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Home My WebLink About1981 Ordinance No. 021• A ' I',,,: .I'· ~ . {" '· • • • ORDINANCE NO.~ SERIES OF 198Y--- BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY ADDING SECTIONS 22.4-10 h., 22 .4-11 h., 22.4-13 ky 22 .• 14 i. TEMPORARILY PROHIBITING THE ESTABLISHMENT IN CERTAIN AREAS OF ·THE CITY OF ENGLEWOOD "ADULT ENTERTAINMENT" BUSINESS AS DEFIN~D HEREIN AND DECLARING AN EMERGBMCY. BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby added to Chapter 22 of the Comprehensive lonln9 Ordinance, Ordinance No. 26, Series of 1963, as amended, the tollowi~9: 22.4-10 h. (1) LEGISLATIVE DECLARATION. The City Council finds that the concentration of certain "adult entertainment" businesses in cities tends to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of affected neighborhoods. Pend- ing further study of these deleterious effects and the development and adoption of. appropriate remedial zoning regulations, it is necessary to prohibit on an interim basis the establishment of such "adult entertainment" businesses within close proximity to existing "adult entertainment" businesses, residentially zoned areas, and public buildings, •chools, churches, parks and playgrounds, so as to avoid substantially negating the ultimate effect of such remedial regulations. 2 2 • 4-10 h. ( 2 ) PURPOSE. The purpose is to establish the zoning for and location of sexually-oriented businesses and activities which: (a) are not a nuisance,· and (b) do not violate the provisions of the Colorado Criminal Code regarding sexual conduct, obscene matter or harmful matter. Nothing in this section authorizes, legalizes or permits the establishment, operation or maintenance of any business, building or activity which violates any municipal ordinance J.. --· f • • • or proviaion of the Colorado Criminal Code or Civil Code regarding nuisances~ sexual conduct, obscene matter or haraful matter. 22.4-10 h. (3) DEFINITIONS. (a) As used in this ordinance, the terms "sexual conduct" 1n1•specified anatomical areas" shall mean as follows: (1) "Sexual conduct" includes the following: a. the fondling or other touching of human genitals, pubic region, buttocks, or female breasts; b. ultimate sex acts, normal or perverted, actual or ·simulated, including intercourse, oral copulation, sodomy; c. masturbation; d. excretory functions as part of or in connection with any of the activities set forth in a. through c. above. (2) "Specified anatomical areas" include the following: human genitals, pubic region, buttocks, and female breasts below a point inunediately above the top of the areola • (b) For purposes of this ordinance, 22.4-10 h., the term "adult entertainment" businesses are defined as follows: (1) Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (2) Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 per- sons used for presenting material distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (3) Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (4) Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still -2- . . . ,-• • • .• . (.S) (6) or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas" •. Adult Motion Picture .Theater. An enclosed build- ing with a capacity of 50 or more persons used for presenting material ' distinguished or charac- terized by an emphasis· on depicting or describing "sexual conduct" or "specified anatomical areas". Cabaret. A nightclub, theater or other establish- ment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers where such perfo~ces are distinguished or characterized by an emphasis on "sexual conduct" or "specified anatomical areas". (7) Massage Parlor •. Any place where, for any forms of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "sexual conduct" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas". (8) Model Studio. Any establishment or business which provides, as a substantial or significant part of its business, the services or modeling of adults distinguished or characterized by emphasis on depicting "sexual conduct" or "specified anatomical areas" by means of photography, painting, sketching, drawing or sculpture by persons paying any form of con- sideration or gratuity. (9) Sexual Encounter Center. Any business, agency or person who, for any form of consideration or gratuity, p~ovides a place where three or more persons, not all members of the same family, may congregate ·, assemble or associate for the purpose of engaging in "sexual conduct" or exposing· "specified anatomical areas". -3- ,, .. • • • (c) and As used in this ordinance, the terms "public building" "school" are defined as follows: (.1) Public Building. Any building owned, leased or held by the United States of America, the State of· Colorado, the County of Arapahoe, the City of Englewood, any special district, school district or any other agency or political sub- division of the State of Colorado or the United States of Amer!ca, which building is used for governmental purposes. (2) School. Any public or private educational facility, including child day care facilities, nursery schools, ~reschools, kindergartens, elementary _ schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, colleges and universi- ties. "School" includes the schoolgrounds but does not include facilities used primarily for another purpose and only incidentally as a school. 22. 4-10 h, (4) PROHIBITION. Por a period of six months, or until such time as a perma- nent "adult entertainment" zoning ordinance is adopted, which- ever should first occur, no per·aon shall cause or permit the establishment of an Adult Book~to r e, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, Adult Motion Picture Theater, Cabaret, Massage Parlor, Model Studio or Sexual Encounter Center, aa each is defined in Section 2l.4-10 h. (3) hereof and provided that such "adult entertain- ment" business shall not be eatablished within 1,000 feet of the property line of another such business or within 1,000 feet of the property line ot any church, school, park, play- ground or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 as the same are defined in the City Zoning Ordinance. The "establishment" of an "adult entertainment" business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in Section 22.4-10 h. (3). 22.4-10 h. (5) NONCONFORMING USES. Uses made nonconforming by this ordinance shall be governed by the City of Englewood Zoning Ordinance. However, no property right is afforded solely by the existence of this ordinance • -4-. ' f •• • • Section 2. There ia hereby added to Chapter 22 of the Comprehen- sive loning Ordinance, Ordinance No. 26, Series of 1963, as amended, the following· a 22.4-11 h. (1) LEGISLATIVE DECLARATION. The City Council finds that the concentration of certain "adult entertainment" businesses in cities tends to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these buainesses be regulated in such a manner as to prevent the erosion of the character of affected neighborhoods. Pending further study of these deleterious effects and the develop- .. nt and adoption of appropriate remedial zoning regulations, it i• necessary to prohibit on an interim basis the establish- ment of such "adult entertainment" businesses within close proximity to existing "adult entertainment" businesses, re•identially zoned areas, and public buildings, schools, churches, parks and playqrotinds, so as to avoid substantially negating the ultimate effect of such remedial regulations. 22.4-11 h. (2) PURPOSE. The purpose is to establish for the zoning for and loca- tion of sexually-oriented businesses and activities which: (a) are not a nuiaance, and (b) do not violate the provisions of the Colorado Criminal Code regarding sexual conduct, obscene matter or harmful matter. Nothing in this section authorizes, legalizes or permits the establishment, operation or maintenance of any business, building or activity which .violates any municipal ordinance or provision of the Colorado Criminal Code or Civil Code regarding nuisances, sexual conduct, obscene matter or harm- ful matter. 22.4-11 h. (3) DEFINITIONS. (a) As used in this ordinance, the terms "sexual conduct" md ''specified anatomical areas" shall mean as follows: (1) "Sexual co':'lduct" includes the fol.lowing: a. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; b. ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, ·sodomy; c. masturbation; d. excretory functions as part of or in connec- tion with any of the activities set forth "in a. through c. above. -s- iJj ( ··e •• • (2) "Specified anatomical areasu include the following: human genitals, pubic region, buttocks, and female breasts below .a point immediately above the top of the .areola. {b) For purposes of this ordinance, 22.4-11 h, the term "adult entertainment" businesses are defined as follows: (1) Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasi~ on depicting or describing "sexual conduct" or : "specified anatomical "'reas". (2) Adult Mini Motion Picture Theater •. An enclosed building with a capacity of less than SO persons used for presenting material distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (3) Adult Motel. A motel wherein materi~\ is pre- sented which is distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (4) Adult Motion Picture Arcade. Any ·place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (5) Adult Motion Picture Theater. An enclosed build- ing with a capacity of SO or more persons used for presenting material distinguished or charac- terized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (6) Cabaret. A nightclub, theater or other establish- ment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers where such performances are distinguished or characterized by an emphasis on "sexual conduct" or "specified ana~omical areas". -6- •• ,. • • • (7) Massage Parlor. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "sexual conduct" or where any person providing such treatment, manipulation · or service related thereto exposes "specified anatomical areas". (8) Model Studio. Any establishment or business which provides, as a substantial or significant part of its business, the services or modeling of adults distinguished or characterized by emphasis on depicting "sexual conduct" or "specified anatomical areas" by means of photog- raphy, painting, sketching, d.rawing or sculpture by persons paying any form.of consideration or gratuity. " (9) Sexual Encounter Center. Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the aame family, may congregate, assemble or aaaociate for the' purpose of engaging in "sexual conduct" or exposing "specified anatomical areas" • (c) As used in this ordinance, the terms "public building and "school" are defined as follows: (1) Public Building. Any building owned, leased or held by the United States of America, the State of Colorado, the County of Arapahoe, the City of Englewood, any ·· special district, school district or any other agency or political subdivision of the State of Colorado or the United States of America, which building is used for governmental purposes. (2) School. Any public or private educational facility, including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schuols, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, colleges and universities. "School" includes the schoolgrounds but does not include facilities used primarily for another purpose and only incidentally as a school. -7-. .. '• r · • ... • 22.4-11 h, (4) PROHIBITION • For a period Qf six months,·or until such time as a pel'JlaJlent "adult entertainment" zoninq ordinance ia adopted, whichever •hould first occur, no person shall cau•e or permit the establishment of an Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, . Adult Motion Picture Theater, Cabaret, Ma••a9e Parlor, Model Studio or Sexual Encounter Center, a• each i• defined in Section 22.4-11 h, (3) hereof, and provided that •uch "adult entertainment" business shall not be ••tabli•h•d within 1,000 feet of the property line of another auch buain••• or within 1,000 feet of the property line of any church, achool, park, playqround or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1 · ~. R-2, R-2-C, R-3, or R-4 a• the aame are defined in the City lonin9 Ordinance. The "eatabli•hment" of an •adult entertainment" buaine•• shall include the opening of such buain••• aa a new bu•ineas, the relocation of such buain•••· or the conver•ion of an exiatinq busineas location to any of the uaes described in Section 22.4-11 h. (3) hereof. 22.4-11 h. (5) NONCONFORMING USIS. U••• .. d• nonconforming by thi• ordinance shall be governed by th• City of Bn9lewood Zoning Ordinance. However, no property ri9ht i• affordedaolelyby the exiatence of thi• ordinance. Section 3. There i• hereby added to Chapter 22 of the Comprehen- sive lonln9 Ordinance, Ordinance No. 26, Series of 1963, as amended, the fol lowin91 22.4-13 k, (1) LSOllLATIVE DF.Cl.ARATION. The City Council tind o that the concentration of certain •adult entertaiftll9nt" b~•in~ft&es in cities tends to result in the bli?:!ln9 and det.orlorat ion of the areas of such oonoentrat • Aooord i n9ly, it i• necessary that these buainea .. 1 be r .. ulated in •~ch a manner as to prevent the eroaion of the oharaoter ot .• tfected neighborhoods. Pendinq furthel' .,., of t.M•• de l et.erioua effects and the develop- .. n, ... ...,,, ... of a ppropriate remedial zoninq requlations, it i• MOe•••rY lO prohibit on an interim basis the establish- -t of ••'-·~'~'•I\ entertainment" businesses within close proaiai'I ,.._ •·1-t•t..in9 ••d ult entertainment" businesses, nai._, al lr ••M area•, and public buildings, schools, ob\&l'obea, ,.,,, aAd play9r~und•, so as to avoid substantially ne9atlnt ,._ •l'i .. t• effect of auch remedial regulations. -e- .. • • • 22.4-13 k. (2) PURPOSE. The purpose is to establish for the zoning for and location of ••xually-oriented businesses and activities which: (a) are not a nuisance, and (b) do not violate the provisions of the Colorado Criminal Code regarding sexual conduct, obscene matter or harmful matter. 1'0thinq in this section authorizes, leqali.,•• or permits the e•tabli•hment, operation or maintenance of any business, buildinq or activity which violates any municipal ordinance or provi•ion of the Colorado Criminal Code or Civil Code reqardinq nuisances, sexual conduct, obscene matter or harmful matter. 22.4-13 k. (3) DEFINITIONS. (a) A• used in this ordinance, the terms "sexual conduct" ln!"apecified anatomical areas" shall mean as follows: (1) "Sexual conduct" includes the following: (2) (b) For term "adult (1) a. the fondling or other touching of human genitals, pubic region, buttocks, or female breasts1 b. ultimate sex acts, normal or perverted, ·actual or simulated, including intercourse., oral copulation, sodomy; c. masturbation1 d. excretory functions as part of or in connection with any of the activities set forth in a. through c. above. "Specified anatomical areas" include the ·following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. purposes of this ordinance, 22.4-13 k, the Entertainment" businesses are de·fined as follows: Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing "sexual conduct"-or "specified anatomical areas" • -9- r · '·• •• • (2) Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 per- sons used for presenting material distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (3) Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (4) Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five .or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (.5) Adult Motion Picture Theater. An enclosed build- ing with a capacity of 50 or more persons used for presenting material distinguished or charac- terized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". (6) Cabaret. A nightclub, theater or other establish- ment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers where such performances are distinguished or characterized by an emphasis on "sexual conduct" .or "specified anatomical areas". (7) Massage Parlor. Any place where, for any forms of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "sexual conduct" or where any person providing such treatment, manipulation qr service related thereto exposes "specified anatomical areas". (8) Model Studio. Any establishment or business which provides, as a substantial or significant part of its business, the services or modeling -10- .. / :1 __ . '• • • (9) of adults distinguished or characterized by emphasis on depicting "sexual conduct" or "specified anatomical areas" by means of photography, painting, sketching, drawing or sculpture by persons paying any form of con- sideration or qratuity. Sexual Encounter Center. Any business, agency or person who, for any form of consideration or qratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "sexual conduct" or exposing "specified anatomical areas". (c) As used in this ordinance, the terms "public building" and "school" are defined as follows: (1) Public Building. Any building owned, leased or held by the United States of America, the State of Colorado, the County of Arapahoe, the City of Englewood, any · special district, school district or any other agency or political subdivision of the State of Colorado or the United States of America, which building is used for governmental purposes. (2) School. Any public or private educational facility, including child day care facilities, nursery school~, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, specia! education schools, colleges and universities. "School" includes the schoolgrounds but does not include facilities used primarily for another purpose and only incidentally as a school. 22.4-13 k· (4) PROHIBITION. Por a period of six months, or until such time as a ·permanent "adult entertainment" zoning ordinance is adopted, whichever should first occur, no person shall cause or permit the establishment of an Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, Adult Motion Picture Theater,_ Cabaret, Massage Parlor, Model Studio or Sexual Encounter Center, as each is defined in Section 22.4-13 k, (3) hereof, and provided that such "adult -11- ( • •• • entertainment• business shall not be established within 1,000 feet of the property line of another · such business or within 1,000 feet of the property line of any church, school, park, playground or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 a• the same are defined in the City Zoning Ordinance. · The •establishment" of an •aduit entertainment" business •hall include the opening of such business as a new business, the relocation of such business, or the conversion of an exiating business location to any o~ the uses described in Section 22.4· 13 k. (3) hereof. 22.4-13 k,(S) NONCONFORMING USES. U•e• made nonconforming by this ordinance shall be governed by the City of Englewood Zoning Ordinance. However, no property right is afforded solely by the existence of this ordinance. Section 4. There i• hereby added to Chapter 22 of the Comprehen- sive Zoning Ordinance, Ordinance No. 26, Series of 1963 ~ as amended, the following: · 22.4-14 i (1) LBGISLATIVB DECLARATION. The City Council finds that the concentration of .certain •adult entertainment• businesses in cities tends to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these bu•ine••e• be regulated in such a manner as to prevent the erosion of the character of affected neighborhoods. Pending further study of these deleterious effects and the develop- ment and adoption of appropriate remedial zoning regulations, it i• necessary to prohibit on an interim basis the establish- ment of such "adult entertainment" businesses within close proximity to existing "adult entertainment" businesses, residentially zoned areas, and public buildings, schools, churches, parks and playgrounds, so as to avoid substantially negating the ultimate effect of such remedial regulations. 22. 4-14 i. (2) PURPOSE. The purpose is to establish the zoning for and location of •exually-oriented businesses and activities which: (a) (b) are not a nuisance, and do not violate the provisions of the Colorado Criminal Code regarding sexual conduct, obscene matter or harmful matter. Nothing in this section authorizes, legalizes or permits the establishment, operation or maintenance of any business, building or activity which ~iolates any municipal ordinance -12- ( •• • • or proviaion of the Colorado Criminal Code or Civil Code regarding nuisances, sexual conduct, obscene matter or harmful matter. 22. ,_l, i. (3) DEFINITIONS. (a) Aa uaed in this ordinance, the terms "sexual conduct" ..s•apecified anatomical areas" shall mean as follows: (1) "Sexual conduct" includes the followinq: a. the fondlinq or other touching of human qenitals, pubic reqion, buttocks, or female bre~sts; b. ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation., sodomy; c. masturbation; d. excretory functions as part of or in connection with any of the activities set forth in a. throuqh c. above. (2) "Specified anatomical areas" include the followinq: human qenitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. (b) Por purposes of this ordinance, 22.4-14 i, the term •adult entertainment" businesses are defined as follows: (1) Adult Bookstore. An establishment having as · a significant portion of its stock in trade books, films,. magazines and other periodicals which are distinquished or characterized by an emphasis on depictinq or describing "sexual conduct" or "specified anatomical areas". (2) (3) (4) Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than 50 per- sons used for preaentinq material distinquished or characterized by an emphasis on depicting or describinq "sexual conduct" or "specified anatomical areas". Adult Motel. A motel wherein mate ~ial is presented which is distinguished or characterized by an emphasis on depictinq or describinq "sexual conduct" or "specified anatomical areas". Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or aluq-operated or electronically, electrically or mechanically controlled still -13- ...... • •• • (5) (6) or motion picture machines, projectors or other image-producing devices are maintained to show im8ges .to five or fewer persons per machine at any one time, and wher6 the images so displayed are disti~guished or characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas". Adult Motion Picture Theater. An enclosed build- ing with a capacity of 50 or more persons used for presenting material .' distinguished or charac- terized by an emphasis .on depicting or describing "sexual conduct" or "specified anatomical areas". Cabaret. A nightclub, theater or other establish- ment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers where such performances are distinguished or characterized by an emphasis on ."sexual conduct" or "speci~ied anatomical areas". (7) Massage Parlor. Any place where, for any forms of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "sexual conduct" or where any person providing such treatment, manipulation or service related thereto exposes "~pacified anatomi~al areas". (8) (9) Model Studio. Any establishment or business which provides, as a substantial or significant part of its buainaaa, the services or modeling of adults distinguished or characterized by emphasis on depicting "sexual conduct" or "specified anatomical areas" by means of photoqraphy, painting, eketchinq, drawinq or sculpture by persons paying any form of con- sideration or gratuity. Sexual Encounter C~nter. Any business, agency or person who, for any form of consideration or qratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "sexual conduct" or exposing "specified anatomical areas" • -14- ... .... ,.. / • •• • .. : (c) A• used in this ordinance, the terms "public building and •achool" are defined a• follows: (1) Public Building. Any building owned, leased or held by the United States of America, the State ot Colorado, the County of Arapahoe, the City of Englewood, any special district, school district or any other agency or. political subdivision of the State of Colorado or the United States of America, which .buildinq is used for governmental purposes. (2) School. Any public or private educational facility, including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate achools, junior high schools, middle schools, high schools, vocational schools, secondary schools,. continuation schools, special education schools, colleges and universities. "School" includes the schoolgrounds but does not include facilities used primarily for another purpose and only incidentally as a school • 22.4-14 i (4) PROHIBITION. · For a period of six months, or until such time as a ·permanent "adult entertainment" zoning ordinance is adopted, whichever should first occur, no person shall cause or permit the establishment of an Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, . Adult Motion Picture Theater, Cabaret, Massage Parlor, Model Studio or Sexual Encounter Center, as each is defined in Section 22.4-14 i (3) hereof, and provided that such "adult entertainment" business shall not be established within 1,000 feet of the property line of another such business or within 1,000 feet of the property line of any church, school, park, playground or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 •• the same are defined in the City Zoning Ordinance. 'l'he "establishment" of an "adult entertainment" business •hall include the opening of such business as a new business, th• relocation of such business, or the conversion of an exiat-ing business location to any of the uses described in Section 22.4-14 i (3) hereof. -15- • - • • 22.4-14 i• (5) NONCONFORMING USES. Uses made nonconforming by this ordinance shall be governed by the City of Englewood Zoning Ordinance. However, no property right is afforded solely by the existence of this ordinance. Section 5. PENALTY FOR VIOLATION. Violation of this ordinance is punishable by a fine not exceeding Three Hundred Dollars ($300) or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Each day during any portion of which any violation of this ordinance is committed, permitted or continued shall constitute a separate offense. Section 6. EMERGENCY. The adcption of this ordinance is necessary for the preserva- tion of the public peace, health and safety and this ordinance shall become effective upon its passage. Section 7 • SEVERABILITY. If any provision or clause of this ordinance or the applica- tion thereof to any person or circumstance is held to be uncon- stitutional or otherwise invalid by any court of competent juris- diction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented with- out the invalid provision, clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. Section 8. EXTENSION OF ORDINANCE. This ordinance may be continued in effect after public hearing. Section 9. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the official paper of the City of .Engle wood. -16- . . • • • • .. , . Section 10 • 22.6-11 NONCONFORMING USES TO TERMINATE IN 180 DAYS. Within not more than 180 days from the effective date of this ordinance or within 180 days from any amendment hereto by which any of the following uses. become nonconforming, the right to ope.rate and maintain any of the following uses shall terminate and such uses shall cease to exist and shall no longer be operated or maintained: (a) a use not permitted by 22.4-·lOh.(4), 22.4-llh. (4), 22.4-13k. (4), 22.4-14 i. (.4). Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981. Read by title, amended, and passed on final reaeing on the 5th day of February, 1981. Published in full as Ordinance No. :Z / , Series of 1981, on the 11t:/t.:day of February, 1981 • ~rLt<J£ Attest: - ex~o~de:Z~ I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Ordinance passed on final reading and published in full as Ordinance No. ~ , Series of 1981. ~ . ·(eS ff%16: ~ Gart.:'igee • -17-