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HomeMy WebLinkAbout2013 Ordinance No. 041·' • ORDINANCE NO . !Ii_ SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO . 40 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 5, CHAPTER 6 , SECTION 4, SUBSECTION A , OF THE ENGLEWOOD MUNICIPAL CODE 2000 RELATING TO SPECIAL LICENSE APPLICATION FOR ADULT ENTERTAINMENT ESTABLISHMENTS . WHEREAS , the current code language is outdated and does not reflect actual practices and procedures followed by the City to implement and enforce the various licenses issued under Title 5 , Chapter 6 of the Englewood Municipal Code; and WHEREAS , the Director of Finance and Administrative Services met with the Englewood City Council to discuss these matters at the July 1, 2013 Study Session. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • ENGLEWOOD, COLORADO, AS FOLLOWS: • Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5 , Chapter 6, Section 4 , Subsection A, entitled "Sp ecial License Application" of the Englewood Municipal Code 2000 , to read as follows: 5-6-4: Special License Application. A. For all adult entertainment establishments in addition to the license application requirements , in Chapter 1 of this Title, the applicant must comply with the following special application requirements: 1. Diagram requirement: 1. The application must be accompanied by a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business and designating the use of each room or other area of the premises. 11. The diagram shall designate all areas of the premises where patrons are not permitted . 1 9 b vi 111. The diagram 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 inches (6 11 ). 1v. The diagram shall designate the place at which the license will be conspicuously posted. v. No alteration in the configuration of the premises or any change in use of any room or area as shown on the diagram may be made without the prior written approval of the Licensing Officer. v1. The Licensing Officer may waive the diagram requirement for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared and that the use of any area or room in the premises has not changed. vii. The applicant must be qualified according to the provisions of this chapter and the premises HH:tSt may be inspected by the City and foillld to be in to insure compliance with the law. 2. No license granted by this chapter shall be transferred. The license holder shall have a copy of the diagram on the licensed premises for inspection at any time. 3. Self-inspection of licensed premises. The licensee, or his designated representative, shall make sanitary inspections of the licensed premises at least once per month, and shall record the findings on a form supplied by the Licensing Officer. Each licensed premises shall post and maintain in a readily accessible place, a schedule for maintaining the sanitation of the premises. 4. Sealing for unsanitary or unsafe conditions. A licensed premises, or any part thereof, may be sealed by order of the Licensing Officer upon his finding of a violation of this chapter resulting in an unsanitary or unsafe condition. Prior to sealing, the Licensing Officer shall serve on the licensee, by personal service on him or by posting in a conspicuous place on the licensed premises, a notice of the violation and an order to correct it within twenty-four (24) hours after service. If the violation is not corrected, the Licensing Officer may physically seal the portion of the licensed premises in violation to discontinue use. This shall be in effect until the violation has been corrected and the seal removed by the Licensing Officer. The Licensing Officer shall affix to premises a conspicuous sign labeled "unclean" or "unsafe," as the case may be. 2 • • • I . ,· I • • • 5. All activities, materials, devices, and novelties shall be performed or displayed in such manner that they cannot be seen by anyone other than the customers who have entered the licensed adult entertainment establishment. 6. No person, merchant, employee or agent shall, in the course of selling, renting, or offering for sale or rental, a tangible or intangible product, service or goods, expose "a specified anatomical area" or carry on a "specified sexual activity ." 7. It shall be unlawful for any employee of an adult entertainment establishment to receive tips from patrons except as follows: 1. A licensee that desires to provide for tips from its patrons shall provide one or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the adult entertainment establishment into the tip box. 11. An adult entertainment establishment that provides tip boxes for its patrons as provided in this section shall post one or more signs to be conspicuously visible to the patrons on the premises in letters at least one inch (1 ") high to read as follows: "all tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and entertainer is strictly prohibited." [EDITORS NOTE: 5-6-4 Subsections (B) through (E), contain no changes and are therefore not included here] Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect ofrepeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well 3 as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 5th day of August, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of August, 2013. Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of August, 2013 for thirty (30) days . Read by title and passed on final reading on the 19th day of August, 2013. Published by title in the City's official newspaper as Ordinance No . L//, Series of 2013, on the 23rd day of August, 2013. Published by title on the City's official website beginning on the 21st day of August , 2013 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is p }rue copy of the Ordinance passed on final reading and published by title as Ordinance No. !11_, Series of 2013. I ·• ~e Loucrishia A. Ellis 4 • • • I. ·- • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 5, 2013 9 a\ A Bill for an Ordinance Making Changes to Title 5, Chapter 6 of the Engle w ood Municipal Code (Adult Enterta inment Establishments) Initiated By: Staff Source: Finance and Administrativ e Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this issue with staff at the stud y session on Jul y 1, 2013 . Council requested staff prepare a bill for an ordinance deleting current language and adding new language to reflect actual practices and procedures follow ed by City staff to implement and enforce the various licenses issued under Title 5, Chapter 6 of the Englewood Municipal Code. RECOMMENDED ACTION • Staff recommends Council approv e the attached bill for an ordinance deleting and adding language in Title 5, Chapter 6 to reflect current, actual procedures . • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Title 5 of the Engle w ood Municipal Code was completel y rewritten in the 1990s and continues to be refined as new information is obtained and feedback from the actual procedures or issues are obtained from City staff. Changing "must" to "may" reflect current, actual practices followed by City staff. Currently, staff only inspects the premises of establishments if deemed necessary or a complaint received. FINANCIAL IMPACT This change to the Code is re v enue neutral. UST OF ATTACHMENTS Proposed bill for an ordinan c e