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HomeMy WebLinkAboutOrdinance-1999-1164 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 16 Ordinance No. 1164 Series of 1999 TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 3 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE REGULATION OF SEXUALLY-ORIENTED BUSINESSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT. Section 1. Chapter 3 of the Wheat Ridge Code of Laws is hereby repealed in its entirety and reenacted to read as follows: Sections: 3.010 3.020 3.030 3.040 3.050 3.060 3.070 3.080 3.090 3.100 3.110 3.120 3.130 3.140 3.150 3.160 3.170 3.180 3.190 3.200 3.210 3.220 3.230 KLE\53027\314972.05 Chapter 3 SEXUALLY-ORIENTED BUSINESSES Findings of fact. Legislative intent. Definitions. Location of sexually-oriented businesses. License required-fee. License application. Determination of completed application. Application fee. Investigation. Approval of license or denial of application. Appeal of application denial. Issuance of license. Term of the license. License renewal. Suspension of license. Revocation of license. Display- Transferability-Change of ownership-Change of corporate structure. Manager-Change of manager. Time limits for entertainment. Standards of conduct. Age restrictions. Entertainer Requirement. Entertainer License. 3.240 3.250 3.260 3.270 3.280 3.290 3.330 3.010 lighting requirements. Right of entry. Signage and Exterior. Nonconforming Use. Inspection. Enforcement. Severability . Findings of fact. The City Council finds: There are a substantial number of sexually-oriented businesses in the Denver metropolitan area that require regulation in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizenry The City Council and staff have conducted a review of land use studies concerning the secondary effects of sexually-oriented businesses in other cities including: 1. Garden Grove, California 2. Tucson, Arizona 3. Austin, Texas 4. Oklahoma City, Oklahoma 5. Indianapolis, Indiana 6. Houston, Texas 7. Phoenix, Arizona 8, Amarillo, Texas 9 Los Angeles, California 10. New York, New York - two studies 11 . Denver, Colorado Regulation of sexually-oriented businesses furthers substantial governmental interests and is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity has included prostitution, narcotics and liquor law violations, violent crimes against persons, and property crimes. Sexually-oriented businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature. The concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulation of sexually-oriented businesses in order to protect the health and well-being of citizens. KLE\53027\314972.05 -2- Sexually-oriented businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, causing an increase in crime and a decrease in property values. It is recognized that sexually-oriented businesses have serious objectionable characteristics which should be reasonably regulated in order to protect substantial governmental concerns, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area The City Council desires to minimiZe and control these adverse effects and thereby protect the health, safety, and welfare of citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect citizens from increased crime. It is necessary to have a manager on the premises of sexually-oriented businesses at all times that such establishments are offering sexually-oriented entertainment in order to ensure an individual will be responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees. The license fees required are necessary as nominal fees designed to help defray the substantial expenses incurred by the City in regulating sexually-oriented businesses; the fees are related to the actual costs of regulation. Restricted hours of operation will further mitigate or prevent the adverse secondary effects of sexually-oriented businesses. Locational criteria alone do not adequately protect the health, safety, and general welfare of citizens and thus, certain requirements with respect to the licensing and operation of sexually-oriented businesses are in the public interest. Sexual acts, including masturbation and oral and anal sex, occur at sexually- oriented businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos, or live sexually-oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea, and human immunodeficiency virus (HIV). Offering sexually-oriented entertainment under conditions that encourage such activities creates unhealthy conditions. Sanitary conditions in some sexually-oriented businesses are unhealthy, in part because of the failure of owners and operators to regulate those activities and maintain their facilities. Numerous studies and reports have determined that semen is found in the areas of sexually-oriented businesses where persons view sexually-oriented films. KLE\53027\314972,05 -3- These findings raise substantial governmental concerns. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually- oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on operators to ensure that sexually-oriented businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually- oriented business, and fully in possession and control of the premises and activities occurring therein. The regulation of nudity in sexually-oriented businesses will further these substantial governmental interests in preventing prostitution and other sex-related crimes, including illegal sex acts, and protecting the public health, safety, and welfare. Removal of doors on viewing booths in sexually-oriented businesses and requiring sufficient lighting on premises with viewing booths will advance the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and theaters and will facilitate enforcement of the provisions of this Chapter and other federal, state and local laws, thereby furthering the substantial governmental interest of protecting the public health, safety, and welfare. Requiring sufficient lighting in all sexually-oriented businesses will advance the substantial governmental interest in curbing illegal sexual activity on the premises of sexually-oriented businesses, and will facilitate enforcement of the provisions of this Chapter and other federal, state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety, and welfare. A person who recently has been convicted of a specified criminal act as defined herein is not an appropriate individual to operate or be employed in a sexually-oriented business. Barring such individuals from the management or and employment in sexually-oriented businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases. \t is necessary to license the officers, directors and managers of corporate entities because of the control such persons have over the operation and management of the business. KLE\53027\314972,05 -4- It is necessary to limit the age of patrons and employees of sexually-oriented businesses in order to protect them from the potentially harmful consequences associated with such businesses. Sexually-oriented businesses with live entertainers generate more police calls and vandalism than sexually-oriented bookstores, sexually-oriented video stores or sexually-oriented novelty stores and, therefore, it is reasonable to prohibit persons under the age of twenty-one (21) from entering sexually-oriented businesses with live entertainers. Additionally, the minimum age for the consumption of alcoholic beverages is twenty-one (21), and sexually-oriented businesses with live entertainers generally sell alcohol. 3.020 Legislative intent. It is the intent and purpose of this Chapter to regulate the time, place, and manner in which sexually-oriented entertainment is presented in sexually-oriented businesses to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually-oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects of sexually-oriented businesses, and not to prohibit sexually-oriented entertainment or to curtail constitutionally protected freedom of expression. 3.030 Definitions. For the purposes of this Chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning. "Child Care Facility" means any facility, by whatever name known, licensed by the State of Colorado and maintained for compensation, for the whole or any part of a day, for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager thereof. "Church" means a location where organized religious services and associated activities such as religious classes, child care, and committee and office work, and parish house are regularly conducted. Reference to Church shall include all religious facilities, regardless of denomination. "Community Center" means a building or other structure which is City- owned or used by the City that provides services to the community and is open to the general public. "Employee" means a person who performs any service or work on the premises of a sexually-oriented business, including but not limited to, providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other KLE\53027\314972,05 -5- compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises. "Entertainer" means a person who performs, dances, or otherwise entertains while nude or semi-nude in a sexually-oriented business regardless of whether or not said person is paid a salary, wage, or other compensation for said performance. "Nude model studio" means any place where a person who appears semi- nude, in a state of nudity, or who displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Nude Model Studio shall not include a proprietary school licensed by the State of Colorado or a college, junior college or university supported entirely or in part by public taxation, a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a business in a structure: A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and B. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and C. Where no more than one (1) nude or semi-nude model IS on the premises at anyone time. "Nudity" or a "state of nudity" means the display of specified anatomical areas "Park" means a park, reservation, playground, beach, recreation area, bikeway, trail, greenbelt, or other area in the City owned or used by the City and devoted to active or passive recreation, including developed and undeveloped land. "Performance" means a play, motion picture, dance, or other exhibition performed before an audience. "Recreational Center" means land, buildings, structures or equipment used in recreational activities, owned or operated by a government agency. "School" means an institution for instruction. Schools are classified by the type of instruction provided and by student grade level. A. College/University: A school providing higher education beyond grade 12, which offers either a two-year or four-year degree in specific disciplines; KLE\53027\314972.05 -6- B. K-12: A school, public or private, which meets State standards for providing instruction for students between five (5) and twenty-one (21) years of age, including, but not limited to, vocational schools and special education schools. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, or any portion of the female breast below the top of the areola, as well as portions of the body covered by supporting straps or devices. "Sexual encounter center" means a business or commercial establishment or private club that regularly offers, for any form of consideration, a place where two (2) or more persons may congregate, associate, wrestle or consort when one (1) or more of the persons is in a state of nudity or semi-nude. This definition does not apply to any actions in compliance with Article X of Chapter 16 of the Wheat Ridge Code of Laws (Massage Parlors) or any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices "Sexually-oriented arcade" means any commercial establishment or private club where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at 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. "Sexually-oriented bookstore," "sexually-oriented novelty store" or "sexually- oriented video store" means a commercial establishment which devotes a significant or substantial portion of its business to 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: A significant or substantial portion of its stock in trade consists of the items listed in A. and/or B. above; or KLE\53027\314972,05 -7- A significant or substantial portion of its revenues is derived from the rental or sale of items listed in A. and/or B. above; or A significant or substantial portion of its floor space, shelf space or storage space is devoted to the items listed in A. and/or B. above; or A significant or substantial portion of its advertising is devoted to the items listed in A. and/or B. above. "Sexually-oriented business" means a sexually-oriented arcade, sexually- oriented bookstore, sexually-oriented cabaret, sexually-oriented novelty store, sexually-oriented video store, nude modeling studio, sexually-oriented motel, sexually-oriented motion picture theater, sexual encounter center, or any adult entertainment establishment as described elsewhere in this Code of Laws. "Sexually-oriented cabaret" means a nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment or private club which regularly features or presents live sexually-oriented entertainment. "Sexually-oriented entertainment" means any exhibition, display, or dance which involves the exposure to view of specified anatomical areas or specified sexual activities "Sexually-oriented motel" means a hotel, motel or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas; or B. Offers a sleeping room for rent for a period of time that IS less than ten (10) hours; or C Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours. "Sexually-oriented motion picture theater" means any commercial establishment or private club, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials are regularly shown which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas. Any KLE\53027\314972.05 -8- establishment meeting the definition of a sexually-oriented arcade is not considered a sexually-oriented motion picture theater. "Specified anatomical areas" means and includes any of the following: A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or C. Human male genitals In a discernibly turgid state, even if completely and opaquely covered. "Specified criminal act" means any offense which is included in the definition of "unlawful sexual behavior" under Section 18-3-412 5, C R.S., Sex Offenders- Duty to Register-Penalties, or any offense committed in another state that, if committed in the State of Colorado, would constitute an offense involving unlawful sexual behavior, or any offense that has a factual basis of one (1) of the offenses specified in the definition of "unlawful sexual behavior." Specified criminal act also includes any offense involving soliciting for prostitution, prostitution, patronizing a prostitute, pandering, pimping, public indecency, or the distribution or possession of obscene materials. "Specified sexual activities" means and includes any of the following: A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, sodomy, or beastiality. C. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, or abuse. D. Human genitals In a state of sexual stimulation, arousal, or tumescence; or E. Excretory functions as part of or in connection with any of the activities set forth in Subsections A. through D of this definition. 3.040 Location of sexually-oriented businesses. A. It is unlawful to operate or cause to be operated a sexually-oriented business in any location except as provided in the Wheat Ridge Code of Laws. B. It is unlawful to operate or cause to be operated a sexually-oriented business within seven hundred fifty (750) feet of the property line of the following. KLE\53027\314972,05 -9- 1 A church; 2. A lot zoned for residential use or zoned A-1 or A-2 and used for residential purposes C. It is unlawful to operate or cause to be operated a sexually-oriented business within one thousand (1,000) feet of the property line of the following: 1 . A school or licensed child care facility; 2. A public park, recreational center, or community center. D. It is unlawful to cause or permit the operation or maintenance of more than one (1) sexually-oriented business in the same building, structure, or portion thereof. E. For the purpose of subsections B. and C. of this Section, the distance between a sexually-oriented business and the premises of a church, school, child care facility, public park, recreational center, community center, residential district, or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or City limits, from the closest exterior wall of the structure in which the sexually-oriented business is located to the property line of such uses. F. A sexually-oriented business lawfully operating is not rendered a nonconforming use by the subsequent location of a church, school, child care facility, public park, recreational center, community center, residential district, or a residential lot within seven-hundred fifty (750) feet of the sexually-oriented business; however, if the sexually-oriented business ceases operation for a period of sixty (60) days or more regardless of any intent to resume operation, it may not recommence operation in that location 3.050 License required-fee. A. No person shall conduct or operate a sexually-oriented business without first having obtained a sexually-oriented business license issued by the City as required by this Chapter. Each applicant shall pay a license fee of five hundred dollars ($500.00). B. In the event an application for a sexually-oriented business license is withdrawn prior to issuance or is denied, the license fee shall be refunded in full to the applicant. The license fee is in addition to any application fee required by this Chapter. 3.060 License application. A. All applicants for a sexually-oriented business license shall file a completed application for such license with the Planning Director on forms to be KLE\53027\314972.05 -10- provided by the Planning Director. Each individual applicant, partner of a partnership, officer or director of a corporation, and manager of a limited liability company and all business managers, shall be named in each application form, and each of them shall be photographed and fingerprinted by the Wheat Ridge Police Department. B. The completed application shall contain the following information and shall be accompanied by the following documents' 1 . If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof (1) that the individual is eighteen (18) years of age or older, or (2) if the sexually-oriented business will have live sexually-oriented entertainment, that the individual is twenty-one (21) years of age or older; b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; c, A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado, the names and capacity of all officers, directors, and the name of the registered corporate agent and the address of the registered office for service of process; d. A limited liability company, the company shall state its complete name, the date of its formation, evidence that the company is in good standing under the statutes of the State of Colorado, or in the case of a foreign company, evidence that it is currently authorized to do business in the State of Colorado and the name of its members, the manager, and registered agent and the address of the registered office for service of process. 2. The applicant shall state whether the applicant or any other individual listed pursuant to Subsection A. of this Section has previously operated or is currently operating or has been employed at an unlicensed sexually-oriented business as defined in this Chapter or has had a previous sexually-oriented business license under this Chapter or other sexually-oriented business ordinances, resolutions or other regulations from another city or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, or been declared a public nuisance, as well as the date of the denial, suspension or revocation. Additionally, the applicant shall state whether the applicant or any KLE\53027\314972,05 -11- other individuals listed pursuant to Subsection A. of this Section has been a partner in a partnership or an officer or director of a corporation or manager of a limited liability company of a sexually-oriented business whose license has previously been denied, suspended or revoked, including the name and location of the sexually- oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. State whether the applicant or any other individual listed pursuant to Subsection A. of this Section holds any other licenses under this Chapter or other similar sexually-oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses; 3. including a legal number{s), if any; The location of the proposed sexually-oriented business, description of the property, street address, and telephone 4 Proof of the applicant's right to possession of the premises wherein the sexually-oriented business will be conducted; 5. The applicant's mailing address and residential address; 6. The applicant's social security number, driver's license number and/or federally issued tax identification number or, if the applicant is not a natural person, provide such information for the individuals listed in subsections 8.1 .b; c; and d, 7. A floor plan of the licensed premises which specifies the location and dimensions of any manager's station and demonstrates that there is an unobstructed view from at least one (1) of the managers' station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. The floor plan shall designate exits, entrances, doors, walls and those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The floor plan shall also demonstrate that it complies with Section 3.200. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The diagram shall designate the place at which the license will be conspicuously posted and the location of any stage. A manager's station is not required, and need not be shown on the floor plan, for a sexually-oriented motion picture theater, sexually-oriented motel, sexually-oriented bookstore, sexually-oriented novelty store, or sexually-oriented video store; 8. A current improvement location certificate and straight-line drawing prepared by a land surveyor, both prepared within thirty (3D) days prior to the application. Additionally, said document shall depict the property lines and the structures containing any sexually-oriented business within one thousand (1000) KLE\53027\314972,05 -12- feet of the closest exterior wall of the structure in which the applicant business will be located and depicting the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within seven hundred fifty (750) feet from the closest exterior wall of the structure in which the applicant business will be located; 9. Evidence from the applicant that the proposed location of such business complies with the locational requirements of the zoning ordinance; 10. A verified affidavit that the proposed sexually-oriented business and its location comply with and conform to all requirements of this Chapter; 11 . The applicant shall provide a statement regarding whether the applicant or any person pursuant to Subsection A of this section has been arrested for a specified criminal act, the date of the arrest, and the jurisdiction and location of the offense. 12. If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, the applicant shall state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. 3.070 Determination of completed application. A. Not more than ten (10) days following submission of an application, the Planning Director shall review the application for completeness and conformance with the application requirements of Section 3.060. The Planning Director shall not accept for filing any application that is not complete in every detail. If an omission or error is discovered by the Planning Director, the application will be rejected by the Planning Director and returned to the applicant together with a written explanation of the omission or error without further action by the Planning Director. Any application rejected by the Planning Director due to an omission or error may be resubmitted to the Planning Director when the omission or error has been remedied. For the purposes of this Chapter, the date the Planning Director determines that an application is complete and in conformance with the application requirements of Section 3.060 in every detail shall be the date the application is deemed filed with the Planning Director. B. All applicants shall promptly notify the Planning Director in writing in the event that any information contained in an application has changed or any information is discovered by the applicant to be incorrect in any way from what is stated on the application, and every applicant shall have the continuing duty to promptly update and supplement such information during the term of any sexually- oriented business license issued to the applicant. The failure to notify the Planning Director in accordance with this section within thirty (30) days from the date of such change or discovery, by supplementing or updating the application on file with KLE\53027\314972.05 -13- the Planning Director, shall be grounds for revocation of any application approval or, where a license has been issued, suspension or revocation of an issued sexually-oriented business license. 3.080 Application fee. Each applicant, whether an individual, partnership, limited liability company, or corporation, shall pay the following application fees at the time of submitting any application to the Planning Director: A. An application processing fee of one hundred fifty dollars ($150). Such application fee shall be nonrefundable. B. An application investigation fee in the amount then charged by the Wheat Ridge Police Department for each person who will be investigated as required by this Chapter. Such application investigation fee shall be nonrefundable following a determination by the Planning Director that the application is complete in accordance with Section 3.070. The application investigation fee shall be refunded upon written request by the applicant in the event that the applicant withdraws its application prior to the Planning Director's determination that the application is complete. 3.090 Investigation. A. Without undue delay following the Planning Director's determination that an application is complete, the Planning Director shall transmit the application to the Wheat Ridge Police Chief, who shall cause the investigation of the background of each individual applicant, manager, the partners of a partnership, the officers and directors of a corporation and the manager of a limited liability company and manager of the sexually-oriented business and the accuracy of the information provided in the application. The investigation is intended to provide an opportunity to determine whether the application is in conformance with the requirements of this Chapter based on information and resources available to the City and to determine if any applicant or those listed in Subsection A. of Section 3.060 or manager has been convicted of a specified criminal act. The results of such investigation shall not be interpreted or construed as constituting an affirmation or verification by the City that the information contained in the application is factually correct or accurate. B. Within five (5) days of receipt of an application for a sexually-oriented business license, the Planning Director shall notify the local Fire Marshal, the local Building Inspector, and the Jefferson County Health Department of such application. In making such notification, the Planning Director shall request that the Fire Marshal and Health Commissioner promptly inspect the premises for which the sexually-oriented business license is sought to assess compliance with the regulations under their respective jurisdictions. KLE\53027\314972,05 -14- C. The Fire Marshal shall provide to the Planning Director a written certification of whether the premises are in compliance with the Fire Code within ten (10) days of receipt of notice of the application. D. The Building Inspector shall commence the Inspection of the premises for which a sexually-oriented business license is sought promptly upon receipt of notice of the application, and shall complete a written certification of whether the premises are in compliance with the Building Code, the Planning and Zoning Code, and the provisions of this Chapter related to physical characteristics of the premises within fifteen (15) days after receipt of the application. E. The Planning Director may cause to be conducted any other investigation deemed necessary by the Planning Director to determine the application's conformance with any requirement of this Chapter including, but not limited to, an investigation of the proposed sexually-oriented business location's conformance with the Wheat Ridge Code of Laws, or other applicable laws. 3.100 Approval or denial of application. A. A completed license application filed with the Planning Director shall be administratively approved or denied by the Planning Director within thirty (30) days of the date of the filing of a complete application. The Planning Director shall deny a license application if: 1. The applicant is under the age of eighteen (18) years or, if the sexually-oriented business will provide, conduct, feature, show, or present live sexually-oriented entertainment, under the age of twenty-one (21) years; 2. The application or any investigation performed by the City demonstrates or establishes that the proposed sexually-oriented business fails to conform to any requirement of this Chapter, the Wheat Ridge Code of Laws, or other applicable law; 3. The applicant knowingly made a false statement or knowingly gave false information in connection with the application; 4. The individual applicant or a director or officer of a corporation, partner of a partnership, or manager of a limited liability company or manager of the sexually-oriented business has had a sexually-oriented business license revoked or suspended within five (5) years prior to the application; 5. The individual applicant or a director or officer of a corporation, or partner of a partnership or manager of a limited liability company or manager of the sexually-oriented business has operated a sexually-oriented business which was determined to be a public nuisance under state, federal or local law within five (5) years prior to the application; KLE\53027\314972,05 -15- 6. A corporate applicant or limited liability company applicant IS not in good standing or authorized to do business in the State of Colorado; 7. The individual applicant, manager, director or officer of a corporation. partner of a partnership, or manager of a limited liability company has been convicted of a specified criminal act for which: a. Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement or supervision, whichever is the later date, if the conviction is of a misdemeanor offense; or b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement or supervision, whichever is the later date, if the conviction is of a felony offense; or c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement or supervision whichever is the later date, if the convictions are of two or more misdemeanors. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For the purposes of this subsection, "convicted" includes having pleaded guilty or nolo contendere to a specified criminal act or any offense for which the factual basis involved one of the specified criminal acts. "Convicted" includes persons who have received a deferred judgment and sentence or a deferred adjudication for a specified criminal act or any offense for which the factual basis involved one of the specified criminal acts; or 8 The applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against the applicant or imposed against the applicant in relation to a sexually-oriented business. B. In the event that the Planning Director approves a license application, the Planning Director shall make a written finding that the application conforms to the requirements of this Chapter based on the information available and the investigation performed by the City. The Planning Director may make additional findings as deemed necessary to identify the Planning Director's basis for approval. The written finding(s) shall be sent by certified mail to the address of the applicant as shown in the application within ten (10) days after the date of the Planning Director's approval. Nothing in this Chapter shall prevent or preclude the Planning Director from revoking such approval where it is discovered that the application contained or included a false or incorrect statement or false or incorrect information which would otherwise constitute sufficient grounds or basis for the denial of the application. Approval of a license application shall not constitute issuance of a sexually-oriented business license. Issuance of a license shall be made only in accordance with Section 3.120. The decision of the Planning Director to approve a KLE\53027\314972.05 -16- license application shall not be construed as a quasi-judicial act but shall be a final administrative decision of the City. C. The Planning Director's approval of a license application shall be valid for one (1) year followmg the date of approval. Failure to obtam the issuance of the license pursuant to Section 3.120 within such one-year period shall require the submission of a new application. D. In the event that the Planning Director denies a license application, the Planning Director shall prepare written findings of fact and a decision stating the reasons or basis for the denial A copy of the Planning Director's findings and decision shall be sent by certified mail, return receipt requested, to the address of the applicant as shown in the application within ten (10) days after the date of the Planning Director's denial. The Planning Director's decision to deny a license application shall become a final administrative decision of the City on the fourteenth (14th) day following the date of the decision unless the applicant files a timely request for appeal to the City Manager or designee as provided by Section 3.110. 3.110 Appeal of application denial. A. In the event that the Planning Director denies a license application, an applicant shall have the right to a quasi-judicial hearing before the City Manager or designee for the purpose of appealing the Planning Director's administrative decision. A written request for a hearing shall be made to the City Manager or designee within ten (10) days of the date of the mailing of the Planning Director's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the City Manager's or designee's receipt of the written request for a hearing unless a later date is requested by the applicant. B. Upon receipt of a timely request for a hearing, the City Manager or designee shall schedule a hearing and notify the applicant of the date, time, and place of the hearing. Such notification may be made by the City by telephone provided that a written notice shall also be mailed or delivered to the applicant at the applicant's address shown in the application. An applicant may be represented at the hearing by an attorney or other representative. An applicant or the City may request a continuation or postponement of the hearing date. C The City Manager or designee shall have the power to administer oaths, issue subpoenas to require the presence of persons, and when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the City Manager or designee conducts. It is unlawful for any person to fail to comply with any subpoena issued by the City Manager or designee. A subpoena shall be served in the same manner as a subpoena issued by KLE\53027\314972,05 -17- the District Court of the State. Upon failure of any witness to comply with such subpoena, the City Attorney may: 1 Petition any judge of the Municipal Court of the City, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, requesting that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court; or 2. Petition the District Court in and for the county, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, requesting that the court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. D. At the hearing, the City Manager or designee shall hear and consider such evidence and testimony presented by the City, the applicant, or any other witnesses presented by the City or the applicant which are relevant to the stated reason and basis for the Planning Director's denial of the license application. The City Manager or designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross- examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record. E. Not less than ten (10) days following the conclusion of the hearing, the City Manager or designee shall send a written order by certified mail, return receipt requested, to the applicant at the address as shown on the application. The order shall include findings of fact and a final decision concerning the approval or denial of the application. In the event that the City Manager or designee concludes that the application is approved, such approval shall constitute approval by the Planning Director, and the applicant may seek issuance of a license in accordance with this Chapter. F. The order of the City Manager or designee made pursuant to this section shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the District Court, the City Manager's or designee's decision shall be final upon the earlier of the date of the applicant's receipt of the order or four (4) days following the date of mailing. KLE\53027\314972.05 -18- G. To facilitate prompt judicial review of any appeal to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4), the City shall agree to an expedited briefing schedule in which each of the deadlines otherwise required for filing of the opening brief, answer brief and reply brief are shortened by at least ten (10) days. The City shall proffer to the applicant a joint motion to the court requesting prompt judicial attention to, and acceleration of, the appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4)(VIII). 3.120 Issuance of license. A. No license shall be issued by the Planning Director after approval of an application until such time as the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the provisions of this Chapter and other applicable codes of the City or State, and then only after inspection of the premises and certification that the applicant has complied with the plans and specifications approved by the City with the application. Such inspection of the premises shall be made within ten (10) days after the Planning Director receives written notification from the applicant that the applicant desires inspection of the premises and the issuance of a license. B. least sixty license. If the licensed business premises has been closed or inactive for at (60) days, the Planning Director may revoke or elect not to renew the 3.130 Term of the license. All licenses issued pursuant to this Chapter shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. 3.140 License renewal. A. Renewal of an existing license issued pursuant to this Chapter shall be granted upon the payment of the annual licensing fee of two hundred fifty dollars ($250.00) and the filing of a completed renewal application with the Planning Director not less than forty-five (45) days prior to the date of license expiration. The Planning Director may waive the timely filing requirement where the licensee demonstrates in writing that the failure to timely file is not solely the result of the applicant's neglect; provided that no renewal application shall be accepted by the Planning Director from any licensee after the license expires. B. A license that is under suspension may be renewed for the next calendar year in accordance with this section provided that such renewal shall not modify, alter, terminate, or shorten the period or term of the suspension. The suspension of a license shall not extend the term of the license or otherwise relieve the licensee from timely seeking renewal of the license in accordance with this section. KLE\53027\314972,05 -19- 3.150 Suspension of license. A. The City Manager or designee may suspend a license for a period not to exceed six (6) months upon a finding of any of the following factors: 1. Two (2) or more disturbances have occurred within a six (6) month period upon the licensed premises or upon any parking areas, sidewalks, access ways or grounds within the immediate neighborhood of the licensed premises involving a patron or customer, manager, employee, or the licensee, 2. The licensee, manager, or any employees thereof illegally offered for sale or illegally allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs or fermented malt beverages, or malt, vinous or spirituous liquors; 3. The licensee or manager is not upon the licensed premises at all times that the sexually-oriented business is open for business or at all times when the business premises is occupied by any employee, agent, invitee, or other person; 4. Sexually-oriented entertainment was offered at the licensed establishment or the sexually-oriented business was open for business during hours prohibited by this Chapter; 5. The licensee, manager, or employee has allowed or permitted patrons to engage in public displays of indecency or has allowed or permitted patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; 6. The licensee or manager knowingly made a false statement or knowingly gave false information in connection with an application for a license or a renewal of a license; 7. The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this Chapter; 8. A manager or employee of the licensed establishment is under the age of eighteen (18) years or, if live sexually-oriented entertainment is performed, provided, featured, shown, or presented at the sexually-oriented business, a manager is under the age of twenty-one (21) years; 9. The licensee, in the case of a corporation or limited liability company, is not in good standing or authorized to do business in the State of Colorado; KLE\53027\314972.05 -20- 10. The licensee IS delinquent In payment to the City or State for any taxes or fees past due; or 11. The licensee, manager, or employee has allowed specified sexual activities to occur within the licensed premises B. Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the State, or of the United States. C. A licensee shall be entitled to a quasi-judicial hearing before the City Manager or designee if the City seeks to suspend a license based on a violation of this Chapter. 1 . When there is probable cause to believe that a licensee has violated or permitted a violation of this Chapter to occur in or near the licensed establishment, the City Attorney may file a written complaint with the City Manager or designee setting forth the circumstances of the violation. 2. The City Manager or designee shall send a copy of the complaint by certified mail, return receipt requested, to the licensee at the address as shown on the license application, together with a notice to appear before the City Manager or designee for the purpose of a hearing to be conducted at a specified date and time and at a place designated in the notice to show cause why the licensee's license should not be suspended. Such hearing shall be held on a date not less than fourteen (14) days following the date of mailing of the complaint and notice to the licensee. D At the hearing, the City Manager or designee shall hear and consider such evidence and testimony presented by the Police Department or other enforcement officers, the City, the licensee, or any other witnesses presented by the City or the licensee which are relevant to the violations alleged in the complaint. The City Manager or designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record. E. The City Manager or designee shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. Such written findings and conclusion shall be prepared and issued not less than ten (10) days following the conclusion of the hearing If the City Manager or designee determines that a violation did occur which warrants suspension of the license pursuant to this section, the City Manager or designee shall also issue an order suspending the license. A copy of the findings, KLE\53027\314972.05 -21- conclusion, and order shall be hand delivered or mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application. F. For purposes of any appeal to the District Court, the City Manager's or designee's decision shall be final upon the earlier of the date of the applicant's receipt of the findings, conclusion, and order or four (4) days following the date of mailing of the City Manager's or designee's decision. The order of the City Manager or designee shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 1 06(a)(4). Any suspension ordered by the City Manager or designee may be stayed and held in abeyance following the filing of a complaint for judicial relief and until a final conclusion of the matter by the District Court. To facilitate prompt judicial review of any appeal to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4l, the City shall agree to an expedited briefing schedule in which each of the deadlines otherwise required for filing of the opening brief, answer brief and reply brief are shortened by at least ten (10) days. The City shall proffer to the applicant a joint motion to the court requesting prompt judicial attention to, and acceleration of, the appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4)(VIII). G. The City Manager or designee shall have the power to administer oaths, issue subpoenas to require the presence of witnesses, and when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the City Manager or designee conducts. It is unlawful for any person to fail to comply with any subpoena issued by the City Manager or designee. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. Upon failure of any witness to comply with such subpoena, the City Attorney shall: 1. Petition any judge of the Municipal Court of the City, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, requesting that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court; or 2. Petition the District Court in and for the county, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, requesting that the court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. KLE\53027\314972.05 -22- H. In the event of suspension or cessation of business, no portion of the license fee shall be refunded. 3.160 Revocation of license. A. The City Manager or designee may revoke any license granted pursuant to this Chapter upon a finding that either: 1. Two (2) or more violations of the provIsions warranting suspension contained In Section 3 150 have been found to exist during a two (2) year period; or 2. The sexually-oriented business was operated and open for sexually oriented entertainment during a period of time when the sexually-oriented business license was suspended. B. Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by the Wheat Ridge Code of Laws. C. Where the City seeks to revoke a license, a licensee shall be entitled to notice, a quasi-judicial hearing before the City Manager or designee, and the right to appeal conducted in the same manner as a hearing for suspension as provided by Section 3.150. 3.170 Display-transferability-change of ownership-change of corporate structure. A. Any sexually-oriented business license issued pursuant to the terms of this Chapter shall be prominently displayed at all times upon the premises for which the license was issued. B. Licenses issued under this Chapter shall not be transferable, sold, or leased except as provided herein. Any change in the partners of a partnership or in officers or directors of a corporate licensee or manager of a limited liability company holding a sexually-oriented business license shall result in termination of the license of the partnership or corporation, unless such licensee, within thirty (30) days of any such change, files a written notice of such change accompanied by the application fee and an investigation fee as required by this Chapter. Any such change shall be reported on forms provided by the Planning Director and shall require the names of all new partners of a partnership, officers, and directors of a corporation, and the manager of a limited liability company and any information as required by Section 3.060. Approval or denial by the Planning Director of such transfer shall be upon the same terms as provided for in this Chapter for the approval or denial of a sexually-oriented business license. KLE\53027\314972 05 -23- C. When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license. D. Each license issued under this Chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location. 3.180 Manager-Change of manager. A. A registered manager shall be on the premises of a sexually-oriented business at all times that sexually-oriented entertainment is being provided, performed, featured, shown or presented. A sexually-oriented business may have more than one registered manager. It shall be unlawful for any person to work as a manager of a sexually-oriented business without first registering with the Planning Director. No manager shall work in a sexually-oriented business who has been convicted of a specified criminal act within the time frames set forth in Subsection 3.1 00A.(7) and as so defined. B. In the event a licensee changes the manager of a sexually-oriented business, the licensee shall immediately report such change and register the new manager on forms provided by the Planning Director within ten (10) days of such change. The fee for investigation of a new manager shall be fifty dollars ($50.00). The Planning Director shall cause the application to be investigated and shall approve or disapprove the change of manager within ten (10) days of receipt of a complete application and fee. 3.190 Time limits for entertainment. It shall be unlawful for a sexually-oriented business, except a sexually- oriented motel, to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any day from 2:00 a.m. until 7:00 a.m., unless further restricted by applicable alcohol beverage laws and regulations. 3.200 Standards of conduct. A. The following standards of conduct must be adhered to by employees of any sexually-oriented arcade and employees of any sexually-oriented business which offers, conducts, or maintains live sexually-oriented entertainment: 1 . No employee or entertainer or patron shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of specified KLE\53027\314972 05 -24- anatomical areas, except upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons. This barrier must be a minimum of one-quarter (1/4) inch thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable. 2. No employee or entertainer shall encourage or allow or permit any person upon the premises to engage in specified sexual activities 3. There shall be posted and conspicuously displayed in the common areas of each place offering sexually-oriented entertainment a list of food and drink prices. 4. Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the sexually-oriented business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one (1) or more containers to receive tips Any physical contact between a patron and an entertainer or employee is strictly prohibited. 5. A sexually-oriented business that provides tip boxes shall conspicuously display in the common area of the premises one (1) or more signs in letters at least one (1) inch high to read as follows: SEXUAllY-ORIENTED ENTERTAINMENT IS REGULATED BY THE CITY OF WHEAT RIDGE: All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between patrons and entertainers or employees is strictly prohibited. 6. No sexually-oriented entertainment occurring on the premises shall be visible at any time from outside of the premises. 7. It is the duty of the licensee of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. 8. It is the duty of the licensee and operator of the premises to ensure that any doors to public areas on the premises remain unlocked during business hours. 9. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding KLE\53027\314972.05 -25- restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more managers' stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose excluding restrooms from at least one (1) of the managers' stations. The view required in this subsection must be by direct line of sight from a manager's station. Any person occupying a manager's station shall be clearly visible from any of the interior locations of the premises described herein excluding restrooms. The use of electronic viewing devices, video cameras, photographic equipment, or any other remote viewing devices does not constitute a direct line of sight. A manager's station may not exceed thirty-two (32) square feet of floor area. A manager's station shall be unlocked and be readily accessible for the purpose of routine inspections as provided for in this Chapter. 10. No alteration to the configuration or location of a manager's station may be made without the prior approval of the Planning Director. 11 . It shall be the duty of the licensee, and it shall also be the duty of any manager, agents and employees present in the premises, to ensure that the view area specified in Subsection 9 of this Section remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the license application filed pursuant to this Chapter. 12. A viewing room of less than one hundred fifty (150) square feet for a sexually-oriented arcade shall not be occupied by more than one (1) person at anyone time. 13. Viewing rooms must be separated from other viewing rooms by a solid, uninterrupted physical divider which is a minimum of one-quarter (1/4) inch thick and serves to prevent physical contact between patrons. 14. No person shall make or attempt to make an opening of any kind between viewing rooms. 15. The licensee shall, during each business day, regularly inspect the wall between the viewing rooms to determine if any openings or holes exist. B. Nothing in this section shall be construed to permit any act on the premises of a sexually-oriented business in violation of Title 12, Article 46 or Article 47, C.R.S KLE\53027\314972.05 -26- 3.210 Age restrictions. Admission to sexually-oriented businesses is restricted to persons of the age of eighteen (18) years or older. For those sexually-oriented businesses which offer live sexually-oriented entertainment, the age for allowable admission shall be twenty-one (21) years or older. This minimum age limitation also applies to any employees, agents, servants, or independent contractors working on the premises. 3.220 Entertainer license requirement. No person shall appear, be featured, be shown, or be presented while nude or semi-nude in any commercial establishment or private club unless licensed as an entertainer pursuant to this Chapter. 3.230 Entertainer license. A. Each entertainer to be employed in a sexually-oriented business shall be required to obtain an Entertainer License. Each applicant shall pay a permit of twenty five dollars ($25.00). Said fee is to cover reasonable administrative costs of the licensing application process. B. Each entertainer shall display said entertainer license upon demand by a police officer. C. An applicant for an Entertainer License shall submit on a form to be provided by the Planning Director or designee the following information: 1 The applicant's name or any other names (including "stage" names) or aliases used by the individual, 2. Age, date, and place of birth; 3. Height, weight, hair and eye color; 4. Present residence address and telephone number; 5 Present business address and telephone number; 6 State driver's license or government issued photo identification card; 7. Social Security number; and 8. Acceptable written proof that the individual IS at least twenty- one (21) years of age. KLE\53027\314972.05 -27- 9. Description and identification of the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually-oriented business. The applicant shall attach to the application form a color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the Wheat Ridge Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant. The applicant shall provide a statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, the applicant shall state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. The applicant shall state whether the applicant has been arrested for a specified criminal act, the date of the arrest, and the location of the offense. D. The Planning Director or designee shall refer the Entertainer License for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten (10) days from the date the completed application is filed. After the investigation, the Planning Director or designee shall issue a license unless the report from the police department finds that one or more of the following findings is true: 1 . That the applicant has knowingly made a false statement or knowingly gave false information in connection with the application; 2. That the applicant is under twenty-one (21) years of age; 3. That the applicant has been convicted of a specified criminal act within the time frames set forth in Subsection 3.1 00A.(7) and as so defined; 4. That the Entertainer License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Ordinance; 5. That the applicant has had an Entertainer License revoked or suspended within two (2) years of the date of the current application. E. The Entertainer License may be revoked for a violation of any of the provisions of this Chapter. KLE\53027\314972.05 -28- F. Where the City seeks to revoke a license or deny a license, a licensee shall be entitled to notice, a quasi-judicial hearing before the City Manager or designee, and the right to appeal conducted in the same manner as a hearing for suspension as provided by Section 3.150. 3.240 Lighting requirements. A. All off-street parking areas and premise entries of sexually-oriented businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways consistent with the requirements of Chapter 26 of this Code of Laws. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually-oriented business to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct B. The premises of all sexually-oriented businesses, except sexually- oriented motion picture theaters and sexually-oriented motels, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two (2) foot candles of light as measured at the floor level. C. Sexually-oriented motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than one (1) foot candle of light as measured at the floor level. 3.250 Right of entry. The application for a sexually-oriented business license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department or any other agent of the City to conduct routine inspections of any licensed sexually-oriented business during the hours the establishment is conducting business. 3.260 Signage and Exterior. A. In addition to the other requirements of this Code of Laws, it shall be unlawful for the owner or operator of any sexually-oriented business or any other person to erect, construct, or maintain any sign for the sexually-oriented business other than one "primary sign" and one "secondary sign," as provided herein. In the event of conflict between this section 3 260 and any other provision of this Code of Laws, the more restrictive provision shall govern. KLE\53027\314972 05 -29- B. Primary signs shall have no more than two (2) display surfaces. Each such display surface shall: 1 . Be a flat plane, rectangular in shape; 2. Not exceed seventy-five (75) square feet in area; and 3. Not exceed ten (10) feet in height or ten (10) feet in length. 4. Contain no photographs, silhouettes, drawings or pictorial representations of any manner. C Secondary signs shall have only one (1) display surface. Such display surface shall: 1. Be a flat plane, rectangular in shape; 2. Not exceed twenty (20) square feet in area; 3. Not exceed five (5) feet in height and four (4) feet in width; and 4. Be affixed or attached to any wall or door of the establishment; and 5. Contain no photographs, silhouettes, drawings, or pictorial representations of any manner. D. It shall be unlawful for the owner or operator of a sexually-oriented business to allow exterior portions of the sexually-oriented business to be painted any color other than a single achromatic color. This provision shall not apply to any sexually-oriented business if the following conditions are met: 1. unit center; and The sexually-oriented business is a part of a commercial multi- 2. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the sexually-oriented business are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi- unit center 3.270 Non-Conforming Use. On the effective date of Ordinance 1999-1164 there exists within the City one (1) use which meets the definition of sexually-oriented bookstore, sexually- oriented novelty store or sexually-oriented video store, as well as the definition of sexually-oriented arcade. This use is located at: 12190 West 44th Avenue, Wheat KLE\53027\314972.05 -30- Ridge, Colorado 80033. On the effective date of Ordinance 1999-1644 there exists within the City one (1) use which meets the definition of sexually-oriented bookstore or sexually-oriented video store. This use is located at: and 10109 West 37'h Place, Wheat Ridge, Colorado 80033 These two uses were not regulated prior to the adoption of Ordinance 1999-1644, other than by the location requirements of the previous version of this Chapter, and may continue to exist as legal nonconforming uses after the effective date of said ordinance only if they otherwise comply with the provisions of this Chapter. 1 . The above-listed nonconforming use may be continued if it otherwise comply within three (3) months of the effective date with the provisions of this Ordinance 1999-1164. 2. A conforming building or structure containing this nonconforming use may be repaired, but it may not be structurally altered unless the building, structure, or a portion thereof, is declared unsafe by the City building inspector, in which case the building, structure, or portion thereof declared unsafe may be strengthened, altered, or restored to a safe condition. 3. The nonconforming use shall not be changed to a different nonconforming use; the nonconforming use shall not be changed to any other sexually-oriented business use. 4. The nonconforming use, if changed to a conforming use, may not thereafter be changed to any nonconforming use. 5. The nonconforming use shall not be extended or expanded. An extension or expansion shall include any increase in the floor area of the building or structure in which the nonconforming use is conducted, and any expansion or relocation of the nonconforming use, in whole or in part, to a different part of the building or structure, and any increase in or relocation of display area. 6. If the nonconforming use is discontinued for a period of sixty (60) days or more, regardless of any intent to resume operations, any future use of the building or structure shall be a conforming use. 7. If a conforming building or structure containing a nonconforming use is destroyed or damaged to the extent of more than fifty (50) percent of its value, as determined pursuant to the method of valuation of buildings for permit issuance in the Building Code, any future use of the rebuilt or restored building or structure shall be a conforming use. KLE\53027\314972.05 -31- 3.280 Inspection. A. The Police Department shall, from time to time and at least four times a year, inspect each sexually-oriented business licensed under the provisions of this Chapter In order to assess compliance with the provisions of this Chapter. B The Planning Director shall, from time to time and at least four times a year, request that the Health Commissioner inspect each sexually-oriented business licensed under the provisions of this Chapter in order to assess compliance with the provisions of this Chapter. C. An applicant or licensee shall permit the City Building Inspector and representatives of the City Police Department, Fire Department, or other City departments or agencies, or the Health Commissioner, to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time that it is occupied or open for business. D. A person who operates a sexually-oriented business or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. 3.290 Enforcement. A. If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person upon conviction of such offense shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed one year in jail, or both, in the discretion of the court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. B. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. C. All remedies and penalties provided for in this Chapter shall be cumulative and independently available to the City, and the City shall be authorized to pursue any and all remedies to the full extent allowed by law. 3.300 Severability. Should any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or application thereof to any person or circumstance, be declared by a court of competent jurisdiction to be unconstitutional or invalid for KLE\53027\314972.05 -32- any reason, such decision shall not affect the validity of the remaining portions of this Chapter, or its application to any other person or circumstance, and, to this end, the provisions of this Chapter are declared to be severable. Section 2 Safetv 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. Severabilitv: 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 4. Effective Date. This Ordinance shall take effect one (1) day after final adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of July, 1999, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, July 26, 1999, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Public Hearing continued August 9, 1999. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 this 9th day of August, 1999. SIGNED by the Mayor on this 18th day of August , 1999. WANDA SANG,; I \' ------~ /) (/a ' ~N CERV~~~,'M~YOR ~ ATTEST' KLE\53027\314972.05 -33- First Publication: July 16, 1999 Second Publication: August 27, 1999 Wheat Ridge Transcript Effective Date: August 10, 1999 KLE\53027\314972.05 Approved As To Form By City Attorney ,~) / .-' I Qi/11 Yd:. 0-. ( ; /.uf_'01d' ~- . Gerald E. Dahl, City Attorney