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ADULT BUSINESSES
Sections:
5.47.010 Findings of fact.
5.47.020 Legislative intent.
5.47.030 Definitions.
5.47.040 Location of adult businesses.
5.47.050 License required-Fee.
5.47.060 License application.
5.47.070 Determination of completed application.
5.47.080 Application fee.
5.47.090 Investigation.
5.47.100 Approval of license or denial of application.
5.47.110 Appeal of application denial.
5.47.120 Issuance of license.
5.47.130 Term of the license.
5.47.140 License renewal.
5.47.150 Suspension of license.
5.47.160 Revocation of license.
5.47.170 Display-Transferability-Change of ownership-Change
of corporate structure.
5.47.180 Manager-Change of manager.
5.47.190 Time limits for entertainment.
5.47.200 Standards of conduct.
5.47.210 Age restrictions.
5.47.220 Entertainer requirement.
5.47.230 Entertainer license.
5.47.240 Lighting requirements.
5.47.250 Right of entry.
5.47.260 Signage and exterior.
5.47.270 Nonconforming use.
5.47.280 Enforcement.
5.47.290 Severability.
5.47.010 Findings of fact.
The City Council finds:
A. There are a substantial number of adult 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.
B. The City Council and staff have conducted a review of land use studies concerning
the secondary effects of adult businesses in other cities including, but not
limited to:
1. Phoenix, Arizona
2. Tucson, Arizona
3. Garden City, California
4. Los Angeles, California
5. Denver, Colorado
6. Indianapolis, Indiana
7. New York, New York - two studies
8. Oklahoma City, Oklahoma
9. Amarillo, Texas
10. Austin, Texas
11. Houston, Texas
C. Regulation of adult 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 including sexual assaults, and property crimes.
D. Adult businesses are frequently used for unlawful and unhealthful sexual
activities, including prostitution and sexual liaisons of a casual nature. Sexual
acts, including masturbation and oral and anal sex, occur at adult 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).
E. The concern over sexually transmitted diseases, including HIV, is a legitimate
health concern of the City which demands reasonable regulation of adult businesses
in order to protect the health and well-being of the citizens.
F. Adult businesses have a deleterious effect on both neighboring businesses
and surrounding residential areas causing an increase in crime and a decrease
in property values.
G. It is recognized that adult businesses have serious objectionable characteristics,
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.
H. The City Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizens; preserve the
quality of life; preserve the property values and character of surrounding neighborhoods;
deter the spread of urban blight and protect the citizens from increased crime.
I. The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses which includes those encountered
when children walk through or visit in the immediate neighborhood of such businesses.
J. It is necessary to have a manager on the premises of adult businesses at
all times that such establishments are offering adult entertainment so that
there will be an individual responsible for the overall operation of the establishment,
including the actions of patrons, entertainers, and other employees.
K. The license fees required are necessary as nominal fees designed to help
defray the substantial expenses incurred by the City in regulating adult businesses
and are related to the actual costs of said regulation.
L. Removal of doors on viewing booths in adult businesses 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 this
Chapter and other federal, state, and local laws, thereby furthering the substantial
governmental interest in protecting the public health, safety, and welfare.
M. Preventing prostitution and the spread of sexually transmitted diseases are
clearly within the City's police powers. Prohibiting physical contact between
entertainers and patrons at an adult business, prohibiting entertainers from
soliciting payment of gratuities from patrons, and the direct payment of gratuities
to entertainers by patrons are a reasonable and effective means of addressing
these legitimate governmental interests. It is not the intent of the City to
place any impermissible burden on any constitutionally protected expression
or expressive conduct by the enactment or enforcement of such regulations.
N. Requiring sufficient lighting in adult businesses will advance the substantial
governmental interest in curbing illegal sexual activity on the premises of
adult businesses, and will facilitate enforcement of the provision of this Chapter
and other federal, state, and local laws, thereby furthering the substantial
governmental interest in protecting the public health, safety, and welfare.
O. The disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of adult businesses, and by entertainers
employed by such businesses, will facilitate the enforcement of the provisions
of this Chapter and other federal, state, and local laws, and will thereby further
the substantial government interest in protecting the public health, safety,
and welfare. A person who recently has been convicted of a sexually related
crime is not an appropriate person to operate or entertain in an adult business.
The fact that an applicant, manager, or an entertainer has been convicted of
a sexually related crime leads to the rational assumption that the applicant
may engage in conduct in contravention of this Chapter.
P. Barring such individuals from operating, owning, or entertaining in an adult
business 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.
Q. Restricted hours of operation will further prevent the adverse secondary
effects of adult businesses.
R. Locational criteria alone do not adequately protect the health, safety, and
general welfare of the citizens and thus certain requirements with respect to
the licensing and operation of adult businesses are in the public interest.
S. Licensing is a legitimate and reasonable means of accountability to ensure
that the operators of an adult business comply with reasonable regulations and
to ensure that operators do not knowingly allow their establishments to be used
as places of illegal sexual activity or solicitation. It 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.
T. It is necessary to limit the age of patrons and employees of adult businesses
in order to protect juveniles from the potentially harmful consequences associated
with such businesses. (Ord. O-2003-15 § 1, 2003; Ord. O-99-14 § 1,
1999; Ord. O-93-15 § 1 (part), 1993).
5.47.020 Legislative intent.
It is the intent and purpose of this Chapter to regulate the time, place, and
manner in which adult entertainment is presented in adult 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 adult businesses within the City, thereby reducing or eliminating
the adverse secondary effects of adult businesses, and not to prohibit adult
entertainment or to curtail constitutionally protected freedom of expression.
Additionally, it is the purpose of this Chapter to clarify various provisions
of the current Lakewood ordinance regulating adult businesses. (Ord. O-99-14
§ 1, 1999; Ord. O-93-15 § 1 (part), 1993).
5.47.030 Definitions.
For the purposes of this Chapter, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
"Adult 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 any one 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.
"Adult bookstore," "adult novelty store" or "adult
video store" means a commercial establishment which devotes a significant
or substantial portion of its business to any one (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,
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;
B. The sale or rental of 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:
1. A significant or substantial portion of its stock in trade consists of the
items listed in A. and/or B. above; or
2. 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
3. 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
4. A significant or substantial portion of its advertising is devoted to the
items listed in A. and/or B. above.
"Adult business" means an adult arcade, adult bookstore, adult cabaret,
adult novelty store, adult video store, nude model studio, adult motel, adult
motion picture theater, or sexual encounter center.
"Adult cabaret" means a nightclub, bar, restaurant, concert hall,
auditorium, or other commercial establishment or private club which regularly
features or presents live adult entertainment.
"Adult entertainment" means any exhibition, display, or dance which
involves the exposure to view of specified anatomical areas.
"Adult motel" means a hotel, motel or similar commercial establishment
which:
A. Offers accommodations to the public for any form of consideration; 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; and has a sign visible from
the public right-of-way which advertises the availability of this adult type
of photographic reproduction; 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.
"Adult 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 characterized
by an emphasis upon the depiction, display or exhibition of specified sexual
activities or specified anatomical areas. Any establishment meeting the definition
of an adult arcade is not an adult motion picture theater.
"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
are regularly conducted.
"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.
"Entertainer" means a person who performs, dances, or otherwise entertains
while nude or semi-nude in an adult 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
any one 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;
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 offers, for the purpose of sexual arousal, gratification,
or abuse, for any form of consideration, a place where two (2) or more persons
may congregate, associate, or consort and engage in specified sexual activities
or expose specified anatomical areas. This definition does not apply to any
actions in compliance with Chapter 5.52 of the Lakewood Municipal Code 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.
"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
B. 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,
or sodomy;
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. (Ord. O-2003-15 §
2, 2003; Ord. O-99-14 § 1, 1999; Ord. O-97-14 § 1-3, 1997; Ord. O-93-15
§ 1 (part), 1993).
5.47.040 Location of adult businesses.
A. It is unlawful to operate or cause to be operated an adult business in any
location except as provided in the Lakewood Zoning Ordinance.
B. It is unlawful to operate or cause to be operated an adult business within
seven hundred fifty (750) feet of the property line of the following, whether
located inside or outside the municipal boundaries:
1. A church;
2. A school or child care facility;
3. A public park, recreational center, or community center; or
4. A lot zoned for residential use.
C. It is unlawful to cause or permit the operation of an adult business within
one thousand (1,000) feet of another adult business or a massage parlor as defined
by Section 5.52.020 of this Code. The distance between any two (2) such businesses
shall be measured in a straight line, without regard to intervening structures
or objects, from and to the closest exterior wall of the structure in which
the adult business is located.
D. It is unlawful to cause or permit the operation or maintenance of more than
one (1) adult business in the same building, structure, or portion thereof.
E. For the purpose of Subsection B. of this Section, the distance between an
adult 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 adult business is located to the property line of such uses.
F. An adult 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 adult business; however, if
the adult business ceases operation for a period of one hundred eighty (180)
days or more regardless of any intent to resume operation, it may not recommence
operation in that location. (Ord. O-99-14 § 1, 1999; Ord. O-93-15 §
1 (part), 1993).
5.47.050 License required-Fee.
A. No person shall conduct or operate an adult business without first having
obtained an adult business license 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 an adult 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.
(Ord. O-99-14 § 1, 1999; Ord. O-97-14 § 4, 1997; Ord. O-93-15 §
1 (part), 1993).
5.47.060 License application.
A. All applicants for an adult business license shall file a completed application
for such license with the City Clerk on forms to be provided by the City Clerk.
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 Lakewood Police Department within ten (10) days of
the applicant requesting such photograph and fingerprinting.
B. The completed application shall contain the following information and shall
be accompanied by the following information or documents:
1. If the applicant is:
a. An individual, the individual shall state his legal name and any aliases
and submit satisfactory proof that he 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, provide a copy
of the partnership agreement, if any, and submit satisfactory proof that each
partner is eighteen (18) years of age or older;
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 and directors, satisfactory proof that
they are eighteen (18) years of age or older, 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 the manager, satisfactory proof that the manager is eighteen (18)
years of age or older, and the name of the registered agent and the address
of the registered office for service of process.
2. 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 adult business as defined in this Chapter or
has had a previous adult business license under this Chapter or other adult
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 adult business for which the permit was denied, suspended,
revoked, or declared a public nuisance, as well as the date of the denial, suspension,
revocation or declaration as a public nuisance. Additionally, 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 an adult business whose license
has previously been denied, suspended, revoked, or declared a public nuisance
including the name and location of the adult business for which the license
was denied, suspended, revoked, or declared a public nuisance as well as the
date of the denial, suspension, revocation, or declaration as a public nuisance.
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
adult business ordinance from another city or county and, if so, the names and
locations of such other permitted businesses;
3. State the location of the proposed adult business, including a legal description
of the property, street address, and telephone number(s), if any;
4. Provide proof of the applicant's right to possession of the premises wherein
the adult business will be conducted;
5. State the applicant's mailing address and residential address;
6. State the applicant's social security number and/or his federally issued
tax identification number;
7. Provide 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 5.47.200. 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 an adult
motion picture theater, adult motel, adult bookstore, adult novelty store, or
adult video store;
8. Provide a current improvement location certificate and straight-line drawing
prepared by a land surveyor, prepared within thirty (30) days prior to the application.
Additionally, said document shall depict the property lines and the structures
containing any adult business or massage parlor within one thousand (1,000)
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
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. Provide evidence from the Lakewood Community Planning and Development Department
that the proposed location of such business complies with the locational requirements
of the zoning ordinance. Said evidence shall be supplied by the Lakewood Community
Planning and Development Department within ten (10) days of the applicant requesting
such information.
10. Provide a verified affidavit that the proposed adult business and its location
comply with and conform to all requirements of this Chapter;
11. State whether the applicant or any person pursuant to Subsection A of this
section has been convicted of a specified criminal act, the date of the conviction,
and the location of the offense. (Ord. O-2003-15 § 3, 2003; Ord. O-99-14
§ 1, 1999; Ord. O-97-44 § 1, 1997; Ord. O-97-14 § 5, 1997; Ord.
O-93-15 § 1 (part), 1993).
5.47.070 Determination of completed application.
A. Not more than ten (10) days following submission of an application, the City
Clerk shall review the application for completeness and conformance with the
application requirements of Section 5.47.060. The City Clerk shall not accept
for filing any application that is not complete in every detail. If an omission
or error is discovered by the City Clerk, the application shall be rejected
by the City Clerk and returned to the applicant together with a written explanation
of the omission or error without further action by the City Clerk. Any application
rejected by the City Clerk due to an omission or error may be resubmitted to
the City Clerk when the omission or error has been remedied. For the purposes
of this Chapter, the date the City Clerk determines that an application is complete
and in conformance with the application requirements of Section 5.47.060 in
every detail shall be the date the application is deemed filed with the City
Clerk.
B. All applicants shall promptly notify the City Clerk 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 adult business
license issued to the applicant. The failure to notify the City Clerk 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 the City Clerk, shall
be grounds for revocation of any application approval or, where a license has
been issued, suspension or revocation of an issued adult business license. (Ord.
O-99-14 § 1, 1999).
5.47.080 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 City Clerk:
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 Colorado
Department of Public Safety for each person who will be investigated as required
by this Chapter. Such application investigation fee shall be nonrefundable following
a determination by the City Clerk that the application is complete in accordance
with Section 5.47.070. 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 City Clerk's determination that the application is
complete. (Ord. O-99-14 § 1, 1999; Ord. O-97-14 § 6, 1997; Ord. O-93-15
§ 1 (part), 1993).
5.47.090 Investigation.
A. Without undue delay following the City Clerk's determination that an application
is complete, the City Clerk shall transmit the application to the Lakewood Police
Department for investigation of the background of each individual applicant,
the partners of a partnership, the officers and directors of a corporation,
and the manager of a limited liability company, and manager of the adult business,
and to investigate 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 5.47.060 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. The City Clerk may cause to be conducted any other investigation deemed necessary
by the City Clerk to determine the application's conformance with any requirement
of this Chapter including, but not limited to, an investigation of the proposed
adult business location's conformance with the Lakewood Zoning Ordinance, Lakewood
Subdivision Regulations, or other applicable laws. (Ord. O-99-14 § 1, 1999;
Ord. O-97-14 § 7, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.100 Approval of license or denial of application.
A. A completed license application filed with the City Clerk shall be administratively
approved or denied by the City Clerk within thirty (30) days of the date of
the filing of the application. The City Clerk shall deny a license application
if:
1. The applicant, or partner or corporate officer or director or manager of
a limited liability company is under the age of eighteen (18) years;
2. The application or any investigation performed by the City demonstrates or
establishes that the proposed adult business fails to conform to any requirement
of this Chapter, the Lakewood Zoning Ordinance, Lakewood Subdivision Regulations,
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
adult business has had an adult 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
adult business has operated an adult business which was determined to be a public
nuisance under state, federal or local law within five (5) years prior to the
application;
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 him or imposed against him in relation to an adult
business.
B. In the event that the City Clerk approves a license application, the City
Clerk 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 City Clerk may make additional findings as deemed necessary
to identify the City Clerk'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 City Clerk's approval. Nothing in this Chapter shall prevent or preclude
the City Clerk 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 an adult business license. Issuance of a license shall be made only in accordance
with Section 5.47.120. The decision of the City Clerk 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 City Clerk's approval of a license application shall be valid for one
(1) year following the date of approval. Failure to obtain the issuance of the
license pursuant to Section 5.47.120 within such one-year period shall require
the submission of a new application.
D. In the event that the City Clerk denies a license application, the City Clerk
shall prepare written findings of fact stating the reasons or basis for the
denial. A copy of the City Clerk's findings 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 City Clerk's denial. The City Clerk'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 denial unless
the applicant files a timely request for appeal to the City Manager or his designee
as provided by Section 5.47.110. (Ord. O-2003-15 § 4, 2003; Ord. O-99-14
§ 1, 1999; Ord. O-97-14 § 8, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.110 Appeal of application denial.
A. In the event that the City Clerk denies a license application, an applicant
shall have the right to a quasi-judicial hearing before the City Manager or
his designee for the purpose of appealing the City Clerk's administrative decision.
A written request for a hearing shall be made to the City Manager or his designee
within ten (10) days of the date of the mailing of the City Clerk's written
findings and denial of the license application. The hearing shall be conducted
within ten (10) days of the City Manager's or his 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 his 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 his 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 his designee conducts. It is unlawful for
any person to fail to comply with any subpoena issued by the City Manager or
his 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 or the applicant 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 his 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 City Clerk's denial of the license application. The
City Manager or his 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 his 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
his designee concludes that the application is approved, such approval shall
constitute approval by the City Clerk, and the applicant may seek issuance of
a license in accordance with this Chapter.
F. The order of the City Manager or his 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,
the City Manager's or his 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.
G. To facilitate prompt judicial review of any appeal from the City Manager
or his designee 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). (Ord. O-2004-20 § 1, 2004; Ord. O-2003-15
§ 5, 2003; Ord. O-99-14 § 1, 1999).
5.47.120 Issuance of license.
A. No license shall be issued by the City Clerk 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 by the Police Department 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 City
Clerk receives written notification from the applicant that the applicant desires
inspection of the premises and the issuance of a license.
B. If the licensed business premises has been closed or inactive for at least
one (1) year, the City Clerk may revoke or elect not to renew the license. (Ord.
O-99-14 § 1, 1999).
5.47.130 Term of the license.
All licenses issued pursuant to this Chapter shall be valid for the entire calendar
year in which the license is issued unless revoked. Each license term shall
expire on December 31 of the calendar year for which the license is issued unless
the license is renewed for the next subsequent calendar year. No proration of
any application or license fee or any other requirement shall be permitted for
any application or license filed or issued after January 1 of any calendar year.
(Ord. O-99-14 § 1, 1999).
5.47.140 License renewal.
A. Renewal of an existing license issued pursuant to this Chapter shall be granted
upon the payment of the annual licensing fee and the filing of a completed renewal
application with the City Clerk not less than forty-five (45) days prior to
the date of license expiration (December 31). The City Clerk 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 City Clerk from any licensee
after December 31 of the calendar year in which 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. (Ord. O-99-14 § 1, 1999; Ord. O-93-15 § 1 (part), 1993).
5.47.150 Suspension of license.
A. The City Manager or his 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, employees, 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, as required by Section 5.47.180, is not upon the
licensed premises at all times that the adult business is open for business
or at all times when the business premises is occupied by any employee, agent,
invitee, or other person;
4. Adult entertainment was offered at the licensed establishment or the adult
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.
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;
10. The licensee is delinquent in payment to the City or State for any taxes
or fees past due;
11. The licensee, manager, or employee has allowed the specified sexual activities
to occur within the licensed premises; or
12. The licensee or manager knowingly allowed or permitted the performance,
exhibition, or display of live adult entertainment by any person not licensed
as an entertainer under Section 5.47.230.
B. Nothing in this Chapter shall prohibit the City from taking any other enforcement
action provided for by the Lakewood Municipal Code, 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 his 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 upon the licensed premises, or upon any
parking areas, sidewalks, walkways, access ways or grounds immediately adjacent
to the licensed premises, the City Attorney may file a written complaint with
the City Manager or his designee setting forth the circumstances of the violation.
2. The City Manager or his 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 his 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. The City Manager or his 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 his designee conducts. It is unlawful for
any person to fail to comply with any subpoena issued by the City Manager or
his 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 or licensee 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.
E. At the hearing, the City Manager or his 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 his 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.
F. The City Manager or his 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 his designee determines that a violation
did occur which warrants suspension of the license pursuant to this section,
he shall also issue an order suspending 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.
G. For purposes of any appeal to the District Court, the City Manager's or his
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 his designee's decision. The order
of the City Manager or his designee shall be a final decision and may be appealed
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4).
Any suspension ordered by the City Manager or his 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)(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).
H. In the event of suspension or cessation of business, no portion of the license
fee shall be refunded. (Ord. O-2003-15 § 7, 2003; Ord. O-99-14 § 1,
1999; Ord. O-97-14 § 9, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.160 Revocation of license.
A. The City Manager or his 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 5.47.150 have been found to exist during a two (2) year period; or
2. The licensee, or an employee of the licensee, operated the adult business
during a period of time when the adult business license was suspended.
B. Nothing in this Chapter shall prohibit the City from taking any other enforcement
action provided for by the Lakewood Municipal Code, the laws of the State, or
of the United States.
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 his designee, and
the right to appeal conducted in the same manner as a hearing for suspension
as provided by Section 5.47.150. (Ord. O-99-14 § 1, 1999).
5.47.170 Display-Transferability-Change of ownership-Change
of corporate structure.
A. Any adult 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 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 an
adult 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 City Clerk 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 5.47.060.
Approval or denial by the City Clerk of such transfer shall be upon the same
terms as provided for in this Chapter for the approval or denial of an adult
business 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 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. (Ord. O-99-14 § 1, 1999;
Ord. O-97-14 § 10, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.180 Manager-Change of manager.
A. A registered manager shall be on the premises of an adult business at all
times that adult entertainment is being provided, performed, featured, shown
or presented. An adult business may have more than one registered manager. It
shall be unlawful for any person to work as a manager of an adult business without
first registering with the City Clerk. No manager shall work in an adult business
who has been convicted of a specified criminal act within the time frames set
forth in Subsection 5.47.100 A. (7) and as so defined.
B. In the event a licensee changes the manager of an adult business, the licensee
shall immediately report such change and register the new manager on forms provided
by the City Clerk within ten (10) days of such change. (Ord. O-99-14 §
1, 1999; Ord. O-97-14 § 11, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.190 Time limits for entertainment.
It shall be unlawful for an adult business, except an adult motel, to be open
for business or for the licensee or any employee of a licensee to allow patrons
upon the licensed premises during the following time periods:
1. On any Tuesday through Saturday from 2:00 a.m. until 7:00 a.m.;
2. On any Monday, other than a Monday which falls on January 1, from 12:00 a.m.
until 7:00 a.m.;
3. On any Sunday from 2:00 a.m. until 8:00 a.m.;
4. On any Monday which falls on January 1, from 2:00 a.m. until 7:00 a.m. (Ord.
O-99-14 § 1, 1999; Ord. O-93-15 § 1 (part), 1993).
5.47.200 Standards of conduct.
A. The following standards of conduct must be adhered to in any adult arcade
and in any adult business which offers, conducts, or maintains live adult 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 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, entertainer or patron shall engage in specified sexual activities
nor shall any employee or entertainer 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 adult 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 adult 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 is strictly prohibited.
5. An adult 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:
ADULT ENTERTAINMENT IS REGULATED BY THE CITY OF LAKEWOOD: All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited.
6. No adult 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 the manager's station, from which there
is an unobstructed view of each area of the premises to which any patron is
permitted access for any purpose excluding restrooms, at all times that any
patron is present inside the premises.
8. It is the duty of the licensee and manager 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 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 and no single dimension
of a manager's station shall exceed eight (8) feet. 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 City Clerk.
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 an Adult
Arcade shall not be occupied by more than one (1) person at any one 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 an adult business in violation of Title 12, Article 46 or Article 47, C.R.S.
(Ord. O-2003-15 § 8, 2003; Ord. O-99-14 § 1, 1999; Ord. O-97-44 §
2, 1997; Ord. O-97-14 § 12, 1997; Ord. O-93-15 § 1 (part), 1993).
5.47.210 Age restrictions.
Admission to adult businesses is restricted to persons of the age of eighteen
(18) years or older. This minimum age limitation also applies to any employees,
agents, servants, or independent contractors working on the premises. (Ord.
O-2003-15 § 9, 2003; Ord. O-99-14 § 1, 1999; Ord. O-97-14 § 13,
1997; Ord. O-93-15 § 1 (part), 1993).
5.47.220 Entertainer 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. (Ord. O-99-14 § 1, 1999).
5.47.230 Entertainer license.
A. Each entertainer to be employed in an adult business shall be required to
obtain an Entertainer License. Each applicant shall pay an application processing
fee of twenty-five dollars ($25.00). Such application fee shall be nonrefundable.
B. Said applicant shall pay an application investigation fee in the amount then
charged by the Colorado Department of Public Safety.
C. An applicant for an Entertainer License shall submit on a form to be provided
by the City Clerk 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 or intended 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 eighteen (18) years
of age.
Each applicant shall be photographed and fingerprinted by the Lakewood Police
Department within ten (10) days of the applicant requesting such photograph
and fingerprinting. Any fees for the photographs and fingerprints shall be paid
by the applicant.
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, state the date, the name of the issuing or denying
jurisdiction, and describe in full the reasons for the denial, revocation, or
suspension.
State 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 location of the offense.
D. The City Clerk 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 City Clerk 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 eighteen (18) years of age;
3. That the applicant has been convicted of a specified criminal act within
the time frames set forth in Subsection 5.47.100 A.(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 this Chapter;
5. That the applicant has had an Entertainer License revoked or suspended within
two (2) years of the date of the current application.
E. Each entertainer shall display said entertainer license upon demand by a
police officer.
F. The Entertainer License may be revoked for a violation of any of the provisions
of this Chapter.
G. Where the City seeks to revoke a license, a licensee shall be entitled to
notice, a quasi-judicial hearing before the City Manager or his designee, and
the right to appeal conducted in the same manner as a hearing for suspension
as provided by Section 5.47.150. Where the City seeks to deny a license, a licensee
shall be entitled to notice, a quasi-judicial hearing before the City Manager
or his designee, and the right to appeal conducted in the same manner as a hearing
for suspension as provided by Section 5.47.150, including the right to prompt
judicial review as set forth in Section 5.47.115. (Ord. O-2003-15 § 10,
2003; Ord. O-99-14 § 1, 1999).
5.47.240 Lighting requirements.
A. All off-street parking areas and premise entries of adult 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) footcandle
of light on the parking surface and/or walkways. This required lighting level
is established in order to provide sufficient illumination of the parking areas
and walkways serving the adult 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 adult businesses, except adult motion picture theaters
and adult 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) footcandles of light as measured
at the floor level.
C. Adult 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) footcandle of light
as measured at the floor level.
D. The illumination described above shall be maintained at all times that any
patron is present in the premises. In the event of a power failure, the adult
business shall stop operating immediately and all patrons shall be cleared from
the premises. The premises shall not be reopened until the minimum illumination
level can be assured. (Ord. O-99-14 § 1, 1999; Ord. O-93-15 § 1 (part),
1993).
5.47.250 Right of entry.
The application for an adult business license shall constitute consent of the
licensee and his agents or employees to permit the Lakewood Police Department
or any other agent of the City to conduct routine inspections, from time to
time and at least four times a year, of any licensed adult business during the
hours the establishment is conducting business. (Ord. O-99-14 § 1, 1999;
Ord. O-93-15 § 1 (part), 1993).
5.47.260 Signage and exterior.
A. Notwithstanding any other City Ordinance, Code, or regulation to the contrary,
it shall be unlawful for the owner or operator of any adult business or any
other person to erect, construct, or maintain any sign for the adult business
other than one allowed on the property which is in conformance with the Lakewood
Zoning Ordinance and Article 17 of Title 17 of the Lakewood Code.
B. Signs shall contain no photographs, silhouettes, drawings or pictorial representations
of any manner.
C. It shall be unlawful for the owner of operator of an adult business to allow
exterior portions of the adult business to be painted any color other than shades
of brown, beige, tan or grey. Substitutes may be proposed by the owner or operator
which may be accepted by the City; provided however, the use of high intensity
colors, primary colors, metallic colors, black or fluorescent colors shall be
prohibited. This provision shall not apply to any adult business if the following
conditions are met:
1. The adult business is a part of a commercial multi-unit center; and
2. The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the adult 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.
D. No merchandise or pictures of the products or entertainment on the premises
shall be displayed in window areas or any area where they can be viewed from
the public sidewalk in front of the building. (Ord. O-99-14 § 1, 1999).
5.47.270 Nonconforming use.
A. On the adoption date of this Ordinance O-99-14, there exist within the City
six (6) uses and locations which meet the definition of adult bookstore, adult
novelty store or adult video store. These six (6) uses are located at
Las Vegas Video
1569 Wadsworth Boulevard, and
95 South Sheridan Boulevard
Christal's
6401 West Alameda
Fascinations Love Shack
10550 West Colfax Avenue
Exotic City
85 South Union Boulevard
Video Xtra
7570 W. Jewell Avenue
These lawful uses were not regulated prior to the adoption of this Ordinance
O-99-14 and may continue to exist as legal nonconforming uses after the adoption
date of said ordinance only if they otherwise comply with the provisions of
this Ordinance O-99-14 and Article 16 of the Lakewood Zoning Ordinance.
B. 1. The above-listed nonconforming uses may be continued if they otherwise
comply within three (3) months of the adoption date with the provisions of this
Ordinance O-99-14.
2. A conforming building or structure containing these nonconforming uses 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. These nonconforming uses shall not be changed to a different nonconforming
use; these nonconforming uses shall not be changed to any other Adult 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.
6. If the nonconforming use is discontinued for a period of one hundred eighty
(180) 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 sixty (60) 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. (Ord. O-99-14 § 1, 1999).
5.47.280 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 365 days 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. (Ord. O-99-14
§ 1, 1999).
5.47.290 Severability.
Should any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Chapter or application thereof to any person or circumstance,
be declared unconstitutional or invalid for 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. (Ord. O-99-14 § 1, 1999; Ord. O-93-15
§ 1 (part), 1993).
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