4800 West 92nd Avenue Westminster, CO 80031

City Government

 

17. Adult Businesses

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9/12

CHAPTER 17

ADULT BUSINESSES

5-17-1: PURPOSE AND INTENT
5-17-2: DEFINITIONS
5-17-3: ADULT BUSINESS LICENSE REQUIRED
5-17-4: MANAGER’S LICENSE REQUIRED
5-17-5: ADULT BUSINESS LICENSE APPLICATION
5-17-6: LICENSE DENIAL, SUSPENSION OR REVOCATION
5-17-7: RENEWAL
5-17-8: CHANGE OF LOCATION; TRANSFER OF BUSINESS OR STOCK
5-17-9: LICENSE FEES
5-17-10: EMPLOYEE CONDUCT
5-17-11: REGULATION OF PREMISES
5-17-12: ADULT MOTELS
5-17-13: NO LIQUOR LICENSE VIOLATIONS
5-17-14: EXEMPTIONS
5-17-15: SEVERABILITY
5-17-16: PROHIBITED ACTS AND PENALTY

5-17-1: PURPOSE AND INTENT:  (2687) The purpose and intent of this Chapter is to regulate the time, place, and manner in which adult entertainment is presented, to promote the health, safety, and general welfare of the citizens, and to establish reasonable and uniform regulations designed to curb the harmful secondary effects of adult businesses upon the surrounding communities.  These reasonable and uniform regulations are designed to protect citizens from increased crime, to preserve the quality of life, property values and the character of neighborhoods and businesses, to deter the spread of urban blight, and to protect against the spread of sexually transmitted diseases.  The provisions of this Chapter are not intended to impose limitations or restrictions on the content of any communicative materials, including sexually oriented materials.  Similarly, it is not the intent of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, Section 10, of the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.  It is also not the intent or purpose of this Chapter to condone or legitimize the distribution of obscene material.

5-17-2: DEFINITIONS: (2687 3646)  The following words, terms and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:

“Adult Arcade” shall mean any commercial establishment where, for any form of consideration, monetary or otherwise, one (1) or more still or motion picture projectors, slide projectors, videocassette players or similar machines, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
“Adult Bookstore,” “Adult Novelty Store,” or “Adult Video Store” shall mean a commercial establishment that (i) devotes a significant or substantial portion of its stock-in-trade or interior floor space to, (ii) receives a significant or substantial portion of its revenues from, or (iii) devotes a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing, for any form of consideration, of any one (1) or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.  A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store.  Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.

(3) The definition of principal business purpose shall include any establishment having as a substantial or significant portion of its stock in trade the items listed in subparagraphs (1) and  (2) above or any premises in which at least one hundred (l00) square feet of floor space is occupied by the display of such items.

“Adult Business” shall mean an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort service, nude model studio, or sexual encounter center.  A business shall be considered an adult business under this Code regardless of whether attempts are made to obscure the sexual nature of products with labels or packaging, if a reasonably prudent person would regard the products as designed for, depicting or describing specified sexual activities or specified anatomical areas.  The definition of adult business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

“Adult Cabaret” shall mean a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment that regularly features:

(1) Persons who appear nude or in a state of nudity or semi-nudity; or

(2) Live performances that are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities; or

(3) Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

“Adult Motel” shall mean a hotel, motel or similar commercial establishment that: 

(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way that advertises the availability of this adult-type of photographic reproductions; or

(2) Offers a sleeping room for rent for a period of time that is less than six (6) hours; or 

(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period that is less than twenty-four (24) hours.

“Adult Motion Picture Theater” shall mean a commercial establishment that is distinguished or characterized by the showing of films, motion pictures, videocassettes, slides, or similar photographic reproductions with an emphasis on the depiction or description of specified sexual activities or specified anatomical areas that are regularly shown for any form of consideration.

“Adult Theater” shall mean a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by an emphasis on the exposure of specified anatomical areas or by specified sexual activities.

“Commercial Establishment” shall mean and include clubs, fraternal organizations, social organizations, civic organizations or other similar organizations with paid memberships.  It may have other principal business purposes that do not involve the depicting or describing of "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult business.  Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas."

“Escort” shall mean a person required to be licensed as such pursuant to Title V, Chapter 19, W.M.C.

“Escort Service” shall mean a person or business required to be licensed as such pursuant to Title V, Chapter 19, W.M.C. 

“Employee” shall mean a person who works or performs in and for an adult business, regardless of whether or not the person is paid a salary, commission, wage, or other compensation by the operator of the business.

“Establishment” shall mean and include any of the following: 

(1) The opening or commencement of any adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to any adult business;

(3) The addition of any adult business to any other existing adult business; or

(4) The relocation of any adult business.

“Licensee” shall mean a person in whose name a license to operate an adult business has been issued.

“Location” shall mean a particular parcel of land that may be identified by an address or by other descriptive means. 

“Manager” shall mean an operator, other than a licensee, who is employed by an adult business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

“Nude Model Studio” shall mean any place where a person who appears in a state of nudity or displays "specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

“Nudity” or a “State of Nudity” shall mean (a) the appearance of a human bare buttock, anus, male or female genitals, or areola or nipple of the female breast, or (b) a state of dress that fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

“Operator” shall mean and include the owner, license holder, custodian, manager, operator, or person in charge of any adult business premises.
“Ownership” or “Partnership Interest” shall mean a person who has a five percent (5%) or greater interest in the business, and directors and officers of a corporation, but excluding stockholders.

“Person” shall mean an individual, proprietorship, partnership, corporation, limited liability company, association, or other legal entity or managing agent, servant, officer, or employee of any of them. 

“Premises” shall mean a distinct and definite location that may include a building, a part of a building, a room, or any other definite area contiguous to the building, part of a building or room that requires a license and that is classified as an adult business, including parking lots and sidewalks immediately adjacent to the structure containing the sexually oriented business, which location is specified in an approved application for a license under this Chapter and that is owned or is in the possession of the licensee and within which such licensee is authorized to operate an adult business.

“Residential District” shall mean any area, regardless of zoning, that is used for residential purposes, whether within the City or outside of the City boundaries.

“Semi-Nude” shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

“Sexual Encounter Center” shall mean a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude, except therapy performed by a massage therapist, as the latter term is defined in Section 5-15-2, W.M.C.

“Specified Anatomical Areas” shall mean and include any of the following:

(1) 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

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified Criminal Acts” shall mean sexual crimes against children, sexual abuse, sexual assault, any offense for which a person must register as a sex offender under state law, or crimes connected with another adult business, including, but not limited to, distribution of obscenity, prostitution, pandering or tax violations.

“Specified Sexual Activities” shall mean and include any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3) Masturbation, actual or simulated;

(4) Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(5) Excretory functions as part of or in connection with any of the activities set forth in (1) through (4), above.

“Substantial Enlargement” of an adult business shall mean the increase in floor areas occupied by the business by more than twenty-five percent (25%).

“Transfer of Ownership or Control of a Sexually Oriented Business” shall include any of the following:

(1) The sale, lease, or sublease of the business;

(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, management arrangement, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

5-17-3:  ADULT BUSINESS LICENSE REQUIRED:  (2687)  Except as provided herein, it shall be unlawful for a person to operate or cause to be operated an adult business without a license, including when the license has been suspended, revoked or has expired.  The adult business license shall be required in addition to any other license required by this Code, such as a cabaret or dance hall license, or liquor license.  An adult business in existence on June 7, 1999, shall not require a license, unless a transfer of ownership or control occurs as defined in this Chapter.

5-17-4:  MANAGER’S LICENSE REQUIRED:  (2687)

(A) It shall be unlawful for any person to work as a manager of an adult business without first obtaining a manager’s license.

(B) An adult business manager shall submit a verified application for a manager’s license on a form provided by the City Clerk.  The application shall contain the applicant’s name, any aliases, address, proof of date of birth, and telephone number.  Each applicant shall pay the nonrefundable fee charged by the Colorado Department of Public Safety for a criminal history check and the license fee required by this Chapter.

(C) Upon receipt of a completed application and the payment of all applicable fees, the City Clerk shall transmit the application to the Police Department for investigation of the applicant. The background investigation shall be sufficient to verify the accuracy of all information provided in the application and to determine whether the applicant has been convicted of or has plead nolo contendere to specified criminal activities, as defined above, within the times set forth below:

(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense;

(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; or

(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the applicant has been convicted of two (2) or more misdemeanors.

Whenever “conviction” is specified in this subsection, the term shall also include a plea of nolo contendere.  The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.  An applicant who has been convicted of a specified criminal act may qualify for an adult business manager license only when the time period required in this subsection has elapsed.

(D) The City Manager shall grant the application within thirty (30) days of its filing unless:

(1) The applicant is under the age of eighteen (18) years, or twenty-one (21) years if the adult business offers live nude entertainment;

(2) The applicant has failed to provide the information required by this Section;

(3) The license fee has not been paid; or

(4) The applicant has been convicted of a specified criminal act within the times set forth in subsection (C), above.

(E) Applicants and licensees shall have a continuing duty to promptly supplement application information required by this Section, in the event that information previously provided to the City changes from that stated in the application.  The failure to comply with this continuing duty within thirty (30) days from the date of the change in information shall be grounds for immediate suspension of the manager’s license until such information is provided, as well as such other penalties that may be imposed pursuant to this Code.

(F) A manager’s license shall remain in effect until the manager’s employment by the licensee is terminated or is revoked pursuant to this Chapter or the grounds stated in Chapter 1 of Title V. 

5-17-5:  ADULT BUSINESS LICENSE APPLICATION:  (2687)

(A) The applicant for a license to operate an adult business shall submit a verified application to the City Clerk on forms provided by the City Clerk.  The application to operate an adult business shall include:

(1) The address and complete plans and specifications for the interior of the premises to be licensed;

(2) A copy of the lease, deed or other evidence of the applicant's right to possession of the premises;

(3) Information regarding the zoning of the location of the premises;

(4) The fees required by this Chapter;

(5) Names of each person with an ownership or partnership interest in the business, including directors and officers of the applicant, each of whom shall be photographed and fingerprinted at the Westminster Police Department;

(6) Address, proof of age, driver’s license number, social security number and federal tax identification number of each person named in the application;

(7) If the applicant is a corporation or limited liability company, its date of formation or incorporation, evidence that it is in good standing or authorized to do business in 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;

(8) Whether the applicant or any individual listed in the application has had a previous adult business permit or license under this Chapter or the adult business ordinances of another city, county or state denied, suspended or revoked, including the name and location of the business for which such permit or license was denied, suspended or revoked;

(9) The name and location of any other adult business in which the applicant or any individual listed in the application has an interest; and

(10) A current certificate and straight-line drawing by a land surveyor depicting the property lines and the distances from the land uses specified in Section 11-4-13(D), W.M.C., as it may be amended.

(B) Applicants and licensees shall have a continuing duty to promptly supplement application information required by this Section, in the event that information previously provided to the City changes from that stated in the application.  The failure to comply with this continuing duty within thirty (30) days from the date of the change in information shall be grounds for immediate suspension of the license until such information is provided, as well as such other penalties that may be imposed pursuant to this Code.

(C) Upon receipt of a completed application, including fingerprints and photographs taken by the Westminster Police Department, and the payment of all applicable fees, the City Clerk shall transmit the application to the Police Department for investigation of the background of each individual listed in the application.  Each applicant shall pay the nonrefundable fee charged by the Colorado Department of Public Safety for a criminal history check.  The background investigation shall be sufficient to verify the accuracy of all information provided in the application and to determine whether any applicant or individual listed in the application has been convicted of or plead nolo contendere to specified criminal activities, as defined above, within the times set forth below:

(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense;

(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; or

(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the applicant has been convicted of two (2) or more misdemeanors.

Whenever “conviction” is specified in this subsection, the term shall also include a plea of nolo contendere.  The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.  An applicant who has been convicted of a specified criminal act may qualify for an adult business license only when the time period required in this subsection has elapsed.

5-17-6:  LICENSE DENIAL, SUSPENSION, OR REVOCATION:  (2687)

(A) A license may be denied, cancelled, denied renewal, suspended or revoked by the City Manager for any violation of the provisions of this Chapter for any reason set forth in Chapter 1 of this Title or on the grounds that the health, safety or welfare of the community may be endangered by the continued operation of the licensee, or any of the following:

(1) The applicant has been convicted of a specified criminal act within the times set forth in Section 5-17-5(C), W.M.C.;

(2) The applicant is under the age of twenty-one (21) years;

(3) The individual applicant or a director or officer of a corporation or a partner of a partnership or manager of a limited liability company has had an adult business license revoked or suspended or has operated an adult business that was determined to be a public nuisance anywhere within Colorado within one (1) year prior to the application;

(4) A corporate applicant or limited liability company applicant is not in good standing or authorized to do business in Colorado;

(5) The applicant is in default to the City or State with regard to taxes, fees, judgments, fines, or penalties assessed against the applicant; or

(6) Any reason provided in Section 5-1-6, W.M.C.

(B) In the event that the City Manager takes one of the adverse actions listed in (A), above, he shall make written findings of fact stating the reasons for denial, and a copy of such decision shall be sent by certified mail to the address shown in the application.  An applicant shall have the right to file a written appeal of the decision to the Special Permit and License Board within ten (10) days of the City Manager’s mailing of the decision.

(C) A license may be summarily suspended for no more than thirty (30) days by the City Manager when required for the immediate protection of the public health, safety and welfare.  A hearing shall be scheduled as soon as may be reasonably possible.

(D) The Special Permit and License Board shall conduct an appeal of the denial of a new license or a hearing pursuant to the procedures established for hearings in Chapter 1 of this Title.  The Special Permit and License Board shall deliver its decision in writing within thirty (30) days.

(E) Decisions of the Special Permit and License Board are final, subject only to appeal to a court of competent jurisdiction.

5-17-7:  RENEWAL:  (2687)

(A) All licenses issued pursuant to this Chapter shall expire December 31st of the year for which issued, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees, unless renewal is denied as provided below.

5-17-8:  CHANGE OF LOCATION; TRANSFER OF BUSINESS OR STOCK:  (2687)

(A) A licensee shall not operate an adult business under the authority of a license at any place other than the address designated in the application for the license.  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.

(B) At least thirty (30) days prior to the transfer of ownership of an adult business, or of the transfer of ownership of five (5) percent or more of an ownership or partnership interest, the proposed new owner of the stock or business shall file with the City Clerk a written application for approval of the transfer on forms provided by the City Clerk.  The same information shall be submitted as for a new adult business license.

(C) Upon receipt of the application, the City Clerk shall report the proposed transfer to the City Manager and to the Police Department for further investigation of the character of the proposed new owner.  If a decision on the transfer by the City Manager is not issued within thirty (30) days from the City Clerk’s receipt of the application, it shall be deemed approved.

(D) Any transfer of ownership of an adult business in noncompliance with this Section shall cause the termination of the adult business license.

(E) 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 term of the license.

(F) No license may be transferred if the City has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.

(G) Any attempt to transfer a license, either directly or indirectly, in violation of this Section shall render the license void.

5-17-9:  LICENSE FEES:  (2687)

(A) The annual fee for an adult business license is one hundred fifty dollars ($150).

(B) The annual manager’s license fee is fifty dollars ($50).

(C) An applicant for an adult business license or for approval of a change of ownership shall pay a nonrefundable application fee of five hundred dollars ($500) at the time of filing an application to cover the costs of investigation and processing.

5-17-10:  EMPLOYEE CONDUCT:  (2687)

(A) MANAGER REQUIRED ON PREMISES:  A licensed manager or his designee shall be on the premises and occupying each manager’s station at all times that the business is occupied by patrons.

(B) RIGHT OF ENTRY TO INSPECT PREMISES:  The application for an adult business license shall constitute consent of the licensee and its agents or employees to permit the Police Department or any other agent of the City to conduct routine inspections of any licensed adult business during the hours the establishment is conducting business.  It shall be unlawful for any person, applicant, licensee, or manager, or the agent of any of said persons, to refuse to permit such inspection of the premises.

(C) CLOTHING:  No licensee, manager or employee mingling with business patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose any specified anatomical areas.  It is a defense to prosecution for a violation of this Section that an employee exposed any specified anatomical area only during the employee’s bona fide use of a restroom or during the employee’s bona fide use of a dressing room that is accessible only to employees.

(D) PHYSICAL CONTACT:  No licensee, manager or employee shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle specified anatomical areas of any other person.

(E) VIEW FROM OUTSIDE THE PREMISES:  No adult entertainment occurring on the premises shall be visible at any time from outside the premises.

(F) DOORS TO REMAIN UNLOCKED:  It is the duty of the licensee and manager to ensure that any doors to areas open to customers remain unlocked during business hours.

(G) TIPS:  It shall be unlawful for any employee to receive tips from patrons, except as set forth in this Chapter.
(H) MINIMUM AGE.  No employees, agents, servants or independent contractors shall be permitted to work on the premises who are under the age of eighteen (18) years of age, except for adult businesses that offer live nude entertainment, the minimum age shall be twenty-one (21).

5-17-11:  REGULATION OF PREMISES:  (2687)

(A) DISPLAY:  Any adult business license issued pursuant to this Chapter shall be prominently displayed at all times upon the premises for which the license was issued.

(B) VIEWING ROOMS:

(1) A person who operates or causes an adult business to be operated that exhibits on the premises in a viewing room a film, videocassettes, or other video reproduction that depicts specified sexual activities or specified anatomical areas shall comply with the requirements of this subsection.

(2) The business shall have one (1) or more manager’s stations.  A manager’s station shall not exceed thirty-two (32) square feet.  No alteration in the configuration or location of a manager’s station may be made without the prior approval of the City Manager.

(3) At least one (1) employee must be on duty and situated at each manager’s station at all times that any patron is present inside the premises.  The interior of the manager’s station shall be visible from all parts of the interior of the premises.

(4) 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 display equipment.  If the premises has two (2) or more manager’s stations designated, 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 purposes from at least one (1) of the manager’s stations.  The view required in this subsection must be by direct line of sight from the manager’s station.  The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the license application.

(5) No viewing room of less than one hundred fifty (150) square feet may be occupied by more than one (1) person at any one (1) time.

(6) Viewing rooms must be separated from other viewing rooms by a solid, uninterrupted physical divider that is a minimum of one-quarter inch (1/4”) thick and serves to prevent physical contact between patrons.  No holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent viewing rooms.

(7) No door, screen, or other covering shall be placed or allowed to remain on any viewing room.

(C)   HOURS OF OPERATION:  It shall be unlawful for an adult business to be open for business or for the manager or any employee of a licensee to allow patrons upon the 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 that 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 that falls on January 1, from 2:00 a.m. until 7:00 a.m.

(D) PATRON MINIMUM AGE:  It shall be unlawful for any person under the age of eighteen (18) years to be upon the premises of an adult business.  It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of eighteen (18) years upon the premises of the adult business.  If the adult business offers live nude entertainment, then the minimum age shall be twenty-one (21) years of age.

(E) INTERIOR LIGHTING:  The interior portion of the premises of an adult business to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place, including viewing rooms, at an illumination of not less than five foot- (5’) candles, as measured at the floor level.  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 foot- (1’) candle of light as measured at the floor level.  It shall be the duty of the licensee, manager and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

(F) EXTERIOR LIGHTING:  All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot- (1’) candle 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.

(G) STAGE:  No employee or entertainer shall be unclothed in such attire, costume or clothing so as to expose any specified anatomical area, except upon a stage at least eighteen inches (18”) above the immediate floor level and removed at least six feet (6’) from the nearest patron or behind a solid uninterrupted physical barrier that completely separates the entertainer from any patrons.  This barrier must be a minimum of one-quarter inch (1/4”) thick and have no openings between the entertainer and any patrons.  The stage shall be fixed and immovable.

(H) TIP BOXES:  A licensee or manager who provides for tips from patrons shall establish one (1) or more boxes or other containers to receive tips.  All tips for such employees shall be placed by the patron into the tip box.  A business that provides tip boxes for its patrons shall post one (1) or more signs to be conspicuously visible to the patrons, in letters at least one inch (1”) high, to read as follows:

“All tips are to be placed in a tip box and not handed directly to employees.  Any physical contact between a patron and employees is strictly prohibited.”

5-17-12:  ADULT MOTELS:  (2687)

(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated more than five (5) times in a twenty-four (24) hour period creates a rebuttable presumption that the establishment is an adult motel, as that term is defined in this Chapter.

(B) It shall be unlawful for a person in control of a sleeping room in a hotel, motel, or similar commercial establishment to rent a sleeping room more than five (5) times in a twenty-four (24) hour period.

(C) For purposes of this Section, the term "rent" shall mean permitting a room to be occupied for any form of consideration.  If a customer immediately rejects a particular room and requests a different room, only the latter room shall be considered rented for purposes of this Section.

5-17-13:  NO LIQUOR LICENSE VIOLATIONS:  (2687)  Nothing in this Section shall be construed to permit any act on the premises of a licensed adult business in violation of Title 12, Article 46 or 47, C.R.S.

5-17-14:  EXEMPTIONS:  It is not an unlawful act under this Chapter that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a proprietary school, licensed by the State of Colorado; a college, junior college, or university supported entirely or partly by taxation;

(2) By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3) In a structure:

(a) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; 
(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 model is on the premises at any one (1) time.

5-17-15:  SEVERABILITY:  (2687)  If any provision of this Chapter is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this Chapter are valid, unless it appears to the court that the valid provisions of this Chapter are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the City Council would have enacted the valid provisions without the void provision, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

5-17-16:  PROHIBITED ACTS AND PENALTY:  (2687)

(A) It shall be unlawful for any person to violate a provision of this Chapter or knowingly to permit any patron to violate the requirements of this Chapter.  A violation of this Chapter shall be a criminal offense.  Violators shall be subject to the penalties provided by Section 1-8-1, W.M.C., including imprisonment.  A violation of this Chapter is hereby declared to be a public nuisance, subject to civil remedies provided by Chapter 4 of Title VIII of this Code.  A separate offense shall be deemed committed upon each day such person is in violation of this Chapter.

(B) In addition to any other penalties, the court trying such offense may decree that any license issued under the provisions this Chapter be suspended or revoked and may decree that no such license shall thereafter be issued to any such person for a period not to exceed five (5) years.

(C) The penalties provided in this Section shall not be affected by the penalties provided in any other provision of state or local law but shall be construed to be in addition to any other penalties.

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