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HomeMy WebLinkAboutOrdinance-1999-1156 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 7 Ordinance No. 1156 Series of 1999 TITLE. AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON NEW OR EXPANDED ADULT ENTERTAINMENT FACILITIES AND SEXUAllY ORIENTED BUSINESSES WITHIN THE CITY AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality duly and regularly organized and existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado, and Section 1.3 of the Home Rule Charter for the City confers all home rule powers to the City; and WHEREAS, the City may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of power granted to home rule municipalities by the Constitution of the State of Colorado; and WHEREAS, the City has initiated a process to revise and update the provisions of the Wheat Ridge Code of laws (the "Code") regarding adult entertainment facilities and sexually oriented businesses; WHEREAS, the revised Code will concern adult entertainment facilities and sexually oriented businesses; and regulation of these businesses furthers substantial governmental interests and is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred including prostitution, narcotic and liquor law violations, crimes against persons and crimes against property; and WHEREAS, unhealthful sexual nature; and these businesses are frequently used for unlawful and activities including prostitution and sexual liaisons of a casual WHEREAS, the concern over sexually transmitted diseases including AIDS is a legitimate health concern of the City which demands reasonable regulation of these businesses in order to protect the health and well being of persons patronizing these businesses; and KLE\53027\312500 01 WHEREAS, these businesses have a harmful effect on both neighboring businesses and surrounding areas causing an increase in crime and a decrease In property values; and WHEREAS, it is recognized that these businesses have serious objectionable characteristics, which, if not properly regulated, contribute to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control the adverse effects of sexually oriented businesses and thereby protect the health, safety and welfare of the citizens; preserve the quality of life, preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect the citizens from increased crime, while at the same time protecting the lawful rights of such businesses; and WHEREAS, the City Council is concerned that individuals may accelerate plans for, expand, or request building permits for such businesses in reaction to this revision process; and WHEREAS, the City Council finds that acceptance and processing of applications for zoning or development approval and for building permits for adult entertainment facilities and sexually oriented businesses prior to the completion of the consideration of the revisions to the Code will not promote coordinated, innovative, high-quality planning or produce a well-balanced community and other elements directly related to the quality of life for existing and future residents in the City; and WHEREAS, the City Council finds that a delay in the acceptance and processing of such applications for a period of time not to exceed July 15, 1999, is necessary and in the best interest of the City in order for the City to complete its review of the revision of the Code concerned with adult entertainment facilities and sexually oriented businesses; and WHEREAS, this temporary moratorium is necessary in order to permit consideration by the City Council of such revisions as described above; and WHEREAS, zoning and development approvals and issuance of building permits for adult entertainment facilities and sexually oriented businesses prior to the consideration by the Council of the revisions to the Code, would defeat the efforts of the City to protect the public, promote comprehensive planning, and to protect existing neighborhood integrity; KLE\53027\312500,01 -2- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOllOWS: Section 1. Moratorium Declared. The City Council hereby declares and imposes a moratorium upon the acceptance and processing of applications for, and the issuance of, building permits and/or zoning or development approvals for the construction or operation of adult entertainment facilities and sexually oriented businesses (including the following businesses, which for the purposes of this Ordinance are more fully defined on Exhibit A attached hereto: adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult entertainment facilities, adult motels, adult motion picture theatres, nude model studios, and sexual encounter centers, whether or not alcoholic beverages are offered for sale in connection with such businesses), said moratorium to terminate on July 15, 1999, unless terminated earlier by the City Council. Nothing contained in this Ordinance is to be construed to limit or preclude the City Council from termination, repeal, amendment, or modification of this Ordinance prior to July 15, 1999. Section 2. Vested Riahts. Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to complete construction where construction was commenced or authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance. Section 3. Emeraencv Declared. Pursuant to Charter Section 5.13, the City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge and that this Ordinance is necessary for the immediate preservation of public peace, health and safety. Specifically, the immediate effectiveness of this Ordinance is necessary to permit the City to review and revise its regulations concerning sexually oriented businesses and adult entertainment facilities in an environment free from pending applications, and for the reasons set forth herein. Section 4. Severabilitv. If any sentence, subsection, or clause of this Ordinance be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date Pursuant to Charter Section 5.13, this Ordinance shall take effect immediately upon adoption. KLE\53027\312500,Ol -3- INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 8 to 0 on this 12TH day of April, 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this 13th day of April, 1999. / ~ ~ : I I i~E~~~~~Ac'ERVE~'Y': 'M~~~~~, ATTEST: Approved As To Form LZ First Publication: April 16. 1999 Wheat Ridge Transcript KLE\53027\312500 01 -4- - EXHIBIT A TO MORATORIUM ORDINANCE "Adult arcade" means any commercial establishment or private club where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at anyone time, are used to regularly show films, motion pictures, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which devotes a significant or substantial portion of its business to anyone (1) or more of the following: A. The sale, rental or viewing, for any form of consideration, of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas; B Instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specified sexual activities; C. A significant or substantial portion of its business is shown by characteristics including, but not limited to, some or all of the following: 1 . A significant or substantial portion of its stock in trade consists of the items listed in A. and/or B. above; or 2. A significant or substantial portion of its revenues is derived from the rental or sale of items listed in A. and/or B above; or 3. A significant or substantial portion of its floor space, shelf space or storage space is devoted to the items listed in A. and/or B. above; or 4 A significant or substantial portion of its advertising is devoted to the items listed in A. and/or B. above. "Adult cabaret" means a nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment or private club which regularly features or presents live adult entertainment. "Adult motel" means a hotel, motel or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are KLE\53027\312500 01 characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction; or B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours. "Adult motion picture theater" means any commercial establishment or private club, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials are regularly shown characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas. Any establishment meeting the definition of an adult arcade is not an adult motion picture theater. "Nude model studio" means any place where a person who appears semi- nude, in a state of nudity, or who displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Nude Model Studio shall not include a proprietary school licensed by the State of Colorado or a college, junior college or university supported entirely or in part by public taxation, a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a business in a structure: A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and B. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and C. Where no more than one (1) nude or semi-nude model is on the premises at anyone time. The following definitions shall apply to the terms used in the definitions listed above: "Adult business" means an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, nude modeling studio, adult motel, adult motion picture theater, or sexual encounter center. "Adult entertainment" means any exhibition, display, or dance which involves the exposure to view of specified anatomical areas. "Entertainer" means a person who performs, dances, or otherwise entertains while nude or semi-nude in an adult business regardless of whether or not said person is paid a salary, wage, or other compensation for said performance KLE\53027\312500 01 -6- "Nudity" or a "state of nudity" means the display of specified anatomical areas. "Performance" means a play, motion picture, dance, or other exhibition performed before an audience. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, or any portion of the female breast below the top of the areola, as well as portions of the body covered by supporting straps or devices. "Sexual encounter center" means a business or commercial establishment or private club that regularly offers, for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort when one (1) or more of the persons is in a state of nudity or semi-nude. This definition does not apply to any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices. "Specified anatomical areas" means and includes any of the following: A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified criminal act" means any offense which is included in the definition of "unlawful sexual behavior" under Section 18-3-412.5, C.R.S., Sex Offenders- Duty to Register-Penalties, or any offense committed in another state that, if committed in the State of Colorado, would constitute an offense involving unlawful sexual behavior, or any offense that has a factual basis of one (1) of the offenses specified in the definition of "unlawful sexual behavior." Specified criminal act also includes any offense involving soliciting for prostitution, prostitution, patronizing a prostitute, pandering, pimping, public indecency, or the distribution or possession of obscene materials. "Specified sexual activities" means and includes any of the following: A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; C. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, or abuse. D. Human genitals in a state of sexual stimulation, arousal, or tumescence; or E. Excretory functions as part of or in connection with any of the activities set forth in Subsections A. through D. of this definition. KLE\53027\312500.01 -7-