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Home My WebLink About03 - ADULT ENTERTAINMENT FACILITIES . e Sec. 3-1. Sec. 3-2. See. 3-3. Sec. 3-4. See. 3-5. . . Chapter 3 ADULT ENTERTAINMENT FACILITIES* Definitions. Purpose. Maintaining a public nuisance; penalties. Location concentration prohibited-Restrictions described. Same-Waiver of restrictions. "'State law references-Home rul~-powers, Col. Canst. Art. XX, ~ 6; municipal authority to adopt police ardin'anres. C.RS. ~ 31-15-401; municipal authority to license, C.RS. ~ 31-15-501; Colorado Massage Parlor Code, C.RS. ~ 12-48.5-101 et seq. . Supp. No. 21 221 . e . . . ADULT ENTERTAlNMENT FACILITIES ~ 3-2 Sec. 3-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult amusement or entertainment shall mean an amusement or entertainment which is distin- guished or characterized by an emphasis on ma- terial depicting, describing or relating to specified sexual activities or specified anatomical areas or which features topless dancers, topless servers of food or beverages, exotic dancers, strippers, male or female impersonators or similar entertain- ment. Adult bookstore shall mean an establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or character- ized by their emphasis on matter depicting, de- scribing or relating to sexual activities or speci- fied anatomical areas, or an establishment with a segment or section devoted to the sale or display os such material. Adult entertainment facility shall mean an adult bookstore, an adult mini motion picture theater, an adult motion picture theater, an adult estab- lishment, adult photo studio or any facility hous- ing or displaying adult amusement or entertain- ment. Adult establishment shall mean any adult book- store, adult mini motion picture theater, adult motion picture theater, or any combination thereof. Adult mini motion picture theater shall mean an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to speci- fied sexual activities or specified anatomical ar- eas, for observation by patrons therein. Adult motion picture theater shall mean an enclosed building with a capacity of fifty (50) or more persons used for presenting material distin- guished or characterized by an emphasis on mat- ter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Supp. No. 21 Adult photo studio shall mean an establish- ment which, on payment of a fee, provides photo- graphic equipment and/or models for the purpose of photographing specified anatomical areas. Regulated use shall mean any establishment, building or use housing, permitting or containing any adult amusement or entertainment, adult establishment, cabaret or tavern, establishment for the sale of beer or intoxicating liquor for consumption on the premises, hotel or motel, pawn shop, pool or billiard hall, public lodging house, or secondhand store, or any combination thereof. Specified anatomiCal areas shall mean (1) Less than completely and opaquely cov- ered human genitals, pubic region, but- tocks, and female breast below the point intmediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean (1) Human genitals in a state of sexual stim- ulation or arousal; (2) Acts of human masturbation, sexual in- tercourse or sodomy; and (3) Fondling or other erotic touching of hu- man genitals, pubic region, buttock or female breast. (Code 1977, ~ 2A-2) Sec. 3-2. Purpose. (a) The purpose of this chapter is as follows: In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable characteristics, par- ticularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are item- 223 ~ 3-2 WHEAT RIDGE CITY CODE ized in this section. The primary control or regu- lation is for the purpose of preventing a concen- tration of these uses in anyone (1) area (i.e. not more than two (2) such uses within two thousand five hundred (2,500) feet of each other) which would create such adverse effects. (b) In adopting this chapter, the city council and the citizens of the city are concerned with protecting the not incompatible concerns for the preservation oflegitimate First Amendment rights, on the one hand, and the preservation and pro- tection of residential neighborhoods from intru- sion by and concentration of adult-oriented busi- ness, adult entertainment facilities, and regulated uses, on the other hand. Adoption of the condi- tions and restrictions as set forth herein is based upon the city's desire to accommodate in a man- ner consistent with the requirements of the con- stitutions ofthe United States and the state both of these legitimate concerns. It is deemed by the council that the conditions and restrictions set forth herein are necessary for the protection of all legitimate rights, and are no more restrictive than necessary to adequately protect all of such rights. (Code 1977, ~ 2A-1) Sec. 3-3. Maintaining a public nuisance; pen- alties. Any person who owns, operates, establishes or carries on an adult entertainment facility in vio- lation of any of the provisions of section 3-4 is guilty of maintaining a public nuisance and, upon conviction thereof, shall be subject to a fine no less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00), or by imprisonment for a period not exceeding one year, or both such fine and imprisonment. Additionally, any business operated in violation of this chapter may be closed by injunction as a public nuisance. (Code 1977, ~ 2A-5; Ord. No. 1998-1120, ~ 2, 6-8-98) See. 3-4. Location concentration prohibit- ed-Restrictions described. Adult entertainment facilities are subject to the following location restrictions: (1) No adult entertainment facility shall be so located, situated, established, carried Supp. No. 21 on, operated or maintained within one thousand (1,000) feet of any residentially zoned property. Such one thousand (1,000) feet shall be measured from the property line of both the residentially zoned prop- erty and the property line of the adult entertainment facility. (2) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within one thou- sand (1,000) feet of any public or private school, whether preschool or day-care cen- ter, elementary, secondary or high school, nor within one thousand (1,000) feet of any church. Such one thousand (1,000) feet shall be measured from the property line of both the school or church and the property line of the adult entertainment facility. (3) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within one thou- sand. (1,000) feet of any park or play- ground. Such one thousand (1,000) feet shall be measured fromthe property line of both the park or playground and the property line of the adult entertainment facility. (4) No adult entertainment facility shall be located, situated, established, carried on, operated or maintained within two thou- sand five hundred (2,500) feet of any other adult entertainment facility. (Code 1977, ~ 2A-3) Sec. 3.5. Same-Waiver of restrictions. The city council, upon the recommendation of the planning commission, may waive the require- ments of section 3-4 if, and only if, each of the following conditions are established by substan- tial evidence following public hearing at which due process is afforded: (1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed. 224 . e . e . . e . e . ADULT ENTERTAlNMENT FACILITIES {j3-5 (2) The proposed use will not enlarge or en- courage the development of a skid row area. (3) The establishment of an additional regu- lated use of the area will not be contrary to any program of neighborhood conserva- tion nor will it interfere with any program of urban renewal. (4) All other applicable regulations of this city's zoning ordinance will be observed. (Code 1977, ~ 2A-4) Supp. No. 21 (The next page is 2751 225