a) It shall be unlawful for any adult cabaret licensee, or any employee or agent of an adult cabaret licensee, to permit or allow anyone under twenty-one (21) years of age to patronize or gain entry into that adult cabaret during its hours of operation; or for any person under twenty- one (21) years of age to gain entry or attempt to gain entry into an adult cabaret during its hours http://library3.municode.com/mcc/DoeView/10257/l/108/111/112 5/18/2006 DIVISION 1. GENERALLY of operation. Page 3 of 5 (b) It shall be unlawful for any standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret licensee, while providing entertainment after 10:30 p.m. or allowing patron dancing, or for any employee or agent of such licensee, to permit or allow anyone under twenty-one (21) years of age to patronize or gain entry into the cabaret, while the licensee is providing entertainment after 10:30 p.m., or allowing patron dancing or, or for any person under twenty-one (21) years of ageto gain entry or attempt to gain entry into a standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret, while the licensee is providing entertainment after 10:30 p.m. or allowing patron dancing, unless accompanied by a parent or legal guardian; provided, however, that this prohibition shall not apply to the following: (1) A restaurant where entertainment is offered in a room or rooms separate from that patronized by the person under twenty-one (21) years of age for the purpose of eating; (2) A standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret, when it is being operated without providing or offering any entertainment; (3) A standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret, when it is being operated without selling, offering or providing any alcohol beverages and when alcohol beverages are not displayed, exhibited, or otherwise exposed; (4) The person is sixteen (16) years of age or older and the cabaret has a valid underage patrons license, issued pursuant to division 3 of this article, prominently posted in a conspicuous location; or (5) A special events cabaret, as permitted under section 6-64. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 222-88, § 2, 4-11-88; Ord. No. 476-88, § 2, 8-1-88; Ord. No. 499-01, § 1, 6-18-01; Ord. No. 499-01, § 2, 6-18-01; Ord. No. 1111-01, § 5, 12-17-01) Sec. 6-35. Disorderly behavior; report by licensee. (a) Each licensee shall conduct his establishment in a decent, orderly and respectable manner. No licensee, manager, agent, or employee of a licensee, nor a member of any organization licensed herein, shall permit within or upon the licensed premises: the loitering of intoxicated persons or persons under the influence of alcohol, narcotic drugs, stimulants or depressants; nor lewd or obscene displays or activities; nor disturbances, disorderly conduct, or undue noise; nor any unlawful act; nor other activity offensive to the residents of the neighborhood in which the establishment is located. (b) Any licensee, and any manager or agent or employee of a licensee, shall immediately report to the police department any unlawful or disorderly act or conduct committed on the licensed premises. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-36. Unlawful display of liquor. It shall be unlawful for any licensee or any employee or agent of a licensee to display, exhibit, or otherwise expose, or to permit the display, exhibition, or exposure of alcohol beverages or 3.2% beer on or in the licensed premises at any time when the sale of same is not permitted by law on or in the licensed premises. http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/112 5/18/2006 DIVISION 1. GENERALLY Page 4 of 5 (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 1111-01, § 6,12-17-01) Sec. 6-37. Food and drink prices charged shall not exceed prices on menus. Menus shall be provided guests on request and shall legibly set forth the price of food or drink available, together with any minimum or cover charge and entertainment or amusement tax payable. No greater charge shall be made for food or drink than that shown on such menu. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-38. Records to be kept. All licensees shall keep an accurate set of books showing the income and expenditures of or for such cabarets and for such entertainment activities engaged in, operated, conducted, carried on or maintained on the licensed premises; and such books shall be open to inspection by the director or any police officer of the city at all reasonable hours. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-39. Possession of premises. At all times, a licensee shall possess and maintain possession of the premises for which the license is issued, by ownership, lease, rental or other bona fide arrangement for possession of such premises. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-40. Interference with officers. No licensee or other person shall by force or threat of force, including any letter, telephone or other communication threatening such force, endeavor to intimidate, obstruct or impede the director or any inspectors or employees. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-41. Rules and regulations. The director may make such reasonable rules and regulations as may be necessary for the purpose of administering and enforcing the provisions of this article and any other ordinances or laws relating to and affecting the licensing and operation of cabarets as described herein. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-42. Computation of time. In computing any period of time prescribed by this article, the day of the act, event or default from which the designated period of time begins to run shall not be included. Saturdays, Sundays, and legal holidays shall be counted as any other day. (Ord. No. 82-88, § 1, 2-16-88) http://library3.municode.com/mcc/DoeView/l 0257/1/108/111/112 5/18/2006 DIVISION 1. GENERALLY Sees. 6-43--6-50. Reserved. Page 5 of 5 http://library3.municode.com/mcc/DocView/10257/1/108/111/112 5/18/2006 DIVISION 2. LICENSE* DIVISION 2. LICENSE* *Cross references: Licenses generally, Ch. 32. Sec. 6-51. Required. Page 1 of 7 (a) It shall be unlawful for any person to operate a cabaret without having first obtained a valid cabaret license as provided in this division; provided, however, that no license shall be required when entertainment is to be provided or offered: (1) In facilities rented or leased from the city for that purpose; or (2) By a person or organization licensed to sell alcoholic beverages under either a club license, as defined in the Colorado Liquor Code, or an arts license, as defined in the Colorado Liquor Code; or (3) By a person or organization holding a valid permit issued pursuant to section 6-64 of this article III; or (4) In an amusement park licensed as an eleventh class amusement pursuant to section 7-12 of article II of chapter 7 of this Code; or (5) In a facility with a seating capacity of at least twelve thousand (12,000) designed and used primarily for professional sporting events. This exclusion shall apply only to the portion of the facility representing the licensed premises as approved by the director of excise and licenses, as the term licensed premises is defined by the Colorado Liquor Code. (b) It shall be unlawful for any person to manage or work in an unlicensed cabaret. (c) It shall be unlawful for a licensee or the manager of a licensee to offer, provide or permit any entertainment other than that specifically authorized under the class of license issued. (d) A licensee is not required to obtain a license for a social room or after-hours restaurant under article IV of chapter 7 of this Code unless the licensee is operating a social room or after- hours restaurant separately from the liquor-licensed premises. (e) For any liquor licensed establishment providing entertainment to be exempt from the requirement for a cabaret license, pursuant to subparagraphs (a)(1) through (5) above, the operator must file, with the director, a written general description of how their employees and/or agents will prevent underage patrons from purchasing, possessing, consuming, or removing from the liquor licensed premise, any alcohol beverage originating from the premise. The written general description must be reviewed and approved bythe director, consistent with applications for underage patron licenses, pursuant to section 6-70(a)(3). (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 222-88, § 3, 4-11-88; Ord. No. 829-91, § 2, 11-12-91; Ord. No. 466-94, § 1, 5-16-94; Ord. No. 117-95, § 1, 2-21-95; Ord. No. 1111-01, § 7,12-17-01) Sec. 6-52. Application. (a) Application for a cabaret license shall be made to the director upon forms to be provided by http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 2 of 7 the director for that purpose, which forms shall contain the following information: (1) Name and address of the applicant and any manager of the establishment or business for which application is being made. In the event of a corporate applicant, the form shall also contain the names, addresses and dates of birth for all such corporate officers, directors and stockholders owning ten (10) percent or more of the corporation's stock; (2) Name and address of the establishment or business for which application is being made, and any trade names or assumed names being used for the establishment or business; (3) Class of license applied for; (4) Type of entertainment to be offered or provided; (5) Floor space and seating capacity of the establishment for which application is being made; the director may also require plans and specifications of the premises, as well as detailed sketches of the premises; (6) Information and documents (including copies of deeds, leases, contracts and other applicable documents) detailing applicant's right of possession to the premises for which application is made; (7) Information and documents detailing the applicant's legal status; (8) Information and documents detailing the financial circumstances of the premises and business for which application is made; (9) Such other information or evidence as reasonably may be required to establish to the satisfaction of the director that the character and reputation of the applicant and applicant's manager are such as to warrant the confidence of the director that the establishment or business will be lawfully operated, and that the health or welfare or morals of the neighborhood will not be adversely affected should the license issue; (10) Such other information and documents as may be reasonably required by the director, including fingerprinting. (b) The applicant shall provide to the director a department of zoning administration application for use permit, with the approval of the zoning administration shown thereon for the use of the building for the entertainment proposed to be offered or provided. (c) Any change of ownership shall require a new application and license, with payment of fees therefor, and approval of the director. However, when a license has been issued to a husband and wife, registered domestic partners, or to limited partners, the death of a spouse, registered domestic partner, or limited partner shall not require the surviving spouse, registered domestic partner, or limited partner to obtain a new license, and all rights and privileges granted under the original license shall continue in full force and effect as to such survivors until the expiration date specified on the license. For the purposes of this division, the transfer, sale or assignment of more than fifty (50) percent of the corporate stock of a corporate licensee shall be conclusively presumed to be a change of ownership. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 1111-01, § 8, 12-17-01) Sec. 6-53. Notice; posting; hearing. (a) Upon receipt of an application for a new cabaret license, the director shall schedule a public hearing upon the application not less than forty (40) days from the date of receipt of the application; and it shall be the duty of the director to designate the neighborhood being affected by such application. The designation of the geographical extent and boundaries of such http://Iibrary3.municode.com/mce/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 3 of 7 neighborhood shall be within the sole discretion of the director. (b) The director shall require public notice to be given of the application for a new license, by the posting of a notice of the public hearing, for a period of not less than thirty (30) consecutive days, in advance of the public hearing, in a conspicuous place on the premises whereon the cabaret is proposed to be operated, legible from the public street or public way (other than an alley) nearest to such premises. This public notice shall state the class of license applied for, the name and address of the applicant, the designated neighborhood, the type of entertainment for which application is being made or considered and the time and place of the public hearing on the application; provided that such posted notice of the public hearing shall be displayed on a sign or signs, in number, size and location as prescribed by the director. (c) At the time and place specified in the notice, or at such other time to which the hearing may be continued by the director, the director or any hearing officer shall receive petitions and hear such information and evidence as may be offered by the applicant and residents of the designated neighborhood (which term shall include residents of the neighborhood and all owners or managers of businesses located in the designated neighborhood), concerning the desires of the residents of the designated neigh borhood,the reasonable requirements of the designated neighborhood (including, but not limited to, the cabaret licenses already granted for establishments within the designated neighborhood), and the effect the issuance of the license would have on the health or welfare or morals of the designated neighborhood. The commander of the police district in which the premises are located, or his or her representative, shall also be entitled to testify to the effect of the issuance of the license would have on the healthor welfare or morals of the designated neighborhood. Admissibility of evidence, exhibits and petitions shall conform with the general rules of evidence. (d) The approval or denial of any application for a new license shall rest within the sound discretion of the director after evidence has been presented during such public hearing. In making the decision, the director shall consider all of the items shown above in subsection (c). (e) In addition to the restriction on applications for new licenses provided in section 32-29 of this Code, no application shall be received or acted upon for either a new license or for changing or modifying a presently licensed premises if, within two (2) years next preceding the date the application is tendered to the department of excise and licenses, the director denied an application for any class of cabaret at either: _ (1) The location or premises for which application is being made; or (2) Any location or premises which is part of, or contained in, the location or premises for which application is being made; or (3) Any location or premises which is part of, or contained in, any proposed expansion or enlargement of a presently licensed location or premises. (f) A hearing upon application for renewal or change of ownership of the licensed premises may be scheduled at the discretion of the director, either upon the director's own initiative or upon proper complaint to the director, and the procedure and requirements in this event shall be the same as shown in this division for a new license application. (g) In approving an application, the director may impose a restriction on the license hours for presentation of entertainment which is more stringent than those permitted in section 6-33, if the information or evidence available to and considered by the director reasonably establishes that such restriction is necessary to protect the health, welfare or morals of the designated neighborhood. (h) In approving an events center cabaret application, the director may impose restrictions on the license, including but not limited to requirements for security arrangements and admission controls and limitations on hours for presentation of entertainment, if the information or evidence available to and considered by the director reasonably establishes that such restrictions are necessary to prevent underage patrons from purchasing, possessing, consuming, or removing http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 4 of 7 alcohol beverages from the liquor licensed premises. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 222-88, § 4, 4-11-88; Ord. No. 476-88, § 3, 8-1-88; Ord. No. 500-01, § 17, 6-18-01; Ord. No. 1111-01, § 9, 12-17-01) Sec. 6-54. Fees. License and application fees under this division shall be as prescribed in section 32-47 of this Code. Persons or organizations operating under a special event permit as defined in the Colorado Liquor Code shall not be required to pay any special event cabaret permit fee. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 466-94, § 2, 5-16-94) Sec. 6-55. Causes for denial. (a) No cabaret license shall be issued when: (1) The applicant or manager of the establishment or business is a person who has not reached his or her twenty-first birthday; (2) The type of entertainment to be provided is not permitted at the location for which application is made by chapter 59; provided, however, that where the type of entertainment to be provided is permitted at the location by chapter 59, although other types of entertainment not so permitted may be offered or provided under the class of license for which application is made, a restricted license may be issued where all other conditions are satisfied, such restriction to be noted legibly on the license; (3) The information or evidence available to and considered by the director reasonably established: that the character or reputation of the applicant or manager of the establishment or business or the past record of operation of the establishment or business for which application is made is such so as not to warrant the confidence of the director that the establishment or business will be lawfully operated; or that the health or welfare or morals of the neighborhood would be adversely affected thereby; or thatthe applicant has failed to establish that the residents of the designated neighborhood desire the granting of the license and that the cabaret licenses of the same class in the designated neighborhood are inadequate to serve the needs of the designated neighborhood; (4) The applicant or manager of the establishment or business has been convicted of a felony, misdemeanor, or ordinance violation involving the use of or traffic in narcotic drugs, violent acts against persons or property, or sex offense, within five (5) years immediately preceding the date of application or request for renewal of license, subject to the provisions of subsection (b); (5) The applicant or manager of the establishment or business has been convicted of an unlawful act while under the influence of alcohol or any narcotic drug, stimulant, or depressant, two (2) or more times within five (5) years immediately preceding the date of application or of request for renewal of license, subject to the provisions of subsection (b); (6) The premises for which application has been made or for which renewal of a license is sought are not approved for the purpose by environmental health, public works, and fire department of the city; or (7) The information or evidence available to and considered by the director fails reasonably to establish that proposed procedures for security, admission and crowd control will prevent the sale, of alcohol beverages to underage patrons. http://Iibrary3.municode.com/mee/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 5 of 7 (b) In making a determination as to moral character, or when considering the conviction of a crime, the director shall be governed by the provisions of C.R.S. section 24-5-101, as amended, pertaining to the effect of criminal convictions on employment rights. (Ord. No. 82-88, § 1, 2-16-88; Ord. No. 476-88, § 4, 8-1-88; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 1111-01, § 10, 12-17-01) Sec. 6-56. Inspection of premises prerequisite to issuance. (a) Before issuing any license for which application has been made, the director or one (1) of the director's inspectors shall visit and inspect the premises where the applicant proposes to operate, or where a licensee is operating. (b) Every cabaret licensee and any manager, agent or employee shall permit inspection of the premises at all reasonable times by either any police officer or fireman of the city, or any representative of the director, and such officers or representatives shall have the authority to enter the premises at all reasonable times with or without a search warrant. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-57. Separate licenses required. Each license issued under this division is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that held. A separate license shall be required for each specific business or business entity, and for each location or premises. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-58. Change in class. An application for a change in class of license from that presently held by a licensee shall be considered as an application for a new license for all purposes. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-59. Change of trade name. No licensee shall change the name or trade name of the licensed premises without first obtaining permission of the director. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-60. Expansion, enlargement or modification of licensed premises. (a) No licensed premises shall be expanded, enlarged or modified without the written approval of-the director. Forms for this purpose will be furnished upon request by the department of excise and licenses. (b) The director shall require a new and approved department of zoning use permit, and may also require plans, specifications and detailed sketches for the entire premises which licensee proposes to expand, enlarge or modify. If, after reviewing the application, plans and specifications and sketches, the director finds that the proposed change materially or http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 6 of 7 substantially alters the licensed premises or the usage of the licensed premises, the director shall require public posting and public hearing, with the procedure, requirements and costs to be the same as shown hereinabove for a new license application in this division. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-61. Revocation or suspension; notice of hearing. (a) In addition to the grounds shown in chapter 32 of this Code for revocation or suspension of a license, the director may revoke or suspend a cabaret license if he finds that: (1) The nature of the licensed premises or of the business conducted therein encourages a disturbance of the peace; or (2) The conduct of persons in or about the licensed premises is such as to annoy or disturb the peace of the residents in the vicinity, or of the passersby on any public sidewalk, street, highway or any other public right-of-way. (b) Every licensee whose license has been suspended by the director shall post two (2) notices in conspicuous places, one (1) on the exterior and one (1) on the interior of the premises, for the duration of the suspension. The notices shall be two (2) feet in length and fourteen (14) inches in width, and shall be in the following form: NOTICE OF SUSPENSION THE CABARET LICENSE ISSUED For These Premises Has Been Suspended by Order of the DIRECTOR OF EXCISE AND LICENSES OF THE CITY AND COUNTY OF DENVER For Violation of the REVISED MUNICIPAL CODE OF THE CITY AND COUNTY OF DENVER. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-62. Hearing officer. Any hearing officer appointed by the director shall be authorized to conduct any hearing held pursuant to this division, and shall file with the director any recommended findings, conclusions and decisions pursuant to section A9.10-1 of the Charter of the city. (Ord. No. 82-88, § 1, 2-16-88) Sec. 6-63. Written decisions. Any decision of the director regarding the approval, denial, suspension or revocation of a license shall be in writing, stating the reasons therefor; and a copy of such decision shall be mailed by regular mail to the applicant's or licensee's last-known address. (Ord. No. 82-88, § 1, 2-16-88) http://Iibrary3.municode.com/mce/DocView/10257/1/108/111/113 5/18/2006 DIVISION 2. LICENSE* Page 7 of 7 Sec. 6-64. Special events cabaret permit. (a) The director is authorized to issue a special events cabaret permit to any person or organization licensed to sell alcoholic beverages or 3.2 percent beer for consumption on the premises for the purpose of allowing entertainment, other than adult entertainment, for any event held on a limited or one-time basis. (1) The permit shall be issued for a specific time and location and is not valid for any other time or location. (2) A special event cabaret permit may not be issued to any applicant for more than ten (10) days in one (1) calendar year. (b) Application for a special events cabaret permit shall be made to the director not less than four (4) days prior to the date of the event, upon forms to be provided by the director for that purpose, which forms shall require information in accordance with the provisions of section 6-52 (a) of this article Ill. (c) Each applicant for a special event cabaret permit shall submit proof of right to possession of the property where the event will occur, by way of deed, lease, lease assignment, or other written agreement that specifically identifies the dates and times for the special event. (d) The director shall investigate each special events cabaret permit application and either approve or deny such application in accordance with the provisions of section 6-55 of this article, excluding section 6-55(a)(6), within four (4) days of the filing of the completed application and appropriate permit fee. Prior approval of the environmental health, public works and fire departments of the city shall not be required for the issuance of a special events cabaret permit; however, it shall be unlawful for any permit holder to allow any violation of the health, fire or building codes of the city on the premises. (Ord. No. 829-91, § 1, 11-12-91; Ord. No. 770-95, 1, 2, 9-25-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 910-98, § 1, 12-21-98; Ord. No. 394-02, § 1, 5-20-02) Editor's note: Ord. No. 829-91, § 1, adopted Nov. 12, 1991, repealed former § 6-64, which pertained to existing licenses and derived from Ord. No. 82-88, § 2, adopted Feb. 16, 1982, and enacted new provisions in lieu thereof as § 6-64. Secs. 6-65-6-69. Reserved. http://library3.municode.com/mcc/DocView/10257/l/108/111/113 5/18/2006 DIVISION 3. UNDERAGE PATRONS LICENSE Page 1 of 5 DIVISION 3. UNDERAGE PATRONS LICENSE Sec. 6-70. Application. (a) Requirements. Application for an underage patrons license may be made by any standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret licensee, or any applicant for a standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret license, by submitting an application on forms provided by the director, paying the application and annual license fees, and establishing that the applicant has: (1) A record of management of a liquor licensed premises in compliance with the Colorado Liquor Code and/or the Denver Cabaret Code, or sufficient education, training, and/or experience in the liquor service industry, so as to establish competence, to the satisfaction of the director, in managing a liquor licensed premises in compliance with the Colorado Liquor Code and chapter 6 of this Code; and (2) Physical facilities in compliance with all municipal ordinances and codes, including but not limited to the Denver Zoning Code, Denver Building Code, Denver Fire Code, and the rules and regulations of the Denver board of environmental health, in all proposed alternative configurations of assembly areas; and (3) A written general description of how the applicant's employees and/or agents would prevent underage patrons from purchasing, possessing, consuming, and/or removing from the licensed premises, any alcohol beverage originating from the licensed premises, should the application be approved. (b) Presumption of competence. For purposes of subsection (a)(1) above, an applicant shall be presumed to be qualified for the issuance of an underage patrons license, where: (1) Applicant has possessed a valid standard cabaret, dance cabaret, special dance cabaret, acoustic cabaret, or events center cabaret class license for the premises, which are the subject of the application, for at least two (2) years prior to the enactment of this section; and (2) For two (2) years prior to the date of application, no illegal sale, service, distribution, purchase, or delivery of an alcohol beverage to or by any person under the age of twenty-one (21), in violation of Colorado Revised Statutes sections 12-47-901(1)(a) or (5), or 18-13-122, has occurred on the subject premises; and (3) The Denver public nuisance abatement coordinator has not issued a public nuisance abatement plan, pursuant to section 2-317(a), during the past two (2) years, due to allegations of public nuisance offenses, as defined in section 37-50(c)(1) through (7), and (9) through (15), occurring on the real property which is the subject of the application. (c) Required evidence of competence. Any applicant who does not meet the requirements of subsection (b) above must be individually reviewed by the director, for purposes of determining their qualifications under subsection (a)(1) above, and must submit the following additional information to the director with their application: (1) A detailed written operations plan, precisely describing how the applicant's employees and/or agents would prevent underage patrons from purchasing, possessing, consuming, and/or removing from the licensed premises, any alcohol beverage originating from the licensed premises, should the application be approved, and http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/114 5/18/2006 DIVISION 3. UNDERAGE PATRONS LICENSE Page 2 of 5 providing evidence of their possessing sufficient personnel, training, and equipment resources to carry out the operations plan; and (2) The applicant's employee training manual and/or employee policy and procedures manual, describing the various employee assignments, duties, and responsibilities in the areas of guest relations, alcohol sales and service, and the prevention of underage patrons from purchasing, possessing, consuming, or removing from the licensed premises, any alcohol beverage originating from the licensed premises, considering the applicant's detailed written operations plan filed pursuant to subsection 6-70(c)(1); and (3) Proof of the prior approval, by the building inspection division of the Denver community planning and development agency and the Denver fire department, of a submitted diagram clearly depicting the extent and details of the physical layout of the proposed licensed premises and the configuration of assembly areas during any and all operations, with or without underage patrons, as indicated in the applicant's detailed written operations plan, for purposes of the proper review of all safety related issues, including, but not limited to, appropriate emergency exits, emergency lighting, and changes upon occupancy loads during the proposed cabaret operations. (d) Split-premises operations. For purposes of subsection (c) above, the following factors shall be considered: (1) For purposes of subsection (c)(1) above, an applicant's detailed written operations plan will be presumed to be adequate and acceptable where the plan commits to a permanent split-premises style of operation, where alcohol beverages are sold, possessed, or consumed only in designated permanent rooms, approved with assigned occupancy loads by the building inspection division of the community planning and development agency, that are separate from areas of non-alcohol beverage service and inaccessible by underage patrons. Acceptable plans may also use structural design separation, such as balconies, as long as it does not allow any alcohol beverage to be passed from the alcohol beverage service area to the non-alcohol beverage service area. (2) In order to assure the protection of the health, safety, and welfare of the public, all applicants submitting a detailed written operations plan for temporary split-premises, planning for changeable configurations of assembly areas through the use of temporary barriers, will be required to have their detailed written operations plan and each proposed configuration of assembly areas individually reviewed and approved by the director, the building inspection division of the Denver community planning and development agency, and the Denver fire department. (3) Any applicant who meets the requirements of subsection (b) of this section will not automatically be required to submit to a public hearing, as required under section 6-60, solely due to the use of temporary barriers in a temporary split-premises operation. (Ord. No. 1111-01, § 11, 12-17-01) Sec. 6-71. Notification, preliminary review and hearings. (a) Upon application for a new underage patrons license, in accordance with section 12-96 of this Code, registered neighborhood associations and city council shall be sent the following: (1) A copy of the applicant's written general description of how the applicant's employees and/or agents would prevent underage patrons from purchasing, possessing, consuming, and/or removing from the licensed premises, any alcohol beverage originating from the licensed premises, as required under section 6-70(a)(3); (2) A description of the requirements for issuance of the license; and http://library3.municode.com/mcc/DoeView/10257/1/108/111/114 5/18/2006 DIVISION 3. UNDERAGE PATRONS LICENSE Page 3 of 5 (3) Notice that all other contents of the application will be available for public review at the department. (b) The director shall make a preliminary review determination and may either approve the application, deny the application, or schedule an evidentiary hearing upon the director's own initiative. The director shall furnish the applicant a copy of the order of denial and the reasons supporting the denial in the event that the application is denied. (c) Only an applicant whose application has been denied without a prior evidentiary hearing shall be entitled to a hearing on the director's preliminary order of denial, where the applicant files a written request with the director within twenty (20) days of the issuance of the denial order. (Ord. No. 1111-01, § 11, 12-17-01) Sec. 6-72. Causes for denial. (a) The director may deny an application for an underage cabaret license, where the applicant fails to prove by a preponderance of the evidence, their competence or capacity to prevent patrons under twenty-one (21) years of age from purchasing, possessing, consuming, or removing from the licensed premises, any alcohol beverage originating from the licensed premises. The director shall consider, among other things, the following factors: (1) The clarity and reasonableness of the applicant's written operational plan; (2) The size of the proposed permitted premises and the legally authorized occupancy loads for the individual areas within the premises; (3) The accuracy and reliability of any and all methods proposed for the initial determination of the true and accurate age of all patrons prior to their entry into the alcohol beverage service areas, considering all possible countermeasures to defeat each method; (4) The ease and reliability of any and all methods proposed for the continuous visible identification of underage patrons after entry into the alcohol beverage service area, considering all possible countermeasures to defeat each method; (5) The sufficiency of any permanent or temporary physical barriers proposed to be utilized in the separation of underage patrons from all areas where alcohol beverages are sold, possessed, or consumed; (6) The sufficiency of the number of proposed on-duty employees and/or agents, their assigned duty locations, and contingency plans for understaffed situations; (7) The sufficiency of training given, or proposed to be given, to the applicant's employees and/or agents; and (8) Any other factor reasonably related to preventing underage patrons from purchasing, possessing, consuming, and/or removing from the licensed premises, any alcohol beverage originating from the licensed premises. (Ord. No. 1111-01, § 11, 12-17-01) Sec. 6-73. Suspension or revocation. In addition to any other penalties prescribed by the Revised Municipal Code, the director may, on his or her own motion or on complaint, and after investigation and a show-cause hearing at which the licensee shall be afforded an opportunity to be heard, suspend or revoke any underage patrons http://Iibrary3.municode.com/mee/DocView/10257/1/108/111/114 5/18/2006 DIVISION 3. UNDERAGE PATRONS LICENSE Page 4 of 5 license previously issued under this division. The length of any period of suspension or revocation shall be determined by the director in his or her discretion, based upon the nature and circumstances of the offense, the licensee's record, whether the violation presents a threat to public health, safety or welfare, the duration of the violation, and any other mitigating or aggravating circumstances present. In addition to the reasons cited in chapter 32 of this Code, the director may take such disciplinary action for any of the following conditions: (1) The licensee, or any employee and/or agent of the licensee, either knowingly or negligently allowed any person under twenty-one (21) years of age to purchase, possess, or consume, while on the licensed premises, or remove from the licensed premises, any alcohol beverage that clearly originated from the licensed premises. (2) The licensee's cabaret license was suspended or revoked. (3) The licensee's liquor license was suspended or revoked. (4) The licensee fails to comply with their detailed written operational plans as filed and approved by the director, including, but not limited to, strict compliance with the authorized occupancy loads and pre-approved configuration of assembly areas, or pre- approved alternative configurations, as authorized and approved by the building inspection division of the Denver community planning and development agency and the Denver fire department, and/or fails to have the occupancy load capacity conspicuously posted in each room. (Ord. No. 1111-01, § 11, 12-17-01) Sec. 6-74. Changes in ownership. Any change of ownership shall require a new application and license, with payment of fees therefor, and approval of the director. However, when a license has been issued to a husband and wife, registered domestic partners, or to limited partners, the death of a spouse, registered domestic partner, or limited partner shall not require the surviving spouse, registered domestic partner, or limited partner to obtain a new license, and all rights and privileges granted under the original license shall continue in full force and effect as to such survivors until the expiration date specified on the license. For the purposes of this division, the transfer, sale or assignment of more than fifty (50) percent of the corporate stock of a corporate licensee shall be conclusively presumed to be a change of ownership. (Ord. No. 1111-01, § 11, 12-17-01) Sec. 6-75. Violations. (a) It shall be unlawful for any patron inside an underage patron licensed premise, while alcohol beverages are being sold, possessed, or consumed, and patron dancing is being allowed or entertainment after 10:30 p.m. is provided, to fail to possess and display upon demand, by any employee and/or agent of the licensee or law enforcement official, an official photo-identification document, of the type listed in Regulation 47-912 of the Colorado Code of Regulations relating to alcohol beverages, as proof of theirtrue age. (b) It shall be unlawful for any underage patrons licensee, while operating under an approved split-premises operation plan, to knowingly allow or negligently permit any alcohol beverage to leave the alcohol beverage service area into any area where underage patrons are intentionally or knowingly allowed to be present, including, but not limited to, bathrooms, entrance areas, and/or food service areas. (Ord. No. 1111-01, § 11, 12-17-01) http://Iibrary3.municode.com/mcc/DoeView/10257/1/108/111/114 5/18/2006 DIVISION 3. UNDERAGE PATRONS LICENSE Page 5 of 5 Sec. 6-76. Reports to city council. The director of excise and licenses shall report in writing to the council by April 15, 2003 on the operation of the underage patrons license program for cabarets for the period from January 1, 2002 to March 31, 2003. Thereafter, the director shall report in writing to the council by April 15 of each year on the operation of the underage patrons license program during the prior calendar year. The report shall include information on violations that were found by the director to have occurred and the actionsthe agency took to address them. (Ord. No. 1111-01, § 11, 12-17-01) Secs. 6-77--6-90. Reserved. http://Iibrary3.municode.com/mcc/DocView/10257/1/108/111/114 5/18/2006 ARTICLE III. DANCE HALLS Pagel of 3 ARTICLE III. DANCE HALLS DIVISION 1. GENERALLY Sec. 7-51. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: (1) Public dance or a public ball shall be taken to mean any dance where admission can be had by the public generally with or without the payment of a fee, with or without the purchase, possession or presentation of a ticket or token, and any other dance operated by club membership, season ticket, invitation, or other system open or offered to the public generally. \ (2) Public dance hall shall be taken to mean any premises open to public dancing for G~~~~0 5 gain or to which the public is admitted upon payment of an admission fee, membership fee, or for a charge of any kind, and description, or any hall or academy in which classes in dancing are held and instructions in dancing given for pay, but shall not include any place where instruction in art or esthetic dancing is taught and where only a tuition for pupil is charged or shall not include any establishment licensed for the sale of malt, vinousor spirituous liquor or fermented malt beverages. (Code 1950, § 912.1) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 7-52. Care of premises. All public dance halls shall be kept at all times in a clean, healthful, and sanitary condition, and all stairways and other passages and all rooms connected with a dance hall shall be kept open and well lighted. (Code 1950, § 912.6) Sec. 7-53. Hours of closing. (a) All public dances or balls shall be discontinued and closed at or before the hour of 2:00 a.m. and all public dance halls shall be discontinued and closed at or before the hour of 5:00 a.m.; provided, however, that nothing herein shall be construed to affect the curfew provisions of this Code relative to minors. (b) If any hotel where fifty (50) or more rooms are kept for rent and where a bona fide restaurant is operated in connection therewith, or a bona fide restaurant with a seating capacity of one hundred (100) guests or more, makes proof of such fact to the director of excise and licenses by affidavit together with the signed written consent of eighty (80) percent of the .owners of property, or the authorized agents thereof, within a distance of four hundred (400) feet from such hotel or restaurant, the director may permit the public dances conducted therein to continue until the hour of 3:00 a.m. http://Iibrary3.municode.com/mce/DocView/10257/l/120/125/126 5/18/2006 ARTICLE III. DANCE HALLS Page 2 of 3 (Code 1950, § 912.7; Ord. No. 500-01, § 4, 6-18-01) Sec. 7-54. Attendance. (a) It shall be unlawful for any person to misrepresent his or her age in order to obtain admission to a public dance hall or public dance or in order to be permitted to remain therein. (b) It shall be unlawful for any person to represent himself, or herself, to be a parent, natural guardian, or guardian designated by the parent of any person, in order that such person may obtain admission to a public dance hall or public dance, or may be permitted to remain therein, when the party making the representation is not, in fact, either a parent, or natural guardian or guardian designated by the parent of the other person. (Code 1950, § 912.8; Ord. No. 251-86, § 1, 4-28-86; Ord. No. 500-01, § 5, 6-18-01) Sec. 7-55. Registered manager--Present during public dance. (a) The licensee shall file with the director a written designation of a person over the age of twenty-one (21) who shall serve as the licensee's registered manager. (b) The licensee's registered manager shall be physically present at the dance hall or the premises on which the public dance is held at all times that the dance hall or public dance is open to public entry or use. (Code 1950, § 912.6; Ord. No. 500-01, § 6, 6-18-01) Sec. 7-56. Exception for private dances, etc. The provisions of this article shall in no way interfere with private parties given in public or parochial schools or at homes of people or with dances given by societies or corporations where the attendance is restricted to the members of the society and their friends, or of the club or corporation and not continued for a consecutive number of days or nights. (Code 1950, § 912.14) Sec. 7-57. Rules and regulations. The director may make and promulgate rules and regulations for the administration of this article and further regulating the conduct of public dance halls and public dances consistent with the provisions of this article. (Ord. No. 500-01, § 7, 6-18-01) Sec. 7-58. Conditions on license. The director may impose reasonable terms, requirements, conditions, or limitations on any license or permit issued under this article necessary to protect public health, safety or welfare. (Ord. No. 500-01, § 7, 6-18-01) http://library3.municode.com/mcc/DoeView/10257/l/120/125/126 5/18/2006 ARTICLE III. DANCE HALLS Page 3 of 3 Sec. 7-59 Inspection of premises. The premises of any public dance hall or public dance shall be open for inspection by any city employee at any time that the premises are open to public entry or use. (Ord. No. 500-01, § 7,6-18-01) Secs. 7-60--7-70. Reserved. http://library3.municode.com/mcc/DocView/10257/1/120/125/126 5/18/2006 DIVISION 2. LICENSE OR PERMIT* DIVISION 2. LICENSE OR PERMIT* *Cross references: Licenses generally, Ch. 32. Sec. 7-71. Required. Page 1 of 4 (a) It shall be unlawful for any person to maintain any premise for use by the public for dancing on one (1) or more days per week without obtaining a license therefor pursuant to this division. (b) It shall be unlawful for any person or persons acting as a group or unit to hold or conduct a public dance or ball without first obtaining a permit therefor from the director of excise and licenses as hereinafter provided, where such public dance or ball is being held on premises not licensed as a public dance hall. (Code 1950, § 912.2) Sec. 7-72. Application. Applications for public dance hall licenses and permits to hold or conduct a public dance or ball shall be made to the director of excise and licenses upon forms to be provided. (Code 1950, § 912.3) Sec. 7-72.5. Notice; posting; hearing. (a) Upon receipt of an application for a new license under this article, the director shall schedule a public hearing upon the application not less than forty (40) days from the date of receipt of the application; and it shall be the duty of the director to designate the neighborhood being affected by such application. The designation of the geographical extent and boundaries of such neighborhood shall be within the sole discretion of the director. This section shall apply only to applications for new licensesand shall not apply to applications for a permit to conduct a single public dance or public ball. (b) The director shall require public notice to be given of the application for a new license, by the posting of a notice of the public hearing, for a period of not less than ten (10) consecutive days, with the first posting to be not less than thirty (30) days in advance of the public hearing, in a conspicuous place on the premises whereon the establishment is proposed to be operated, legible from the public street or public way (other than an alley) nearest to such premises. This public notice shall state thetype and class of license applied for, the name and address of the applicant, the designated neighborhood, a brief description of the type of activities for which application is being made or considered and the time when and place where a public hearing will be held on the application; provided that, such posted notice of the public hearing shall be displayed on a sign or signs, in number, size and location as prescribed by the director. (c) At the time and place specified in the notice, or at such other time to which the hearing may be continued, the director or any hearing officer shall receive petitions and hear such information and evidence as may be offered by the applicant and residents of the designated neighborhood (which term shall include residents of the neighborhood and all owners or http://library3.municode.com/mcc/DoeView/10257/1/120/125/127 5/18/2006 DIVISION 2. LICENSE OR PERMIT* Page 2 of 4 managers of trading or commercial businesses located in the designated neighborhood, and the commander of the police district in which the designated neighborhood is located, or his or her representative) concerning the desires of the residents of the designated neighborhood, the reasonable requirements of the designated neighborhood (including, but not limited to, the cabaret license already granted for establishments within the designated neighborhood), and the effect the issuance of the license would have on either the health or welfare or morals of the designated neighborhood. Admissibility of evidence, exhibits and petitions shall conform with the general rules of evidence. (d) The approval or denial of any application for a new license shall rest within the sound discretion of the director after evidence has been presented during such public hearing. In making the decision, the director shall consider all of the items shown above in subsection (c) as well as all other requirements of this article. (e) No application shall be received or acted upon for either a new license or for changing or modifying a presently licensed premises if, within two (2) years next preceding the date the application is tendered to the department of excise and licenses, the director denied an application (including an application for renewal) for any class of cabaret license or any class of license issued under this article at either; (1) The location or premises for which application is being made; or (2) Any location or premises which is part of, or contained in, the location or premises for which application is being made; or (f) A hearing upon application for renewal or change of ownership of the licensed premises may be scheduled at the discretion of the director, either upon the director's own initiative or upon proper complaint to the director, and the procedure, costs and requirements in this event shall be the same as shown in this division for a new license application. (Ord. No. 251-86, § 1, 4-28-86; Ord. No. 500-01, § 8, 6-18-01) Sec. 7-73. Causes for denial. No dance hall license or permit to conduct a public dance or ball will be issued when: (1) The applicant, any of the officers of a corporate applicant, or the business manager are under the age of twenty-one (21) years; (2) The applicant or any of the officers of a corporate applicant or the manager of the business have been convicted of any crime or ordinance violation involving use of or traffic in narcotic drugs, violent acts against persons or property, or sex offense within ten (10) years preceding the date of application; (3) Dancing is not permitted at the location for which application is made by chapter 59 relating to zoning; (4) The premises do not comply with and conform to all ordinances or regulations relating to requirements of the public works, fire, and environmental health departments; (5) The premises for which application has been made are licensed under the cabaret ordinance or where malt, vinous or spirituous liquor or fermented malt beverages are sold for consumption on the premises sought to be licensed. (6) The applicant makes any false or misleading statement of material fact on the application; (7) The applicant, or any person holding a 10% or more interest in the applicant entity, has violated any state law or city ordinance in connection with any public dance hall or public dance within three years preceding the application; http://Iibrary3.municode.com/mcc/DocView/10257/1/120/125/127 5/18/2006 , DIVISION 2. LICENSE OR PERMIT* Page 3 of 4 (8) The applicant, or any person holding a ten (10) percent or more interest in the applicant entity, has committed or permitted any act in connection with any public dance hall or public dance which is cause for suspension or revocation under section 7-76 or section 32-22 within three (3) years preceding the application. (Code 1950, § 912.4; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 500-01, § 9, 6-18-01) Sec. 7-74. Issuance. After finding that the applicant meets the requirements set forth in section 7-73 and that the premises are a safe and proper place for the intended purpose, the director of excise and licenses shall issue the dance hall license or permit to conduct a public dance or ball. (Code 1950, § 912.5) Sec. 7-75. Fees. The application and license fees under this division are prescribed in section 32-67. (Code 1950, 912.3, 912.5) Sec. 7-76. Suspension or revocation of public dance hall license or public dance permit. (a) After notice and an administrative hearing at which the city submits proof by a preponderance of the evidence, or upon stipulation of the parties, or upon failure of the licensee to appear at such a hearing after notice has been given, the director may suspend or revoke the dance hall license or public dance permit of any person or entity who: (1) Makes any false or misleading statement of material fact on his or her application for a license or to any city employee enforcing this article or investigating whether a violation has occurred under this article; (2) Violates any state law or city ordinance on the premises of the dance hall or public dance or on any sidewalk, street, parking area or other grounds immediately adjacent to the public dance premises; (3) Knowingly, intentionally, or negligently permits any person to violate any state law or city ordinance on the premises of the dance hall or public dance or on any sidewalk, street, parking area or other grounds immediately adjacent to the public dance premises; (4) Fails to maintain the dance hall or the premises on which the public dance is held in compliance with the requirements of the fire department, public works department, building department, zoning department, and environmental health department; (5) Violates any rule or regulation promulgated by the director under this article; (6) Violates any term, condition or limitation on his or her license or permits any person in his employment to do the same; (7) The licensee or permittee and his employees engage in or permit any conduct that is offensive to the senses of the average citizen on the premises of the dance hall or public dance or on any sidewalk, street, parking area or other grounds immediately adjacent to the dance hall or the premises of the public dance; or (8) Commits any act or omission or meets any condition which is cause for suspension or revocation under section 32-22; http://Iibrary3.municode.com/mcc/DocView/10257/1/120/125/127 5/18/2006 DIVISION 2. LICENSE OR PERMIT* (Code 1950, § 912.11; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 500-01, § 10, 6-18-01) Sees. 7-77--7-90. Reserved. Page 4 of 4 http://Iibrary3.municode.com/mcc/DoeView/10257/1/120/125/127 5/18/2006