HomeMy WebLinkAbout1981 Ordinance No. 062•
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ORDINANCE NO. ~~
SERIES OF 198~
BY AUTHORITY
COUNCIL BILL NO. 70
INTROCUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE ESTABLISHING LICENSING PROCEDURES, REQUIREMENTS FOR
PREMISES, ENFORCEMENT PROVISIONS, AND PENALTIES FOR ADULT ENTER-
TAINMENT ESTABLISHMENTS BY ADDING CHAPTER 10 TO TITLE IX OF THE
ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interest of the City of Englewood to establish
procedures for licensing and controlling adult entertainment estab-
lishments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO.
Section 1.
That Title IX of the E.M.C. '69, as amended, is hereby
amended by adding new Chapter 10 thereto as follows:
9-10-1: LICENSE REQUIRED
No adult entertainment establishment, as defined herein,
shall be permitted within the City of Englewood except as
herein provided. Not later than 30 days after the effective
date of this ordinance all adult entertainment establishments
lawfully operating within the City of Englewood on or before
the effective date of this ordinance shall apply for an Adult
Entertainment License. Thereafter, the licensing officer shall
have 45 days to approve or deny the license, during which
period of time operation is permitted. No adult entertainment
establishment in operation on or before the effective date
of this ordinance shall change its business location, cause
expansion of its operation, or modify any other activity
regulated by this ordinance, without first complying with
the requirements of this ordinance.
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ORDINANCE NO. ~~
SERIES OF 198~
BY AUTHORITY
COUNCIL BILL NO. 70
INTROCUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE ESTABLISHING LICENSING PROCEDURES, REQUIREMENTS FOR
PREMISES, ENFORCEMENT PROVISIONS, AND PENALTIES FOR ADULT ENTER-
TAINMENT ESTABLISHMENTS BY ADDING CHAPTIR 10 TO TITLE IX OF THE
ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMBNDED AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council o f the City of Enqlewood declares
that it is in the beat intere•t of the City of Englewood to establish
procedures for licensinq and controllinq adult entertainment estab-
lishments.
NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO.
Section 1.
That Title IX of the E.M.C. '69, a• amended, is hereby
amended by addinq new Chapter 10 thereto a• follows:
9-10-1: LICENSE REQUIRED
No adult entertainment e•tabli•hment, as defined herein,
shall be permitted within the City of Enqlewood except as
herein provided. Not later than JO days after the effective
date of this ordinance all adult entertainment establishments ;
lawfully operatinq within the City of Enqlewood on or before
the effective date of thi• ordinance shall apply for an Adult
Entertainment License. Thereafter, the licensing officer shall
have 45 days to approve or deny the licen•e, durinq which
period of time operation i• permitted. No adult entertainment
establishment in operation on or before the effective date
of this ordinance shall chanqe it• buaine•• location, cau•e
expansion of its operation, or modify any other activity
regulated by this ordinance, without first complying with
the requirements of this ordinance •
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9-10-2: DEFINITIONS
For the purposes of thi• chapter the followinq definitions
apply:
AduJ. t Arcade means an eaatabl.1ata.ent where, for any Coran of
consideration, one or moro llOt1on picture projectors, uliuu
projectors or similar machine•, for viewing by five or
ft!wer persons each, are uaed to •how f ilma, motion picture:.•,
video caaaettea, alid•• or other phot09raphic reproductionu
which are characterized by an •llPha•i• upon the dopiction
or description of •apecified ••xual activities• or
"specified anatomical. ar•••· •
2\dult bookJl ·tore man• a plaa. wben J:)ooka, magaaines,
lnotion plctw:eo, print•, pboto9~APbll, periodicals, record..;.
.i.ngs, 11ovel tie• and devloe•, O&' uy of tbeM thin9s, wllich
have u.s their pr:i.1Mr:y or clo•dnaat t.be•• matter depioi;in~,
illu:stratin9, deaarib~ 119 or nlat;in9 to apecif iud se:"liLl
aotiviti•• are ao14 m: of~ for Al• to &aults &nd
includes a plaoe vi~ only a ~ Oz-••otion of its
area set uide fox-tbe cU.apJ.ay O&' •al• of such 11ateriAl
to adult•, except ~t uy p1.-, otbeniae included within
thi• definitio.i, that derlwa DOt 110n than ten pez-oent
of it• 9roas inoa11a ta:oa i;be ••l• of auoh materiAl sball
be exempt f roa the pzrovi•iOll• of t*i• abapter ao long au
au.oh -urial i• upt' iA a 1-•iaa where it i• not viail:»lo
and •hall not be a M1f•H&'VMle itea for the ouatomr• of
such place.
Adult Cabaru ••••• a aitdaUlulit, Mi:, n•taw:ant or
sliiliar ••£ li•bmrat wlalala ~1y f .. t\IJ:'e• live
performance• wbiob an obaraatu-iMCI iq tbe exposure
of •aneaified wtcw•a.1 anu• OZ'_. •peaified
aexuai ac~ivitie•,• OZ' 111118, motion picturea, video
caeaette•, •lide• oz-other ~~aphic reproductions
which are aharacterised by aa 111ba•i• upon the depiction
or de•cription of ••peoifle4·89XU&1 activitiea" or
•apecitied anatoaical &&"ea•.•
Adult dancinf e•tabli•hmant .. an• a bu•in••• that feature•
dancer• dlap ayln9 or expo•in9 •pecified anatomical areas.
Adult entertainment or ••rvic• facilitf means an adult book
•tore, adult motion picture bOOth, adu t motion picture
theater, adult dancin9 e•t.abli•hllent, adult cabaret, or
adult arcade.
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Adult motion picture booth ...... an encloaed area within
an adult motlon pioture E&eate~ 4e•itn•4 or uaed for the
viewinq by' one or two peraon• of motion picture• which have
as their primary or dominant tbell1 .. tt•r• depicting, illus-
trating or relating to apeoified aexual aotiviti••·
Adult motion ~ure theat•r ••• an encloaed building-, or
a port!on or of u enaio--4 buil4iq, or an open-air
theater designed to permit, viewiav by pat.zone Hate4 in
automobiles, uaed for pnMn~V OA a n= baai• til.ID
material which ha• u it.a p&'~O&' "-t, i:l\w matter•
depicting, illuatrat..t.ftcJ or Z91a to apeoified .. xual
activitiea for obaervation by a4u1 pat.nna U.nof, and
include• any hot:el or 110t:el, boedf.avhoue, l'Ooetn9 boua•
or other lodgein9 tor t.ranaiela~ autom1n wlU.ab adwrti•••
th• pre-ntation of •ucb fila -U.ial..
GOOD MORAL CHARACTER. A PERSON IS OP GOOD MORAL CHARACTER
ACCORDING TO THIS CHAPTER IF THAT PIRSON HAS NOT BllN CONVICTED
OF A FELONY OR ANY CRIME NOT A FELONY IP IT INVOLVES MORAL
TURPITUDE IN THE PAST FIVE YEARS. THE LICENSING OPPICER MAY
ALSO TAKE INTO ACCOUNT SUCH OTHER FACTORS AS ARB NECESSARY TO
DETERMINE THE GOOD MORAL CHARACTER OP THE APPLICANT OR EMPLOYEE.
CONVICTION. CONVICTION SHALL INCLUDE PLEA OP NOLO CONTENDERE
OR THE FORFEITURE OF BOND WHEN CHARGED WITH SUCH A CRIME.
Public Park -an• a park, pl.ay9&'0\llMI, nit i~ pool, beach,
pier, reHrvoir, 9olf comae or at:bletic tiel under the
control, operation or managwnt of a 90vernmental entity •
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Specified Anatomical Ar••• aa .ued benin, aball •an and
lnclude any o! thi !oiiowln91
(1) Le•• than C011Pl•tell' aa4 ~1)' oovered human
genital•, pubic rev:Lon 1 buttock•, anu or fe•l•
breaata below • point. tdiately &bow the top
of the areola•1 or
(2) Buman .. 1. 9enit•l• in • 4iaoernibly tur9id
atate,even if completelr aDd opaquely covered.
Specified aexual activiti•• .. ana1
(1) human genital• in a 'at.ate of 1axual atimulation
or aroual1
(2) acta of human adami.ti•, analin9ua, be•tiality,
cunnilin9ua, coprophilia, fellation, flagellation
frottage, maaochi .. , maaturbation, ••diam, '
aadomaaochiaa, aexual iD~urae, aodomy or
urolagnia1 an4
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(3) fondlin9 or other ero~ touching of human 9enitala,
pubic region, buttock or 1 ... 1e tireaat.
9-10-·3: ADULT DITBRTAillMBlft'
BSTABLISllMBN'l' APPLICATION
(a) Applicant• for a licenae to operate an adult entertain-
ment ~•tabliahment ahall aubmit a written application
tD the licensing officer on foru containing the follow-
ing informations
(1) the name and le9al reaidence ·address for voting
purposes, busin••• and reaidence telephone numbers
of the applicant.
(i) If a partnerahip, the name and address of
each partner;
(.ii) If a corporation, aaaociation or other organi-
zation, the name• and addresses of the
president, vice preaident, secretary, managing
officer, each director and each shareholder
who owns more than S• of the outstanding
shares of stock.
(2) The trade name of the applicant.
(3) Whether the applicant, any partners of a partner-
ship, or any officers, directors, or any shares-
holdera of a corporaing holding more than 5' of the
outstanding shares of stock, or any of their spouses
have any financial intereat in any other adult
entertainment eatabliahment.
(4) The age.and date of birth of the applicant, of any
partners, or of any and all officers, of any
stockholders of more than St of the shares of the
corporation stock outatanding, directors of the
applicant if the applicant is a corporation.
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(5) If the applicant, any partners or any of the officers t
atockholders holding more than St of the outstanding
aharea of the corporation, or the directors of the
applicant, if the applicant is a corporation, has
ever been convicted of any crime constituting a
felony, or .~ny crime not a felony, e.» M\iA.ire~P•* ~eae
wf al•*i•R involving moral turpitude in the past
5 yeara and, if ao, a complete description of any
such crime, include date of violation, date of
conviction, jurisdiction and any disposition, includ-
ing any fine or sentence imposed and whether terms
of disposition have been.fully completed.
(6) Address of the premises to be licensed.
(7) Mhether the premises are owned or rented and if
applicant has a right to legal possession of the
premiaes, copy of those documents giving such legal
right.
(8) If applicant is a person doing business under a
trade name, a copy of the trade name properly
recorded. If applicant is a corporation, a copy of
authority to do business in Colorado, including
Articles of Incorporation, Trade Name Affidavit, if
any, last annual report, if any.
(9) At leaat three (3) character references from
individuals who are in no way related to the appli-
cant or individual ahareholdera, officers, or
directors of a corporation and who are not or will
not benefit financially in any way from the applica-
tion if the license ia granted and who have not been
convicted of any felony or a Municipal Code violation
involving moral turpitude in the past 5 years. The
licensing officer shall prepare forms consistent
with the provision• of this subsection for the
applicant who shall submit all character references
on auch forms.
(10) Busineaa or employment records of the applicant,
partner• in a partnership, directors and officers of
a corporation and, if a corporation, all shareholders
holding more than St of the shares of corporate stock
outstanding.
(11) Each applicant for adult entertainment establishment
ahall be verified and acknowledged under oath to be
true and correct by:
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(a) if the applicant is an individual, the individual;
(b) if by a partnership, by the manager or general
partner;
(c) if a corporation, by the president of the
corporation;
(d) if any other orqanization, association, the
chief administrative official.
(13) Each application for an adult entertainment estab-
lishment license shall be accompanied by a nonrefund-
able processing fee of One Thousand Dollars ($1,000)
which shall be in addition to any other licensing
fee assessed hereunder.
9-10-4: PERSONS PROHIBITED AS LICENSEES
(a) No license provided for by this chapter shall be issued
to or held by:
(1) an applicant who has not paid all required fees;
(2) any person who is not of qood moral character;
(3) any corporation, any of whose officers, directors or
stockholders holding over s• of the outstanding
issued shares of capital stock who are not of good
moral character;
(4) any partnership or association, any of whose officers
or members holding more than St interest therein who
are not of qood moral character;
(5) any person employinq, assisted by, or financed in
whole or in part by any person who is not of good
moral character;
(6) any applicant who is not qualified to hold and
conduct business according to the laws of the United
States, State of Colorado, or City of Enqlewood.
(b) Should there be a sufficient number of current licenses
to meet the needs and desires of the inhabitants of the
City, no new licenses shall issue. IN DETERMINING THE
NEEDS AND DESIRES OF THE INHABITANTS, THE STANDARD OF
REVIEW SHALL BE THAT THE MARKET IS VIRTUALLY UNRESTRAINED
AS DEFINED IN YOUNG v. AMERICAN MINr THEATERS, INC.
427 U.S. 50, 96 S. Ct. 2440 (1976).
9-10-5: DECISION OF LICENSING OPPICBR
(a) Upon receipt of an application, the licensing officer shall
perform a backqround inveatiqation of the applicants and
the information contained in the application. T.he licensing
officer is authorized to investigate any fact that may be
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relevant OR is believed to be relevant TO DETERMINE THE
ELIGIBILITY OF THE APPLICANT FOR A LICENSE. The licens-
ing officer is authorized to seek assistance of law
enforcement agencies or such other assistance as the
licensing officer believes necessary.
(b) The licensing officer shall provide a eepy NOTICE of the
results of the licensing officer's investigation TO THE
APPLICANT. At any time the licensing officer may supple-
ment the investigation report with additional or newly
found information.
(c) The licensing officer shall either issue the license within
90 days of the date of application or schedule a hearing to
commence within said 90-day period of time. Within 30 days
after completion of the hearing, the licensing officer
shall render a decision concerning the application for a
license.UNLESS APPEALED TO CITY COUNCIL, THE DECISION OF
THE LICENSING OFFICER SHALL BE BINDlNG ON THE APPLICANT.
(d) The licensing officer has the authority to refuse to issue
any license AS SET FORTH HEREIN for ~eea ea~se FAILURE OF
THE APPLICANT TO MEET LICENSING REQUIREMENTS, subject to
review ef ehe ~eee~e by City Council •
(e) A copy of the decision of the licensing officer shall be
sent to the applicant by certified mail at the address
shown on the application.
(f) No license shall be issued by the licensing officer after
approval of an application until the building in which
the business is to be conducted is ready for occupancy
with such furniture, fixtures, and equipment in places
necessary to comply with the provisions of this chapter
and only after inspection of the premises has been made
by the licensing officer to determine that applicant has
complied with the architect's drawing and plot plan and
detailed sketch for the interior of the building sub-
mitted with the application.
(g) Upon request of an applicant within fifteen days AFTER
THE EFFECTIVE DATE OF THE LICENSING OFFICER'S DECISION,
or upon its own motion, the City Council may review the
decision of the licensing officer OR THE CITY COUNCIL,
IN ITS DISCRETION, MAY TAKE ADDITIONAL EVIDENCE AS IT
BELIEVES NECESSARY and issue such order as to the Council
appears proper. The decision of the City Council shall
be considered the FINAL decision of the City.
(h) The procedure to be followed in the course of a hearing
before the licensing officer or the City Council shall
be found in E.M.C.'69, 1-7-1 et seq.
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Assessed is the sum of $2,269.41 against the realty
located at 250 East Stanford Avenue, Englewood, Colorado, more
specifically described as:
West 50 feet of Lots 45, 46, 47, and 48, and
the West 50 feet of the North 3 feet of Lot 44,
in Block 54, South Broadway Height•, City of
Englewood, County of Arapahoe, State of Colorado.
Section 3. Collection of Assessment.
The Director of Finance shall certify the assessment to
the County Treasurer who shall collect the assessment in the
same manner as ad valorem taxes are collected.
Section 4.
The Director of Finance shall send to each person having
a record interest in the realty listed above a copy of this
ordinance.
Section 5. Notice.
Notice shall be published in the Englewood Sentinel within
ten (10) days of passage of this Bill upon first reading. Notice
after final passage shall be by reference publication.
Introduced, read in full, and passed on first reading on
the 20th day of July, 1981.
Published as a Bill for an Ordinance on the 22nd day of
July, 1981.
Read by title and passed on final reading on the 3rd day
of August, 1981.
Published by title as Ordinance No. 61, Series of 1981,
on the 5th day of August, 1981. ~-
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Eugeife L. Otis, Mayor
Attest:
e(<:L~/{Ier~
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the foregoing is
a true, accurate and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. 61 , Series
of 198 1 . ~
L~ ~fro»~ GiR?i9bee
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9-10-6: DISPLAY OF LICENSE
All licensees licensed under this chapter shall display their
licenses in conspicuous places on their licensed premises in a
clear, transparent cover or frame. The license shall be avail-
able for inspection at all times by the public. No person shall
mutilate, cover, obstruct or remove a license ao displayed.
9-10-7: TERM OF LICENSE
(a) No license shall be issued until all fees have been
received by the City. All licenses !~aft~ed ISSUED
pursuant to the provisions of this chapter shall be
valid for ONLY one (1) year from the date of issuance,
unless revoked or suspended as provided herein.
b) A licensee under this chapter shall be eft~~~~ed REQUIRED
to renew his license from year to year as a matter of course.
The licenaee muat preaent the license tor the previous
year or satisfactory evidence of its loss or destruction
to the tax collector and by payinq the appropriate license
fee. Application for renewal of any existinq license
shall be made to th~ City licensinq officer not less than
forty-five (45) days prior to the expiration date. Appli-
cations for renewal shall provide the same information as
that contained on the application except as waived by the
licensinq officer as beinq redundant. Should an applica-
tion for renewal not be so made, the holder of the license
shall have been deemed to waive renewal of the license.
All licenses not submitted for renewal 45 days prior to
the anniversary date of the license shall be revoked by
the licenainq officer. The licensinq officer may allow
the delinquent licensee to renew after the said date
of the anniversary date for qood and sufficient cause
shown1 however, a penalty of 2St of the license fee shall
be imposed and collected prior to renewal of the license.
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9-10-8:
(a)
SUSPENSION AND REVOCATION OF LICENSE
The licensing
or revoke any
the licensing
officer is given full power to suspend
license issued under thia chapter where
officer determines upon sufficient cause
that:
(1)
(2)
( 3)
The licensee, his or its agents, officers, servants
or employees, maintain .or continue to maintain a
nuisance on the licensed premises1
The licensed premises are unsanitary as certified
by the Tri-County District Health Department.
The licensed premises are unsafe as certified by
the Department of Community Development or the Fire
Marshal.
(4) Violation of the ordinances of the City of Englewood,
the laws of the State of Colorado or the United
States of American has occurred.
(5) The licensee, his or its agents, officers, servants
or employees on the licensed premises or elsewhere,
while in the scope of employment, violate any rule
of the licensing officer made pursuant to the
authority granted in E.M.C. '69, 9-10-11. whe~her
o.-not -4llM! -l-Ml•R••• r ak •• i:tta-a9e1t4U17-efft:eere7
~-<Nf-~~·••4'e¥e-lteeft-eeftvie~ed-ef-any
auoh---u.i.o.la-i.on,~rr-not-be-eonstdered-±n-proceed
inqs i>afoze ~-l-iceuatng--offreer-for-saspans±on-or
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(b) Before the licensing officer shall suspend or revoke a
license, said licensing officer shall furnish the licensee
with a written statement, by certified mail or by personql
service of the cause for suspension or revocation of the
license.
(1) The licensee shall have twenty (20) days from the
date of mailing or personal service in which to
request in writing a stay of the order and hearing
on the matter.
(2)
(3)
If a hearing is requested, the licensee shall be
entitled to produce witnesses, cross-examine wit-
nesses, and be represented by counsel.
The procedure for the hearing before the licensing
officer shall be as found in E.M.C. '69, 1-7-1 et
seq •
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(4) If the licensee desires an appeal of the decision
of the licensing officer after the foregoing hearing,
the licensee may thereafter take appeal to the City
Council of the City of Englewood, who shall review
the record of proceedings before the licensing
officer and correct any error in the decision of the
licensing officer or make such other order as may
appear proper.
(c) EMERGENCY SUSPENSION. WHERE THE LICENSING OFFICER HAS
REASON TO BELIEVE THAT A VIOLATION OF THIS CHAPTER HAS
OCCURRED IN A DELIBERATE OR WILFUL MANNER OR THAT THE
PUBLIC HEALTH, SAFETY AND WELFARE REQUIRE IMMEDIATE
ACTION ON THE PART OF THE LICENSING OFFICER, THE LICENSING
OFFICER MAY SUMMARILY SUSPEND THE LICENSE OF AN ADULT USE
ESTABLISHMENT OR AN ADULT USE EMPLOYEE, AND SAID NOTICE
OF SUSPENSION SHALL CONTAIN NOTICE THAT THE ADULT USE
ESTABLISHMENT OR ADULT USE EMPLOYEE MAY REQUEST A HEARING
TO CONTEST THE SUSPENSION. SHOULD THE ADULT USE ESTAB-
LISHMENT OR THE ADULT USE EMPLOYEE, WITHIN TEN (10) DAYS
AFTER SERVICE OF THE SUSPENSION NOTICE, REQUEST A HEARING
ON THE SUSPENSION, THE LICENSING OFFICER SHALL SET A
HEARING DATE AS SOON AS PRACTICABLE. NO SUSPENSION SHALL
EXCEED THIRTY (30) DAYS UNLESS PRIOR TO EXPIRATION OF THE
30-DAY SUSPENSION A REVOCATION PROCEEDING IS COMMENCED •
~et · · · f R ' t t t (d ) erimina~ CIVIL Penalties: Conditions or eins a emen •
In the order of the licensing officer suspending or revok-
ing a licenae, the licensing officer may impose a civil
penalty against the licensee as provided in E.M.C. '69,
9-10-30. If the licensee fails to pay the civil penalty,
the lic~nsing officer may provide that at the end of the
period of suspension, if the civil penalty remaining at
the time is still unpaid, the license shall be revoked.
9-10-9: TRA.~SFER OF LICENSE/CHANGE OF NAME
(a) No license granted by this chapter shall be transferred.
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(1) Transfer shall include any assignment of any interest
in the license to any person not identified on the
application for the license.
(2) A transfer of license includes a transfer of more than
SI of the outstanding shares of the corporation. tie a
pe• .. ft ft8' Aft app~~8ARC •A••~4 .aa 4e&Q.rJJi>ed J.n
S9-iG-3~i~~ii~-Re•eei~
fi~ Wlte ·ft·~~aieft 84 AR¥ pe••eR ~~ .a-~.t.ne.r.aAJ.p-.no.t
, .. ft-•t•e• eft ehe •Ptt*icacieR ~~ ~ ~~~
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(b) The licensee shall not conduct business under a name not
submitted to licensing officer prior to use.
(1) Licensee shall submit the legal authority to conduct
business under an assumed name thirty (30) days prior
to use. Licensing officer shall deny the use of the
proposed name should the name be misleading, improper,
or if the licensee has not shown proper legal author-
ity to conduct business under such name or in violation
of this chapter or other law.
(2) The licensing officer shall issue his opinion to the
licensee in writing by certified mail or personal
service. The licensee is entitled to a hearing before
the licensing officer, should the licensee, within
twenty (20) days after date of mailing or service,
request such hearing in writing. Procedure shall be
as found in E.M.C.'69, 1-7-1 et seq. The decision
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of the licensing officer may be appealed to City
Council where decision shall be final.
LICENSE FEE
There are hereby levied the following annual ~icense fees
under this chapter:
(a) Adult·Book Store $2,000.
(b) Adult Motion Picture Theaters as follows:
(1) having only adult motion picture booths, $100 for
each booth; or
(2) having only a hall or auditorium, $500 plus $2 for
each seat or place; or
(3) designed to permit viewing by patrons seated in
automobiles, $500 plus $2 for each speaker or
parking place; or
(4) having a combination of any of the foregoing, the
license fee applicable to each under subparagraph&
1, 2 and 3.
(c) Adult dancing establishment -$2,000.
(d) When any adult entertainment establishment maintains
more than one activity, each of the foregoing fees is
imposed.
AUTHORITY 'l.J PROMULGATE RULES
9-10-11: RECORDS AND REPORTS; GQNi8N~ 8¥ •1Q&118aS
(a) Each licensee shall keep such records and •~ke such reports
as may be required by the licensing officer, th• Department of
Community Development and the Fire Marahal to implement this
chapter and carry out its purpose. By applying for a license
under thia chapter, an individual, partnership or corporation
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• shall be deemed to have consented to the provisions of this
chapter and to th~ exercise by the licAnRina officer of the
powers given herein in the manner herein specified.
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(b) The licensing officer is authorized to promulgate rules
and re9ulations not inconsistent with this chapter or
the En9lewood Municipal Code as are necessary to carry out
the provisisions of this chapter.
PART II
REQUIREMENTS FOR LICENSED PREMISES
9-10-12: GENERAL REQUIREMENTS
In addition to the special requirements contained in E.M.C.
SS 9-10-13, 9-10-14, 9-10-15, each licenaed premises shall:
. (a) conform to the requirement• of the Uniform Building Code,
except to the extent when a requirement in the Uniform
Buildin9 Code conflicts with a special requirement contained
in B.M.C. SS9-10-13, 9-10-14, and 9-10-15;
(b) conform to the requirements of the Uniform Fire Code,
except to the extent that a requirement in the Uniform
Fire Code conflicts with a special requirement contained
in E.M.C. SS 9-10-13, 9-10-14, and 9-10-15;
(c) conform to the Sign Code of the City of Englewo~d, 522.7
of the Comprehensive Zonin9 Ordinance, Ordinance No. 26,
Series of 1963.
(d) in all cases wherein the occupant capacity, as determined
by the Fire Marshal, is at least fifty persons, exclusive
of attendants and assistants, such structure ahall have
electric, battery-operated, emer9ency lights using reliable
type storage batteries provided with suitable maintenance
in properly charged condition; provided, that dry batteries
shall not be used, and further provided that electric
storage batteries lhall be appro\•ed by the Fire Marshal for
their intended use and shall comply with the National
Electrical Code as adopted by the City of Englewood, and
further provided that the provisions of this subsection
shall not apply to adult motion picture theaters which
are open-air theaters designed to permit viewin9 by
patrons seated in automobiles.
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(e) CONFORM TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF ENGLEWOOD, ORDINANCE NO. 26,
SERIES OF 1973;
(f) CONFORM TO ALL OTHER ORDINANCES OF THE CITY OF ENGLEWOOD.
9-10-13: ADULT BOOKS'l'ORB
In addition to the general requir ... nta contained in E.M.C.
59-10-12, an adult book•tore ahall ob•erve the following special
requirement•:
(a) All materials, devices and novelties shall be so dis-
played that they cannot be seen by anyone other than
cu•tomer• who have entered the licensed premises.
(b) If recording• are offered for sale and ·customers may
li•ten to them while on the licensed premises, sound-
proof booth• or rooaa ahall be available for use by
cu•tomera who deaire to liat.en, and each such booth or
room ahall have:
(1) one clear window, facing the major portion of the
licensed premiaea, covering not leas than one-fourth
of the wall area into which the window is set,
which window ahall not be covered or obacured in
any manner while the booth or room is in use except
when the booth or room ia uaed or viewing motion
picture•;
(.2) sufficient eha!:~e e~ ee.sehee SEATING to acconunodate
the expected number of persons who will occupy the
booth or room at one time;
( 3) the number of peraona wbo may occupy the booth or
room at one time clearly atated on or near the
door to the booth or rooa, and only that number
shall be permitted inside the booth or room at
one time; and
(4) the door or doors opening into the booth or rooa
incapable of being locked or otherwiae fastened
so that it or they will freely open froa either
aide •
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9-10-14: ADULT MOTION PICTURE THEATERS.
In add~tion to the general requirements contained in E.M.C.
S9-10-12, an adult motion picture theater shall observe the
·following specJ.al requirements:
(a) Each adult motion picture booth shall have a rectangular-
shaped entranceway not leas than two feet wide nor less
than six feet high, and there shall be a door, curtain
or other closure closing off the entranceway while the
booth is in uae, which closure shall open outward from
the inside of the booth or be capable of being pushed
aside.
(b) Each adult motion picture booth shall have sufficient
seata e~ ee.sehee to accommodate the maximum number of
peraons expected to uae the booth. The maximum number
of persona who may occupy a booth shall be stated on or
near the entranceway, and only that number shall be
permitted to be in a booth at one time.
(c) Adult motion picture booths, if there is more than one
in an adult motion picture theater, shall open onto a
common corridor, passageway or area that has an exitway
or exit doorway, as defined in the Uniform Building Code,
separate from the ~ther required exits of the licensed
premises. This exitway or exit doorway need not be in
use during the normal course of buisness, but an exit door-
way opening directly to the exterior, whether it is the
only exit doorway or the last exit doorway in an exitway,
shall be equipped with approved panic hardware as pro-
vided in the Uniform Building Code.
(d)
(e)
Adult motion picture booths shall be lighted, whenever
film material is not being shown, such that the light
intensity at every point thirty inches above the floor
is not less than one-half footcandle, but may be in
complete darkness when film material is being shown.
Common corridors, passageways or areas shall be constantly
lighted when in use such that the light intensity at every
point thirty inches from the floor is not less than five-
hunclredths of a footcandle.
Partitions between adult motion picture booths shall be
conaidered nonbearing partitions, but they shall be so
conatructed as to have a fire-resistance rating of not
leas than one hour, unless the area wherein the booths
are located is sprinklered~'then said requirements are
waived •
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( f)
(g)
(h)
An adult motion picture theater having only a hall or
auditoriwn for the showing of film material shall be
considered a "place of assembly" within the meaning of .
the Uniform Building Code and shall conform to the
requirements therefor.
An adult motion picture theater having both adult motion
picture booths and a hall or auditorium shall conform to
the special requirements for both .facilities; provided,
that where the special requirements allow for common
elements to be utilized or constructed, this may be
done with the approval of the Building afta Heft~ft~
~n•pe~ien.Bi¥ie~enT
l~apector
There ·~hall be provided within or adjacent to the common
corridor, P•••ageway or area in adult motion picture
theaters having adult motion picture booths, adequate
lavatories equipped with running water, hand-cleansing
soap or detergent, and sanitary towels or hand-drying
devices; common towels are prohibited.
(i) An adult motion picture theater designed to permit view-
ing by patrons seated in automobiles shall have the
motion picture screen so situated, or the perimeter of
the licensed premises so screened, that the projected
film material may not be seen from any public right-of-
way or residential property.
9-10-15: ADULT DANCING ESTABLISHMENT
In addition to the general requirements contained in
E.M.C. 59-10-12, an adult dancing establishment shall observe
the rollowing special requirements:
(a) Any person employed or working in the licensed premises
as a dancer shall, while dancing, perform upon a stage
or similar structure specially designed for such dancing.
st,ges shall conform to the requirements of the Uniform Duir~inq Code, including the ·requirements for appurtenant
rooms if such appurtenant rooms are used by ~ho ustablish-
rnent; provided, that the dancers shall be provided with
a dressing room or rooms that are not part of or used by
the public as rest rooms.
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(b) Where a dancer performs upon a platform or other small
structure designed to hold a amall number o ·f persons,
which is not a stage nor·equipped to be a stage for
theatrical presentations, the platform ahall be level
and of sturdy conatruction and shall be aecurely fastened
to the floor or wall during performances. Steps and
handrail• shall be provided so that the dancer may mount
to the top of the platform aafely under the normal
operating conditions of the eatabliahment in all cases
wherein the top of the platform is more than eight inches
from the surface upon which th• platform reats.
9-10-16:
PART III
ENFORCEMENT
OPERATION OF UNLICENSED
PREMISES UNLAWFUL
It shall be unlawful for any person to operate an adult book-
store, adult motion picture theater, adult mass.age parlor or
adult dancing establishment unless such business shall have a
currently valid license OR SHALL HAVE MADE PROPER APPLICATION
FOR RENEWAL WITHIN THE TIME REQUIRED therefor under this chapter,
which license shall not be under suspension or permanently or
conditionally revoked •
9-10-17: ADMISSION OF MINORS UNLAWFUL
It shall be unlawful for a licensee to admit or to permit the
admission of minors within a licensed premises.
9-10-18: SALE TO MINORS UNLAWFUL
It shall be unlawful for any person to sell, barter, or give,
or to offer to sell, barter, or give, to any minor any service,
material, device or thing sold or offered for sale by an adult
bookstore, adult motion picture theater, adult massage parlor or
adult dancing establishment or other adult entertainment facility.
9-1 0 -19:
ADULT USE ESTABLISHMENT EMPLOYEES
BMP~0¥BBS !N ~!SBNSBB PRB~!RB8
(a) Qualifications. Employees of a !*eeneee en a !ieeneed
prem~ees AN ADULT USE ESTABLISHMENT shall be not less
than eighteen years of age. Ne EVERY employee in a
iieeneee p~emieee ehaii have eeen eenvie~ee ef a epeeifiee
eriminai ae~ wi~hift ~hree years e~ ehe ea~e he ee~ift9 hie
empieymene en ehe iieeneed-premises BE OF GOOD MORAL
CHARACTER AS DEFINED IN THIS CHAPTER. Any employee who is
convicted of a ~~~ied-&~i:nti-fta.~ ~~ CRIME CONSTITUTING A
FELONY OR A CRIME NOT A FELONY INVOLVING MORAL TURPITUDE while
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(b)
employed en ~he iieenees premieee AS AN ADULT USE ESTAB-
LISHMENT EMPLOYEE shall not thereafter work on any licensed
premises for a period of ~hree FIVE years from the date of
such conviction, unless a longer time is ordered by ~he
A court OF COMPETENT JURISDICTION. The term "convicted"
shall include an adjudication of guilt on a plea of
guilty or nolo contendere or the forfeiture of a bond
when charged with a crime, and the terms "employed on the
licensed premises" and "work on any licensed premises"
shall include as well work done or services performed
while in the scope of employment elsewhere than on the
licensed premises.
Aprroval for em~loyment. Before any person may work on
a icensed pram sea, he shall file a notice with the
licensinq officer of his intended employment on forms
supplied by the licenainq officer and shall receive
approval of such employment from the licensinq officer.
The prospective employee shall supply such information
as the licensing officer requires, includinq a set of
f inqerprints on reqular United States Department of
Justice forms. Upon approval, the employee may begin
working on the licensed premiaes. If approval is denied,
the prospective employee may, within twenty (20) days of
said denial, apply to the licensing officer for a hearing
to be held in accordance with B.M.C.'69, 1-7-1 et seq.
The decision of the licensing officer after hearing may be
appealed to City Council who may issue such order as is
proper in the premises. An investigation fee of fifty
dollars shall accompany the notice of intended employment,
or a receipt of the licensinq officer evidence the payment
of such fee at the time the notice is filed.
(c) Violation of the provisions of this Code or the rules
and regulations of the licensing officer shall subject
an employee to suspension or revocation of license as
provided in E.M.C. '69, S9-10-B.
9-10-20: CLEANING OF LICENSED PREMISES
Each licensed premises shall be maintained in a clean and
sanitary condition and shall be cleaned at least once daily and
more frequently when necessary. This activity shall be supervised
by the person in charge of the licensed premises. There shall be
provided adequate facilities, equipment and supplies on the
licensed premises to meet this requirement, and adequate ventila-
tion and illumination shall be provided to permit thorough, complete
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cleaninq of the entire licensed premises. Trash and qarbaqe
shall not be permitted to accumulate or to become a nuisance on
or in the immediate vicinity of the licenaed premises but shall
be disposed of daily or as often as collections permit.
9-10-21: SELF-INSPECTION OF LICENSED PREMISES
The licensee of a licenaed premiaea, or hia designated
representative, shall make sanitary inspections of the licensed
premises at least once a month.an4 ahall record hi• findings on
a form supplied by the licensing officer. Each
licensed premises shall post and maintain in a readily accesaible
place a schedule for maintaining the sanitation of the preaiaes.
9-10-22: 'SEALING FOR UNSANITARY OR UNSAFE CONDITIONS.
A licensed premises, or any part thereof, may be aealed
by order of the licensing officer on his finding of a viola-
tion of this chapter resulting in an unsanitary or unaafe
condition. Prior to sealing, the licensing officer shall
serve on the licensee, by personal service on him or by post-
ing in a conspicuous place on the licenaed premises, a notice
of the violation and an order to correct it within twenty-
four hours after service. If the violati~n is not so corrected,
the licensing officer may physically aeal that portion of the
licensed premises causing the violation and order the dis-
continuance of use thereof until the violation has been
corrected and the seal removed by the licensing officer.
The licensing officer shall affix to the sealed premises a
conspicuous sign labeled •unclean• or •unaafe,• as the case
may be.
9-10-23: ABATEMENT AS SAHITARY NUISANCE
A licensed premises, or any part thereof, may be abated as
a sanitary nuisance.
9-10-24: INTERFBRENCB WITH INSPECTORS
No person shall interfere with or obstruct inspectors in
the performance of their official duties.
9-10-~S: TAMPERING WITH NOTICES, ETC.
No person shall mutilate, obstruct, tear down, remove or
otherwise tamper with any official notice, seal or poster unleaa
auL h orized to do so by the licensin9 officer by this chapter •
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9-10-26: FALSE STATEMENTS P1'0HIBITED
No person shall knowingly make, induce or cauae to be made
by another a false, untrue or aialeading atatement or a aignature
of another on a certificate, application, regiatration, report
or other docwnent required to be prepared purauant to thi• chapter.
No person shall knowingly make a falae,untrue or mialeading oral
statement to the ~icensing officer aa to any matter investigated
by the licensing officer.
9-10-27: UNLAWFUL REPRODUCTION OR
ALTERATION OP DOCUllBNTS
No person shall reproduce or alter or cause to be reproduced
or altered a license, report, certificate or other document
issued by the licensing officer if th• purpose of the reproduc-
tion or alteration is the evasion or violation of a provision
of this chapter or any other law.
IMMUNITY PROM PROSBCUTION 9-10-28:
All officers and employees of the City who are acting within
the scope of their authority and duties under this chapter shall
be inunune from prosecution, civil and criminal; for trespass
upon real property.
PART rv
PENALTIES
9-10-29: VIOLATIONS
Any person who, knowingly and wilfully:
(a} operates, or procures or acquiesce& in the op~ation
of, an unlicensed premiaea contrary to E.M.C. i9-10-l61 or
(b} admits, or procures or acquieaces in the adllliaaion
of, a minor within a licenaed premise&; or
(c} sells, barters or gives, or offers to sell, barter or
give, or procures or acquiesces in a sale, barter or
gift, or in an offer to sell, barter or give, to any
minor any service, device or thing sold or offered for
sale by an adult bookstore, adult motion picture theater,
adult massage parlor or adult dancing establishment; or
(d} maintains, or procures or acquiesces in the maintaining
of, a licensed premises in an unsanitary or unaafe
condition contrary to the provisions of this chapter; or
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(e) having a duty to conduct the aelf-inapection required by
E.M.C. §9-10-21, fails ·.or refuaea, or procures o~
acquiesces in a failure or refuaal, to conduct said
self-inspection1 or
(f) interferes with, or procure• or acquieaces in an
interference with, an inapector contrary to ·E.M.C.
59-10-24; or
(g} violates any provision of B.Jl.C. • 69, 59-10-1 et seq·; or
(h) maintains, or procures or acquieaces in the maintenance
of, a nuisance on a licenaed premiaes1
shall be guilty of a violation of th• 1969 Englewood Municipal
Code, as am~nded. For violation• that are of a continuing
nature, each· day that the violation continues shall be a
separate offense.
9-10-30: CIVIL PBNAL'l'IBS
In addition to or in lieu of the penalties that may be
otherwise imposed, the licenaing officer may assess the follow-
ing civil penalties:
(a) A person who operates or attempts to operate an adult
bookstore, adult massage parlor, adult motion picture
theater or adult dancing eatablishment without having
first obtained a licen•• under thi• chapter may be
assessed a civil penalty of up to three hundred dollars.
(b} An applicant for a licen•• under this chapter, and any
officer, director, partner, agent or attorney ·of auch an
applicant, who knowingly make• a falae statement or
provides false information on any document or paper
accompanying and forming a part of auch application, ahall
be assessed a civil penalty of up to two hundred dollars
for each such falae atatellent or false item of information.
(c) A licensee or employee who fails or refuses to renew his
license within the period granted by E~M~C~'69, 9-10•7(b),
may be assessed a civil penalty of up to fifty dollars
for each day beyond said period that said refusal or fail-
ure continues, but not to exceed three hundred dollars
for each refu&al or failure.
(d) A licensee, and any agent, officer, aervant or employee
of a licenaee, who maintain• a nuiaance on the licensed
premises or permits the licenaed premises to be unsanitary
or unsafe, may be asseaaed a civil penalty of up to one
hundred dollars for each day that the nuisance or unsafe
or unsanitary condition continues •
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(e) A licensee who move• bi• licenaed premiaaa without
approval by the l .icenain9 officer or who changes the name
of his buaine11 without notifyinq the licensing officer,
contrary to E.M.C.'69·,19-10-9,may be a11essed a civil
penalty up to three hun4recf .dollara.
(f) A licensee or employee who does not keep the records
and make the reports required by any of the agencies
herein may be assessed a civil penalty of up to fifty
dollars for each violation.
(g) A licensee, and any agent, officer, aervant or employee
of a licenaee, who fail• to correct violations of the
general and applicable apecial ~equirements for the
licenaed premiaea, aa apecified in Part II, may be
a••••••d a civil penalty of up to two hunared dollars
for each violation obaerved and ·not corrected within the
period preacrib•d by the licenain9 officer, the Depart-
ment of Community Development, or th• !'ire Marshal, as
the ca•• may be.
(h) Any peraon who aid• or participate• in a violation for
which a civil penalty may be aa1ea1ed under this chapter
shall be considered a principal in the violation and
may be asseased a civil penalty of up to the maximum
amount prescribed for that violation •
9-10-31: ASSESSMENT AND RECOVERY OP
CIVIL PBNAL'l'Y
Civil penalties shall be aaaeaaed by the licensing officer,
based upon findings certified by the Department of Community
Development or Fire Marshal, 9ivin9 due conaideration to the
appropriateness of the penalty with reapect to the gravity
of the violation, the good faith of the violator and the history
of previoua violationa. Civil penalti•• aaaeased and owed
under this chapter ahall be paid to the licensing officer for
deposit into the General Pund and may ~e recovered in a ~ivil
action in the name 0£ the Ci'.ty. A licensee may peti.tJ.:on the
licensing officer in accordance with E.M.C. '69, 59-10-5, for
a hearing in review of licenai~g officer's decision.
Section 2. Severability. If any provision or clause of this
ordinance or application thereof to any person or circumstance is
held unconstitutional or otherwise invalid in any court of competent
jurisdiction, such invalidity shall not affect other ordinance pro-
visions or clauses or applications thereof which can be implemented
without the invalid provision, clause or application and to this
end the provisions and clauses of this ordinance are declared to be
severable.
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Section 3. Emergency. The adoption of thi• ordinance is
necessary for the preservation of the public peace, health and
safety for currently adult entertainment e•tabli•hments are
unregulated and this lack of regulation i• harmful to the
business community and the citizens of Englewood, and this
ordinance shall be effective upon it• final pa••age according
to the Charter of Englewood.
Section 4. Penalty. Violation of this Ordinance shall be
punished in accordance with the E.M.C. '69, a• amended.
Introduced, read in full, and pa•••d on fir•t reading on
the 3rd day of August, 1981.
Published as a Bill for an Ordinance on the 5th day of
August, 1981.
Read in full and pa••ed a• ... nded on final reading on the
10th day of August, 1981.
Published in full aa amended •• Ordinance No.~ , Series
of 1981, on the 12th day of Au9uat, 1181
~1(@4; U9iii .oti• , Mayor
Attest:
e{~io~r"7~
I, Gary R. Bigbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above
and foregoing i• a true, accurate and complete copy of the
Ordinance paaaed on final reading a• amended and publi•hed in
full as amended as Ordinance No. 0,I _ , Series of 1981.
Uz<J~~~