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HomeMy WebLinkAboutOrdinance-2003-1300 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No 25-2003 Ordinance No _1800 _ Series of 2003 TITLE, AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE LICENSING OF SEXUALL Y- ORIENTED BUSINESSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to section 1 3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, and WHEREAS, pursuant to its home rule power, the City has the authority to regulate businesses within the City, including sexually-oriented business, and WHEREAS, the City has previously adopted regulations concerning sexually- oriented businesses as Chapter 3 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"), which regulations require that all such businesses obtain a sexually- oriented business license from the City; and WHEREAS, Chapter 3 of the Code of Laws requires all applicants for a sexually- oriented business license to be fingerprinted, photographed and investigated by the Wheat Ridge Police Department; and WHEREAS, the City recognizes the holding of Z.J. Gifts 0-4, LL.C. v, City of Littleton, 311 F 3d 1220 (10th Cir 2002) that a sexually-oriented business licensing ordinance must provide a definite time within which a municipality must act on an application and provide prompt judicial review of a licensing decision, and WHEREAS, the City desires to establish a local appellate procedure and time limits within which the Wheat Ridge Police Department must perform certain pre- application requirements in accordance with Z.J. Gifts BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. follows Subsection 3-6(a) of the Code of Laws is hereby amended as CNB\53027\441590.02 1 (a) All applicants for a sexually-oriented business license shall file a completed application for such license with the community development director on forms to be provided by the community development director Each individual applicant, partner of a partnership, officer or director of a corporation, and manager of a limited liability company and all business managers, shall be named in each application form, and each of them shall be photographed and fingerprinted by the Wheat Ridge Police Department. EACH PERSON REQUIRED TO BE FINGERPRINTED AND PHOTOGRAPHED PURSUANT TO THIS SUBSECTION (A) SHALL SUBMIT A WRITTEN REQUEST FOR SUCH SERVICES TO THE WHEAT RIDGE POLICE DEPARTMENT AS SOON AS PRACTICAL AFTER AN APPLICATION HAS BEEN FILED WITH THE CITY, BUT IN NO EVENT LATER THAN FIVE (5) DAYS AFTER SUCH APPLICATION HAS BEEN DETERMINED COMPLETE BY THE COMMUNITY DEVELOPMENT DIRECTOR THE WHEAT RIDGE POLICE DEPARTMENT SHALL PHOTOGRAPH AND FINGERPRINT THE REQUESTING PARTY AND FORWARD SUCH INFORMATION TO ALL APPROPRIATE REFERRAL AGENCIES WITHIN FIFTEEN (15) DAYS AFTER THE POLICE DEPARTMENT'S RECEIPT OF A WRITTEN REQUEST Section 2. Subsection 3-9(a) of the Code of Laws is hereby amended as follows (a) VVithout unduo dol3Y f-ollowing tho community dovolopmont diroctor's dotormin3tion th3t 3n 3pplic3tion is comploto WITHIN FIVE (5) DAYS OF THE DETERMINATION THAT AN APPLICATION IS COMPLETE, the community development director shall transmit the application to the Wheat Ridge Police Chief, who shall cause the investigation of the background of each individual applicant, manager, the partners of a partnership, the officers and directors of a corporation and the manger of a limited liability company and manager of the sexually-oriented business and the accuracy of the information provided in the application The investigation is intended to provide an opportunity to determine whether the application is in conformance with the requirements of this chapter based on information and resources available to the city and to determine if any applicant or those listed in subsection (a) of section 3-6 or manager has been convicted of a specified criminal act. The results of such investigation shall not be interpreted or construed as constituting an affirmation or verification by the city that the information contained in the application is factually correct or accurate THE POLICE CNB\53027\44159002 2 CHIEF SHALL SUBMIT A WRITTEN REPORT OF THE INVESTIGATION TO THE COMMUNITY DEVELOPMENT DIRECTOR WITHIN THIRTY (30) DAYS AFTER RECEIVING THE APPLICATION FROM THE COMMUNITY DEVELOPMENT DIRECTOR. FAILURE OF ANY OUTSIDE REFERRAL AGENCY TO RESPOND TO A REQUEST FOR INFORMATION WITHIN SAID THIRTY (30) DAYS SHALL BE DESIGNATED IN THE REPORT AS A DEEMED AGENCY APPROVAL OF THE APPLICATION A REFERRAL AGENCY RESPONSE RECEIVED BY THE CITY AFTER THE INVESTIGATIVE REPORT IS DUE BUT BEFORE AN APPLICATION IS APPROVED OR DENIED MAY BE CONSIDERED BY THE COMMUNITY DEVELOPMENT DIRECTOR DESPITE ITS EXCLUSION FROM THE REPORT AN AGENCY RESPONSE RECEIVED AFTER AN APPLICATION HAS BEEN APPROVED THAT REVEALS THAT THE APPLICATION MEETS ONE OR MORE OF THE DENIAL CRITERIA SET FORTH IN SECTION 3-10(A) SHALL CONSTITUTE GROUNDS FOR REVOCATION OF APPROVAL OR, WHERE A LICENSE HAS BEEN ISSUED, REVOCATION OF THE LICENSE IN ACCORDANCE WITH SECTION 3-16 Section 3. Subsection 3-1 O( a) of the Code of Laws is hereby amended as follows (a) A completed license application filed with the community development director shall be administratively approved or denied by the community development director within thirty (30) FORTY-FIVE (45) days of the date of the filing of a complete application The community development director shall deny a license application if' Section 4. Subsection 3-11(b) of the Code of Laws is hereby amended by deleting the last sentence thereof and substituting therefor the following 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 continuance unless agreed to by the applicant. Section 5. Subsection 3-11 (f) of the Code of Laws is hereby amended as follows (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 CNB\53027\441590 02 3 court pursuant to Colorado Rules of Civil Procedure 1 06(a)(4) OR TO THE WHEAT RIDGE MUNICIPAL COURT PURSUANT TO THIS SUBSECTION (F) For purposes of any appeal to tho district Gourt, 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 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 MAY BE APPEALED PURSUANT TO C M C R. RULE 237 CNB\53027\441590 02 4 Section 6. Subsection 3-16(a) of the Code of Laws is hereby amended as follows (a) The city manager or designee may revoke any license granted pursuant to this chapter upon a finding that: (1 ) Two (2) or more violations of the provisions warranting suspension contained in section 3-15 have been found to exist during a two-year period, ef (2) The sexually-oriented business was operated and open for sexually-oriented entertainment during a period of time when the sexually-oriented business license was suspended~, OR (3) THE LICENSE APPLICATION SHOULD HAVE BEEN DENIED UNDER THE CRITERIA SET FORTH IN SECTION 3-10(A) Section 7. follows Subsection 3-23(f) of the Code of Laws is hereby amended as (f) Where the city seeks to revoke a license or deny ~ license, a licensee shall be entitled to notice, a quasi-judicial hearing before the city manager or designee, and the right to appeal conducted in the same manner as a hearing for suspension as provided by section 3-15 IF AN APPLICATION FOR A NEW ENTERTAINER LICENSE IS DENIED, THE APPLICANT SHALL BE ENTITLED TO NOTICE, A QUASI-JUDICIAL HEARING BEFORE THE CITY MANAGER OR DESIGNEE, AND THE RIGHT TO APPEAL IN THE SAME MANNER AS PROVIDED BY SECTION 3-11 Section 8. 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 9. Severability: ConflictinQ Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 10. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter CNB\53027\441590.02 5 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 9th day of June , 2003, 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 July 14 , 2003, at 7 00 o'clock pm, 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 8 to 0 ,this 14tltlayof July , 2003 SIGNED by the Mayor on this 1 Sth day of Tll1 Y ,2003 ATTEST A~~~ Gerald E Dahl, City Attorney First Publication June 12, 2003 Second Publication July 24. 2003 Wheat Ridge Transcript: Effective Date August .'f\, 2003 CNB\53027\441590.02 6