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
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(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
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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
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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
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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
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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
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