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HomeMy WebLinkAbout1982 Ordinance No. 009ORDINANCE NO. q SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO INCLUDE A NEW SECTION 13 TO CHAPTER 2, RELATING TO NUDE DANCING AND UNLAWFUL LEWD ACTS, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado, licenses establish- ments to sell liquor; and WHEREAS, the City Council of the City of Englewood is con- cerned about the effect of certain sexual performances in estab- lishments where liquor is served; and WHEREAS, the City Council feels that a prohibition on sexual performances in liquor-licensed establishments is the best way to ensure the health, safety, and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI of the Englewood Municipal Code of '69 be amended to include a new section as follows: 11-2-13: UNLAWFUL LEWD ACTS , NUDE DANCING (a) It shall be unlawful for any establishment holding a liquor license under the laws of the State of Colorado and the City of Englewood to permit the following conduct on the licensed premises: (1) the performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) the actual or simulated touching , caressing or fondling of the breast, buttocks, anus, or genitals; (3) the actual or simulated displaying of the pubic hair, anus, vulva, or genitals; (4) any actual or simulated dance which violates section (1) through (3) above; (5) permitting any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. .. .., . (b) The above prohibitions shall include any film or pictures depicting acts a live performance of which would be prohibited by section (a) above. Section 2. That an emergency is hereby declared in that the Englewood Municipal Court has found legislation relating to obscene performances unconstitutional and the passage of this ordinance is necessary for the immediate health, safety, and welfare of the public. Introduced, read in full, and passed on first reading on the 1st day of February, 1982. Published as a Bill for an Ordinance on the 3rd day of February, 1982. Read by title and passed on final reading on the 16th day of February, 1982. Published by title as Ordinance No._g__, Series of 1982, on the 17th day of February, 1982. Attest: 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 the Ordinance passe~ on final reading and published by title as Ordinance No._::J__, Series of 1982. -2-