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HomeMy WebLinkAboutOrdinance-2007-1388 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 08-2007 Ordinance No. 1388 Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS WHEREAS, the City Council finds that there has been an increase in complaints regarding the operation of social clubs in the City, specifically with respect to crime, disorderly conduct, litter, noise, traffic and parking; and WHEREAS, such operation of social clubs affects the livability of the adjacent neighborhoods, especially residential neighborhoods; and WHEREAS, the City Council desires to minimize and control the adverse effects that social clubs may have within the City 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; and WHEREAS, Colorado courts have determined that social clubs are not subject to the state's beer and liquor license codes; and WHEREAS, separating social clubs from residential neighborhoods would serve to protect the health, safety and welfare, improve the quality of life, and protect property values of the citizenry; and WHEREAS, the regulation of social clubs within the City through licensing would protect and preserve the health, safety and welfare of the patrons of such clubs as well as the citizens of the City; and WHEREAS, nominal license fees are directly related to the cost of regulating social clubs and are necessary to help defray the expense incurred by the City of such regulation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: V 4020907 Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits and Miscellaneous Business Regulations," is hereby amended by adding a new Article XI, Social Clubs, as follows: ARTICLE XI. SOCIAL CLUBS Sec. 11-250. 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: Applicant means and includes: (1) If an individual, that person making an application for a license under this article; (2) If a partnership, the partners owning ten (10) percent or more of the partnership which is making application for a license under this article; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, manager and each stockholder owning ten (10) percent or more of the stock of the corporation. Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors as those terms are defined in the Colorado Beer Code and the Colorado Liquor Code at C.R.S. SS 12-46-103 and 12-47-103, respectively; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1 )(i)(II), C.R.S. Assault means a knowing or reckless or criminally negligent causing of bodily injury of a person by another. City manager means the city manager for the City of Wheat Ridge, Colorado, or the city manager's designee. Club or lodge, private means an association of persons for the promotion of some nonprofit common object, such as literature, science, politics or good fellowship, meeting periodically, limited to members, within a building, not more than one-third (1/3) of the gross floor area of which is used for residential occupancy. Examples: Elks, Masons, Kiwanis, etc. Disorderly conduct means the intentional, knowing, or reckless: V 4020907 2 (1) Making of a coarse and obviously offensive utterance, gesture or display when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace; (2) Abusing or threatening a person in an obviously offensive manner; or (3) Fighting with another in a public place, except as a participant in a sporting event. Finance division means the finance division for the City of Wheat Ridge, Colorado. Investigator means a member of the Wheat Ridge Police Department. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this article. Patron means a person present during the time the social club is open and operating who is not the licensee or its manager, employee, or agent. Premises means that area as defined in the social club license. Social club means a private business that leases space to persons for private events, such as parties or fundraisers. Social clubs do not include liquor licensed establishments, private clubs or lodges, hotels, public and private schools, colleges or universities, or churches. All other words and phrases used in this article shall have the meanings attached by this Code or by the Colorado Statutes regulating the sale of liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Sec. 11-251. Location of social clubs. (a) It is unlawful to operate or cause to be operated a social club in any location except as provided in this Code. (b) It is unlawful to operate or cause to be operated a social club within one hundred (100) feet of the property line of any lot, tract or parcel of land within the City which is zoned for residential use, or zoned A-1 or A-2 and used for residential purposes. (c) For the purpose of subsection (b) of this section, the distance between a social club and a residential district or a residential lot shall be measured in a V 4020907 3 straight line, without regard to intervening structures, objects or city limits, from the closest exterior wall of the structure in which the social club is located to the property line of such use. (d) A social club lawfully operating on the effective date of this article, , 2007, is not rendered a nonconforming use by the present or subsequent location of a residential district or a residential lot within one hundred (100) feet of the social club; however, if a social club becomes a legal, nonconforming use as a result of the passage of this ordinance and it 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. (e) A social club lawfully operating within the city as of the effective date of this article that does not conform with the zoning requirement of Chapter 26 of this Code may continue to exist as a legal nonconforming use after the effective date of this article only if it otherwise complies with the provisions of this article within ninety (90) days of the effective date of this article. The city's regulations concerning nonconforming uses, found at Section 26-120 of this Code, shall apply to such nonconforming uses. Sec. 11-252. License required; original license fee; application fees; license renewal. (a) No person shall conduct or operate a social club without first having obtained a social club license issued by the city as required by this article. This requirement to obtain a social club license is in addition to the requirement to obtain a business license pursuant to Article II of this Chapter. Each applicant shall pay an initial social club license fee of five hundred dollars ($500.00). (b) 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 finance division: (1) An application processing fee of one hundred fifty dollars ($150.00). Such application fee shall be nonrefundable. (2) 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 article, plus those costs incurred by the City for outside agency review pursuant to section 11-255(b). Such application investigation fee shall be nonrefundable following a determination by the finance division that the application is complete in accordance with section 11-254. 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 finance division's determination that the application is complete. V4020907 4 (c) In the event an application for a social club license is withdrawn prior to issuance or to being denied, the original license fee, but not the application processing fee or the application investigation fee, shall be refunded in full to the applicant. (d) Renewal of an existing license issued pursuant to this article 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 finance division not less than forty-five (45) days prior to the date of license expiration. The finance division 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 finance division from any licensee after the license expires. (e) A license that is under suspension may be renewed 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. Sec. 11-253. License application. (a) All applicants for a social club license shall file a completed application for such license with the finance division on forms to be provided by the finance division. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the 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. The Wheat Ridge police department shall thereafter forward such photographs and fingerprints to all appropriate referral agencies, including the finance division who shall include them in the application. (2) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) 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; V4020907 5 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. (3) The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b )(1) of this section has previously operated or is currently operating or has been employed at an unlicensed social club as defined in this article or has had a previous social club license under this article or other social club ordinances, resolutions or regulations from another municipality or county denied, suspended or revoked, or declared a public nuisance, including the name and location of the social club 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 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 social club whose license has previously been denied, suspended or revoked, including the name and location of the social club for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. The applicant shall state whether the applicant or any other individual listed pursuant to subsection (b )(1) of this section holds any other licenses under this article or other similar social club ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses; (4) The location of the proposed social club, including a legal description of the property, street address, and telephone number(s), if any; (5) Proof of the applicant's right to possession of the premises wherein the social club will be conducted; (6) The applicant's mailing address and residential address; (7) 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, such information for the individuals listed in subsection (b)(2)b., c. and d V 4020907 6 (8) A current improvement location certificate depicting parking areas, location and type of exterior lighting, trash storage areas, loading areas, entrances to the structure and existing setbacks of all structures and a straight- line drawing prepared by a land surveyor, prepared within thirty (30) days prior to the application, and depicting the property lines and the structures containing any social club within one hundred (100) feet of the closest exterior wall of the structure in which the social club will be located and the property line of any church, school, child care facility, public park, recreational center, community center, residential zone district, or a residential lot within one hundred (100) feet from the closest exterior wall of the structure in which the social club will be located. (9) If the applicant intends to operate the social club under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. Sec. 11-254. Determination of completed application. (a) Not more than ten (10) days following submission of an application, the finance division shall review the application for completeness and conformance with the application requirements of section 11-253. The finance division shall not accept for filing any application that is not complete in every detail. (b) All applicants shall promptly notify the finance division 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 social club license issued to the applicant. Sec. 11-255. Investigation. (a) Upon receipt of a complete application, the finance division shall transmit the application to the Wheat Ridge police department, which shall cause the investigation of the applicant and the manager of the social club and the accuracy of the information provided in the application. The police department shall submit a written report of the investigation to the finance division within thirty (30) days after receiving the application from the finance division. (b) Within five (5) days of receipt of an application for a social club license, the finance division shall notify the local fire marshal and the community development department of such application. Review costs incurred by the City for outside referral agency review shall be paid by the applicant as part of the application investigation fee imposed pursuant to section 11-252(b )(2). V4020907 7 (c) The local fire marshal and the community development department shall commence the inspection of the premises for which a social club 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 and the zoning code within fifteen (15) days after receipt of the application. (d) The finance division may cause to be conducted any other investigation deemed necessary to determine the application's conformance with any requirement of this article. Sec. 11-256. Approval or denial of application. (a) A completed license application shall be administratively approved or denied by the finance division within sixty (60) days of the date of the filing of a complete application. The finance division shall deny a license application if: (1) The applicant is under the age of eighteen (18) years; (2) The application or any investigation performed or ordefed by the city demonstrates or establishes that the proposed social club fails to conform to any requirement of this article, 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, partnef of a partnership, or manager of a limited liability company or managef of the social club has had a social club license revoked or suspended within five (5) years prior to the application; (5) The individual applicant or a director or officer of a corporation, Of partner of a partnership or manager of a limited liability company or manager of the social club has operated a social club as defined in this article which was determined to be a public nuisance under state, federal or local law within five (5) yeafs prior to the application; (6) A partnership, corporate or limited liability company applicant is not in good standing or authorized to do business in the State of Colorado; or (7) 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 felation to any business in which the applicant is the owner of at least a ten pefcent (10%) interest. V4020907 8 (b) In the event that the finance division approves a license application, the finance division shall notify the applicant of such approval in writing, sent by certified mail to the address of the applicant as shown in the application. Nothing in this article shall prevent or preclude the finance division 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 social club license. Issuance of a license shall be made only in accordance with section 11-257. The decision of the finance division to approve a license application shall not be construed as a quasi-judicial act but shall be a final administrative decision of the city. (c) The finance division's approval of a license application shall be valid for one year following the date of approval. Failure to obtain the issuance of the license pursuant to section 11-257 within such one-year period shall require the submission of a new application. (d) In the event that the finance division denies a license application, the finance division shall prepare written findings of fact and a decision stating the reasons or basis for the denial. A copy of the finance division'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 finance division's denial. The finance division's decision to deny a license application shall become a final administrative decision of the city on the fourteenth day following the date of the decision unless the applicant files a timely request for appeal to the city manager as provided by section 11-260. Sec. 11-257. Issuance of license. (a) No license shall be issued by the finance division 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 article 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. (b) If the licensed premises has been closed or inactive for at least sixty (60) days, the finance division may revoke or elect not to renew the license. Sec. 11-258. Term of the license. All licenses issued pursuant to this article shall be valid for twelve (12) months from the date of issuance, unless sooner revoked. V4020907 9 Sec. 11-259. Suspension; revocation of license. (a) The finance division may suspend or revoke a license upon a finding of any of the following factors: (1) Any incident of disorderly conduct, a violation of Chapter 16 of this Code, or any violation of Sections 11-263 through 11-268 of this Article have occurred 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; (3) The licensee or manager is not upon the licensed premises at all times that the licensed premises is open for business or at all times when the licensed premises is occupied by any employee, agent, patron, invitee, or other person; (4) The licensed premises was open for business during hours prohibited by this article; (5) The licensee, manager, or employee 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, 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 public urination or defecation within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment; (7) The licensee, manager, or employee has allowed the consumption of an alcohol beverage within the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, by (1) any person under the age of twenty-one (21) years; (2) a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any person under the age of eighteen (18) years to participate in the serving of an alcohol beverage within the licensed premises. V4020907 10 (8) 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; (9) The licensee, manager, or employee knowingly violated or knowingly allowed or permitted a violation of any provision of this article; (10) A manager of the licensed establishment is under the age of eighteen (18) years; (11) 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; (12) The licensee is delinquent in payment to the city or state for any taxes or fees past due; or. (13) Any other violation of this Article. (b) No such suspension shall be for a longer period than six (6) months. (c) In the event of suspension or cessation of business, no portion of the license fee shall be refunded. (d) In addition to the factors listed in subsection (a), the finance division may revoke any license granted pursuant to this article upon a finding that either: (1) The social club was operated and open during a period of time when the social club license was suspended; or (2) The license application should have been denied under the criteria set forth in section 11-256(a). Sec. 11-260. Appeals. (a) Application denial. In the event that the finance division denies a license application, an applicant shall have the right to a quasi-judicial hearing before the city manager for the purpose of appealing the finance division's administrative decision. A written request for a hearing shall be made to the city manager within ten (10) days of the date of the mailing of the finance division's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the city manager's receipt of the written request for a hearing unless a later date is requested by the applicant. Upon receipt of a timely request for a hearing, the city manager 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. V4020907 11 An applicant may be represented at the heafing by an attorney Of other representative. An applicant Of the city may fequest a continuance Of postponement of the hearing date. In no event shall the city be entitled to more than one (1) continuance unless agreed to by the applicant. (b) Suspension; revocation. If the city seeks to suspend or revoke a license, the licensee shall be entitled to a quasi-judicial hearing before the city manager. When there is probable cause to believe that a licensee has violated Of permitted a violation of this article to occur in or near the licensed establishment, the city attorney may file a written complaint with the city manager setting forth the circumstances of the violation. The city managef 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 fOf 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. (c) The city manager shall have the power to issue subpoenas gfanted to municipal courts pursuant to the Colorado municipal court rules of procedure, Rule 217; the power to administer oaths; and, when necessary, the power to grant continuances. (d) At the hearing, the city managef shall hear and consider such evidence and testimony presented by the city, the applicant, and any other witnesses presented by the city or the applicant which are relevant to (i) the stated reason and basis for the finance division's denial of the license application or (ii) whether the violations that afe the basis for the suspension or revocation occurred. The city manager shall conduct the hearing in confofmity with quasi-judicial proceedings and shall pefmit the felevant testimony of witnesses, cross- examination, and presentation of relevant documents and other evidence. The hearing shall be recorded 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 shall send a written order by certified mail, return feceipt requested, to the applicant or licensee at the address as shown on the application or license, as applicable. (1) In the case of an application denied by the finance division, the order shall include findings of fact and a final decision concerning the approval or denial of the application. If the city manager approves the application, such approval shall constitute approval by the finance division, and the applicant may seek issuance of a license in accordance with Section 11-257. V4020907 12 (2) In the case of a suspension or revocation, the city manager shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. If the city manager determines that a violation did occur that warrants suspension or revocation of the license pursuant to Section 11-259, the city manager shall also issue an order suspending or revoking the license. A copy of the findings, 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) The order of the city manager 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) or to the Wheat Ridge Municipal Court pursuant to this subsection (f). For purposes of any appeal, the city manager'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. Sec. 11-261. Display of license; transferability; change of ownership; change of corporate structure. (a) Any social club license issued pursuant to the terms of this article shall be prominently displayed at all times upon the premises for which the license was issued. (b) Licenses issued under this article 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 social club license may 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 processing fee and the application investigation fee as required by subsection (b) of Section 11-252. Any such change shall be reported on forms provided by the finance division 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 11-253. Approval or denial by the finance division of such transfer shall be upon the same terms as provided for in this article for the approval or denial of a social club license. (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 article is separate and distinct, and no person shall exercise any of the privileges granted under any license other than V 4020907 13 that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location. Sec. 11-262. Manager; change of manager. (a) A registered manager shall be on the premises of a social club at all times that the social club is open and operating. A social club may have more than one (1) registered manager. It shall be unlawful for any person to work as a manager of a social club without first registering with the finance division. (b) In the event a licensee changes the manager of a social club, the licensee shall immediately report such change and register the new manager on forms provided by the finance division within ten (10) days of such change. The new manager shall be photographed and fingerprinted by the Wheat Ridge police department and shall be investigated pursuant to Section 11-255, above. The fee for investigation of a new manager shall be one hundred dollars ($100.00). The finance division shall cause the application to be investigated and shall approve or disapprove the change of manager, based on the applicable standards of denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a complete application and fee. Sec. 11-263. Hours of operation. It shall be unlawful for a social club 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. Sec. 11-264 Security requirements. In addition to a registered manager, security guards shall be present at all times the social club is open and operating. Security guards shall be charged with observing the behavior of patrons to ensure that no violations of this article take place. There shall be one security guard present for every one hundred patrons. Sec. 11-265. Indoor activities. All activities at the social club shall be conducted indoors and no patrons shall be allowed to linger outside the social club unobserved or for longer than 15 minutes. Sec. 11-266. Lighting requirements. (a) All off-street parking areas and premise entries of social clubs 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 V4020907 14 light on the parking surface and/or walkways consistent with the requirements of chapter 26 of this Code. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct. (b) All social clubs 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. Sec. 11-267. Noise; vibration. The licensee shall insure that noise or sound and vibration do not disturb the peace of the neighborhood in which it is located. It shall be unlawful for noise or sound to emanate from any social club if such noise or sound is louder than a normal conversation when heard at or inside the property line of property other than that of the social club itself. It shall be unlawful for a social club to emit vibration through the air or the ground if such vibrations are perceivable beyond the property line of the social club. Sec. 11-268. Notification of certain conduct in licensed premises. (a) Any licensee and its employees shall immediately report to the Wheat Ridge police department any unlawful act, disorderly conduct or assault committed on the premises. (b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign to be provided by the city clerk's office which shall be in the following form: WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment. (c) It shall not be a defense to a prosecution of a licensee under this section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when such agent, servant or employee is absent from the premises. (d) Failure to comply with the requirements of this section may be considered by the finance division in any action relating to revocation, suspension or non- renewal of a license. A violation of this section is also a criminal offense, V 4020907 15 punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. Sec. 11-269. Right of entry; inspection. (a) The application for a social club license shall constitute consent of the licensee and his agents or employees to permit the Wheat Ridge Police Department, the city building inspector, the health commissioner, any representatives of the fire department or any other agent of the city to conduct routine inspections of the social club during the hours the establishment is conducting business to insure compliance with the law. (b) A person who operates a social club or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. Section 2. 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 3. 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 14th day of M~v , 2007, 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 June 11 , 2007, 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 11 th day of June ,2007. V 4020907 16 SIGNED by the Mayor on this 12th day of June f\ 1-- ~ ~t I\j~" rJJtv~ Jerry tiTflliO, Mayor I 2007. ATTEST: ~ Michael Snow, City Clerk First Publication: May 17. 2007 Second Publication: June 14, 2007 Wheat Ridge Transcript Effective Date: June 29, 2007 V4020907 17 /