HomeMy WebLinkAboutOrdinance-2001-1227
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 15-2001
Ordinance No. 1227
Series of 2001
TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE, COLORADO, TO ESTABLISH HOURS OF
OPERATION FOR NIGHTCLUBS AND OTHER PLACES OF ENTERTAINMENT
THAT DO NOT SERVE ALCOHOL BEVERAGES.
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 nightclubs and other places of
entertainment; and
WHEREAS, the City does not currently regulate hours of operation for
nightclubs and places of entertainment that do not serve alcohol beverages; and
WHEREAS, there have been incidents in nightclubs and places of
entertainment in the City that do not serve alcohol beverages, which incidents have
endangered the public health, safety and welfare, by excessive noise, damage to
property, and injury to the patrons of such clubs; and
WHEREAS, some of these incidents have occurred after the hour of two
o'clock (2:00) a.m., the time at which most bars and places of entertainment that
serve alcohol beverages close; and
WHEREAS, the Council finds and determines that it would advance the
public health, safety and welfare to restrict the hours of operation of nightclubs
and places of entertainment that do not serve alcohol beverages to the hours that
bars and places of entertainment that serve alcohol beverages are open.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
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Section 1. Chapter 11 of the Code of Laws of the City of Wheat Ridge is
hereby amended by the addition of an Article VIII to read in its entirety as follows:
ARTICLE VIII. NIGHTCLUBS
Sec. 11-200. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Alcohol beverages means fermented malt beverage or malt, vinous, or
spirituous liquors, as defined by Article 47, Colorado Revised Statutes, as existing
or as hereafter amended.
Nightclub and place of entertainment mean an establishment at which
alcohol beverages are not served pursuant to a valid liquor license issued by the
state of Colorado and the City of Wheat Ridge, where, in consideration of payment,
persons are admitted to listen to music, dance, play games, or watch or participate
in any other form of entertainment. Notwithstanding the foregoing, a night club
and place of entertainment shall also mean an establishment licensed to serve
alcohol beverages with respect to any attempt by such establishment to operate
between the hours of two o'clock (2:00) a.m. and seven o'clock (7:00) a.m. daily,
where, in consideration of payment, persons are admitted to listen to music, dance,
play games, or watch or participate in any other form of entertainment.
Person means a natural
corporation, or organization or a
thereof.
person, partnership, association, company,
manager, agent, servant, officer, or employee
Sec. 11-201. Hours of operation.
It is unlawful for any person to operate or cause or permit to be operated any
nightclub or place of entertainment between the hours of two o'clock (2:00) a.m.
and seven o'clock (7:00) a.m. daily.
Sec. 11-202. Right of entry.
(a) For purposes of ascertaining violations of this article, the right of entry
into a nightclub or place of entertainment between the hours of two o'clock (2:00)
a.m. and seven o'clock (7:00) a.m. daily, during which activity is in evidence is
hereby granted to the Chief of Police of the Wheat Ridge Police Department, or his
or her authorized representative, all of whom are empowered to conduct a
reasonable inspection or investigation.
(b) It shall be unlawful to hinder, prevent or refuse to permit any lawful
inspection or investigation authorized under the terms of this article.
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Sec. 11-203. Exemptions.
(a) The following establishments are exempt from the provisions of this
article:
(1) Publicly-owned facilities, including the City of Wheat Ridge
Recreation Center, public libraries, and public schools; and
(2) Churches, synagogues, temples, and other facilities whose
primary purpose is religious worship or spiritual meditation.
(3) Bowling alleys
(b) An establishment that would otherwise be subject to the provisions of
this article is exempt when one of the following events is held at such
establishment. This exemption shall be temporary and shall apply only during the
period of time that one of the events listed in this subsection is being conducted in
the establishment:
(1) Events organized and operated by non-profit and religious
organizations; and
(2) Dances, proms and other social gatherings intended for
students, organized and operated by a public or private
elementary, middle, or high school.
Sec. 11-204. Penalties for Violation.
Any person violating any provision of this article shall be guilty of a
misdemeanor and, upon conviction of such violation, shall be subject to the
penalties set forth at Section 1-5 of this Code of Laws. Nothing contained in this
section, however, shall limit the City's ability to enforce any other provision of the
Code of Laws of the City of Wheat Ridge within or otherwise on the property of a
nightclub or place of entertainment subject to this article. This section shall not be
construed as an affirmative defense to a violation of Section 16-179 of this Code
concerning the curfew of minors.
Sees. 11-205 - 11-215. Reserved.
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.
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Section 3. Severabilitv: Conflictina 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 fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 10th day of September, 2001, 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 September 24, 2001, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue. Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 ,this 24th day of September, 2001.
SIGNED by the Mayor on this 5th
day of October
,2001.
First Publication: September 13, 2001
Second Publication: October 11, 2001
Wheat Ridge Transcript:
Effective Date: Oc tober 26, 2001
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