HomeMy WebLinkAbout1981-08-10 (Special) Meeting Agenda•
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_City Council Meeting-Special
August 10, 1981
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CITY COUNCIL MEETING
August 10, 1981
RESOLUTION I 38, 39, 40, 41, 42
ORDINANCE 1ft 63, 64, 65, 66
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AGENDA FOR THE
SPECIAL MEETING OF
THE ENGLEWOOD CITY COUNCIL
AUGUST 10, 1981
5 :00 P.M. Call to order, invocation, pledge of allegiance,
and roll call.
1. Ordinance on Final Reading .
(a) Ordinance establishing licensing procedures,
requirements for premises, enforcement pro-
visions, and penalties for adult entertainment
establishment s by adding Chapter 10 to Title IX
of the Englewood Municipal Code of 1969 as
amended and declaring an emergency. (Copies
enclosed.)
2 . Adjournment .
I , ) . ' ( ~L ,//,
LANDY MC COWN
City Manager
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~~ ROLL CALL
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Moved Seconded Aye Na y Absent Abstain
Hioday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Hiqday ;....-
Neal 1.--
Fitzpatrick 1.---
Keena 1.---
Bi lo 1.--
Bradshaw J...-
Otis 1,.-/
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
L Hiqday -Neal
Fitzpatrick
Keena
I-Bi lo
Bradshaw
1_ Otis
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday
L--Neal
f.,# Fitzpatrick
Keena
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Otis
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
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Neal ,__..
Fitzpatrick l--
Keena L---"
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday ,__
Neal 1---
Fitzpatrick L--
Keel} a L----
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Bradshaw I.-'
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BY AUTHORITY
ORDINANCE NO. 0 ~
SERIES OF 198_1 __ __ COUNCIL BILL NO. 70
INTROCUCED BY COUNCIL
MEMBER. __ ~N~E~A~L~-------
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
ENGLE WOOD 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 es tablish
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 establ ~shment, as defined herein,
shall be permitted within the City of Englewood except as
herein provided. Not later than 30 days after the effec ive
date of this ordinance all adult ntertainment es ablishments
lawfully operating within the Ci y of Englewood on or before
the effective date of this ordinance shall apply for an Adult
Entertainment License . There fter, he licensing officer shall
have 45 days to approve or deny the license, during which
per1od of time operation is permitted. ~o adult entertainment
establishment in operation on or before the effective date
of this ordinance shall ch nqc i s business location, cause
expansion of its operation, or modify any other activity
regulated by this ordinance , without first complying with
the requirem nts of this ordinance.
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9-10-2: DEFINITIONS
For the purposes of this chapter the following definitions
apply:
Adu.L t Arcade mean!; an establl.shment where, for .. wy lur111 o.L
cons-l.deratl.On 1 one or more motion picture projector:.., :;l.i.u~..;
projectors or sJ.mi.Lar machines, for viewing by five 01.·
fewer persons each, are used to show films, motl.on p.i.cLur~..;:.,
video cassettes, slides or other photographic reproducL1unu
•;~hich are characterized by an emphasis upon the d~..;pictivn
or descrl.ption of "specified sexual actJ.vities" or
"specl.fied anatomical areas."
!·.du.l.t boolc>i:.or.e means <t placc:l where booll:s, rnag'-L:.~ine s,
inolTon picture~, pr.in·i:.s, photoqraph.G, periodicals, rcco~d
i .n gs , novelties aild devices, or any of these things, w!uch
l1a v e ~.s their prihlary or dominant thc1nE: r<~attcl.· depic ·.;.i.n~/,
illustrating, clescribing or relating to sptlcifiud s~;,uul
activitie» are sold or offered for sale to adults ~nd
incl udes a place with only a portion or section of its
area set aside for the display or sale of such IUdtcrial
to adults, except that any place, otherwise included wii:.hiu
·t his definition, that derives no·t more than ten percent
of its gl.·oss irtcome from the sale of such material shall
}.,a e,~empt f.com the provisions of this chapter so long c.~:;
such material is kept· in a location where it is not v.i.:.iblu
and shall not be a &oillf-service item for the c:ustoraera of
such place.
dult Cabaret 1118ans a nightclub, bar, restau.:-ant o~
;-':Uil.i.lar establishment which regulArly features live
1>crformances which a:~;e characterized by tho e;cpocu1.· ·
of "soeoifiad anatomical areaa• or by "specilied
sexual ac~ivities," or films, motion pictures, video
cassettes, slides or other photogr phic reproductl.ons
which ar7 c~aracterized b~ an emphasis upon the depiction
or descn.ptJ.on of "specifJ.ed sexual activities" or
"specified anatomical areas."
Adult dancinf establishm nt me ns business th t features
dancers d1sp aying or exposing specified anatomical areas.
dult book
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Adult motion picture booth mean:; an enclosed area within
an adult mot~on p~cture theater de:oigned or used for the
viewing by· one or. two persons of motion pictures which h4ve
as their primary or dominant then1e matters depicting, illus-
trating or relating to specified sexual activities.
Adult motion picture theat~:::r means an enclosed building, or
a port~on or part of an enclosed building, or an open-air
theater designed to permit viewing by patrons seated in
automobiles, used for presenting on a regular basis film
material which has as its primary or dominant theme matters
depicting, illustrating or relating to specified sexual
activities for observation by adult patrons thereof, and
includes any hotel or motel, boardinghouse, rooming house
or other lodgeing for transient customers which advertises
the presentation of such film material.
GOOD MORAL CHARACTER. A PERSON IS OF GOOD MORA L CHARACTER
ACCORDING TO THIS CHAPTER IF THAT PERSON HAS NOT BEEN CONVICTED
OF A FELONY OR ANY CRIME NOT A FELONY IF IT INVOLVES MORAL
TURPITUDE IN THE PAST FIVE YEARS . THE LICENSING OFFICER MAY
ALSO TAKE INTO ACCOUNT SUCH OTHER FACTORS AS ARE NECESSARY TO
DETERMINE THE GOOD MORAL CHARACTER OF THE APPLICANT OR EMPLOYEE.
CONVICTION . CONVICTION SHALL INCLUDE PLEA OF NOLO CONTENDERE
OR THE FORFEITURE OF BOND WHEN CHARGED WITH SUCH A CRIME.
Public Park neana a park, playground, swimming pool, beach,
p~er, reservoir, golf course or athletic field under the
control, operation or management of a governmental entity.
Specified Anatomical Areas as used herein, shall mean and ~nclude any of the follow~ng:
{1) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female
breasts below a point immediately above the top
of the areolae; or
{2) Human male genitals in a disc rnibly turgid
state,even if completely and op quely covered.
Specified sexual activiti s means:
(l) hum n genitals in a state of s xual stimul tion
or arousal1
(2) acts of human damitism, n lingua, b st~ lity,
cunnilingus, coprophili , fellation, fl 9 ll tion
frott ge, rna ochism, m sturb tion, adi m,
sadom aochiam, a xual intercoura , sodomy or
urolagnia; and
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(3) fondling or other erotic touching of human genitAls,
pubic region, buttock or female breast.
9-10-3: ADULT ENTERTAINMENT
ESTABLISHMENT APPLICATION
(a) Applicants for a license to operate an adult entertain-
ment P.stablishment shall submit a written application
to the licensing officer on forms containing the follow-
ing information:
(1) the name and legal residence address for voting
purposes, business and residence telephone numbers
of the applicant .
(i) If a partnership, the name and address o f
each partner;
(ii) If a corporation, association or other organi-
zation, the names and addresses of the
president, vice president, secretary, managing
officer, each director and each shareho lder
who owns more than 5% of t he outs t a n din g
shares of stock.
(2) The trade name of the applican t.
(3) Wh e the r t h e a pplican t , any partners of a partner-
s h ip , o r any off ice r s, directors, or any shares-
hold ers of a corporaing holding more than 5% of the
outstanding shares of stock, or any of their spouses
have any financial interest in any other adult
entertainment establishment.
(4) The age and date of birth of the appl~cant, of ny
partners, or of ny and all officers, of any
stockholders of more than 5\ of the shares of the
corporation stock outstanding, 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,
stockholders holding more than 5% of the outstanding
shares of the corporation, or the directors of the
applicant, if the applicant is a corporation, h a s
ever been convicted of any crime constituting a
felony, or ?nY crime not a f e lony, ~~ W~aisipal ~gae
· ;elr,·en involving moral turpitude in the past
5 years and, if so, a complete description o f any
such crime, include date of violation, date of
conviction, jurisdiction and any dispos i tion, i n c lud-
ing any fine or s e ntence imposed and wh ether te r ms
of disposition have been. full y complete d.
(6) Address of the premises to be licensed.
(7) Whether the premises are owned or rente d and if
applicant has a right to legal possession of the
premises, copy of those documents giving such l eg a l
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 o f
authority to do business in Colorado, including
Articles of Incorporation, Trade Name Affidavit, if
any, last annual report, if any.
(9) At least three (3) character refe r e n ces f rom
individuals who are in no way relate d t o the a ppli-
cant or individual shareholders, of fic ers, or
directors of a corporation a n d wh o a r e not or will
not benefit fi nanci ally i n any way from t h e a pplica-
t i on if the lic ense is g ranted and who have not b een
convicted o f a n y fe lony o r a Municipal Code violation
in v o lving moral turpitude in the past 5 years. The
lice n s i n g officer shall prepare forms consistent
with the provisions of this s ubsection for t h e
applicant who shall submit all character references
on such forms.
(10) Business or employment records of the applicant,
p a rtners in a pa r tnership , directors and officers of
a corpo ration and, if a corporation, all shareholders
h old i ng more t h an 5\ of the shares of corporate stock
outstand i n g .
(11) Each appl ican t for adult nt rtainm nt establishment
shal l be v e r ified a n d acknowl dged und r oath to be
tru a nd corr ct by:
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(a) if the applican·t 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 organization, 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 chapte r shall be issued
to or held by:
(1) an applicant who has not paid all required fees;
(2) any person who is not of good moral character;
(3) any corporation, any of whose officers, d i rectors or
stockholde rs holding over 5% of the outstanding
issued shares of capital stock who are not of good
moral character;
(4) any partnership or association, any of whose of f icers
or member s holding more than 5% interest the re i n who
are not of good moral characte r;
(5) any person employing, assisted by, or financed i n
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 o f the United
States , State of Colorado, or City of Enqlewood.
(b) Should her b e a s u fficie n t n umbe r of current licenses
to meet the needs and desi r es of th inhabitan s of he
Ci y , none~ licenses s h all issu . IN DE TERMINING THE
NEEDS AND DESIRES OF THE IN HA BITANTS , THE STANDARD OF
REVIE W SHALL BE THAT THE MARKET IS VIRTUALLY UNRESTRAINED
AS DE F I NED IN YOUNG v . AMERICAN MINI THEATERS, INC.
4 27 U .S. 50 , :J~Ct . 2 4 40fl976). ---
9-10-5: DECISION OF LICENSING OFFICER
(a) Upon receipt of an application, the lie nsing offic r shall
perform a background investigation of the applicants and
the informat i on cont ai ned i n th appli c at i on. ~h e l icensing
o f ficer is uthoriz d to i nve tigate ny f ac t t h a t m y b
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relevant OR is believed to be relevant TO DETERMINE THE
ELIGIBILITY OF THE APPLICANT FOR A LICENSE. The lice ns-
ing officer is authoriz ed to seek assistance of law
enforcement agencies or such other assistance as the
licensing officer believes necessary.
(b) The licensing officer shall provide a ee~y NOTICE of the
results of the licensing officer's investigation TO THE
APPLICANT. At any time the licensing officer may suppl e -
ment the investigation report with additional or newly
found information.
(c) The licensing officer shall either issue he license within
90 days of the date of application or sch edule a he aring 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 BINDING ON THE APPLICANT.
(d) The licensing officer has the authori y to r e use to issue
any license AS SET FORTH HEREIN for geoe ea~~e FAILURE OF
THE APPLICANT TO MEET LICENSING REQUIREMENTS, subject to
review o£ ~~e reeore by City Council.
(e) A copy of the decision of the licensing o fice r shall be
sent to the applicant by cer ified mail at he address
shown on the application.
(f) No license shall be issued by he licensing officer afte r
approval of an application un il the building in whi ch
the business is to be conducted is ready for occupancy
with such furniture, fixtures, and equipm nt in places
necessary to comply wi h the provisions of this chapter
and only after inspec ion of the premis s has been made
by the licensing officer to d termine tha applican has
complied with th archi ec 's drawing and plo plan and
detailed sketch for the interior of he building su -
mitt d with h pplic ion.
(g)
(h)
Upon r quest of n ppl1c n within fif n days AFTER
THE EFFECTIVE DAT OF THE LICE SING OFFICER'S DECISION,
or upon its own mo ion, th City Council m y revi w th
decision of h lie nsing offic r OR THE CITY COUNC IL,
IN ITS DISCRETION, MAY TAKE ADDITIONAL EVIDENCE AS IT
BELIEVES NECESSARY nd issu such ord r s to h Council
pp r prop r. Th cision of th Ci y Council sh 11
b consid r FI AL d cision of th Ci y.
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9 -10-6: DISPLAY OF LICENSE
All licensees licensed under this chapter shall d isplay 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 r e move a license so displayed.
9-10-7: TERM OF LICENSE
(a) No license shall be issued until all fees have been
received by the City. All licenses granted 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 chapte r shall be entitled REQUIRED
to renew his license from year to year as a matter of course .
The licensee must present the license tor the previous
year or satisfactory evidence of its loss or destruction
to the tax collector and by paying the appropriate license
fee. Application for renewal of any existing license
shall be made to the City licensing officer not less than
forty-five (4 5) days prior to the e x piration date . Appli-
cations for renewal shall provide the same information as
that contained on the application e x cept as waived by the
licensing officer as being 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 licensing officer. The licensing officer may allow
the delinquent licensee to renew after the said date
of the anniversary date for good and sufficient cause
shown; however, a penalty of 25\ of the license fee shall
be imposed and collected prior to renewal of the license.
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9-10-8:
(a)
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SUSPENSION AND REVOCATION OF LICENSE
The licensing officer is given full power to suspend
or revoke any license issued under this chapter where
the licensing officer determines upon sufficient cause
that:
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(3)
(4)
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The licensee, his or its agents, office r 7 , s~rvants
or employees, maintain or continue to ma1nta1n a
nuisance on the licensed premises;
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 F1re
Marshal.
Violation of the ordinances of the City of Englewood,
the laws of the State of Colorado or the United
States of American has occurred.
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 . whether
cw:;.~ -tohe -1-~r J:t.k& el!' i:~s-ai!Jei'I~ST -effi:eers,
sec~~~~~~Ye-beel'l -eel'lvie~ee-ef-any
such-~:J.a.to.i.on,~l:-l:--not-be -eon!trdered-rn-proceed
.i:m]s -before -ttre--l:Tcerrs"In-g-offreer -for -sospens±on-or
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(b) Before the licensing officer shall suspend or revoke a
license, said licensing officer shall furnish the licensee
w ith a written statement, by certified ma i l or by personal
service of the cause for suspension or revocation o f 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 m tter.
(2) If a hearing is request d, the licens shall b
entitled to produce witnesses, cross-xamin wit-
nesses, and b repres nted by couns 1.
(3) The procedure for the he ring before h lie nsi ng
officer sh 11 be as found in E. M.C. '69, l-7-1 et
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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 ~ity
Council of the City of Englewood, who shall rev1ew
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 EXPIRA TION OF THE
30-DAY SUSPENSION A REVOCATION PRO CE EDING IS COMMENCED.
-fet (d) e~~m~ftai CIVIL P n lti cs : Condition s fo r R i n s e rn nt.
In the order of the licensing officer suspending or revok-
ing a license, 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 tie 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: TRANSFER OF LICENSE/CHANGE OF NAME
(a) No license grant d by this chapter shall be transferred.
(1) Tr nsfer shall includ any assignrn nt of any interest
in the license to any person not identified on the
application for the license.
(2)
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transfer of lie ns includes a transfer of more than
of the outstanding shares of the corporation. ~ a
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(b) The licensee shall not conduct business under a name not
submitted to licensing officer prior to use.
( l)
(2)
9-10-10:
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, imp rope r,
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.
The licen sing officer shall issue his opinion to the
licensee in writing by certified mail or personal
service. The licensee is entitled to a hearing b efore
the licensing officer, should the licensee, within
twenty (20) days after date of mailing or service ,
request such hearing in wr itin g. Procedure shall be
as found in E.M.C. '69, l-7-l et seq. The decision
of the licensing officer may be appealed to City
Council wh e re decision shall be final.
LICENSE FEE
There are hereby levied the f ollowing annual l~cense fe es
under this chapter:
(a) Adult ·Book Store $2,000.
(b) Adult Motion Picture Theaters s follows:
(l) 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 speake r or
parking place; or
(4) having a combination of any of the foregoing, the
license fee applicable to each under subparagraphs
l, 2 and 3.
(c) Adult d ncing establishm nt-$2,000.
(d) When any adult entertainm nt stablishm nt maintains
more than one activity, each of the for going fees is
imposed. AUTHORITY TO PROMULGATE RULES
9-10-ll: RECORDS AND REPORTS; ~ ~ ~ENiE•
(a}Each license shall keep such r cords nd mak such r por s
s may be r quir d by th lie ns~ng off~c r, th D rtmcnt of
Community Dev lopm nt nd h M rahal to impl m nl this
chapter and carry ou i s purpo By pply~ng for a l~c na
under this ch p er, n indiv~du 1, p rtn rship or corpor tion
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shall be deemed to have consented to the provisions of this
chapter and to th~ exercise by the lic~nRina officer of the
powers given herein in the manner herein specified.
(b) The licensing officer is authorized to promulgate rules
and regulations not inconsistent with this chapter or
the Englewood 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.
§§ 9-10-13, 9-10-14, 9-10-15, each licensed premises shall:
(a) conform to the requirements of the Uniform Building Code,
except to the extent when a requirement in the Uniform
Building Code conflicts with a special requirement contained
in E.M.C. §§9-10-13, 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, §22. 7
of the Comprehensh·e Zoning 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, exclusiv2
of attendants and assistants, such structure shall have
electric, battery-operated, emergency lights u ing reliable
type storage batteries provided with suitable maintenance
in properly charg d condition; provided, that dry batteries
shall not be used, and further provided th t electric
storage batteries 11 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
sh 11 not apply to adult motion picture thcat rs which
are open-air theaters designed to permit viewing by
patrons seated in automobiles.
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(e ) CONFORM TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING
OR DI NANCE OF THE CITY OF ENGLEWOOD , ORDI NANCE NO . 26 ,
SERIES OF 19 73;
(f) CON FORM TO ALL OTHER ORDINA NCES OF THE CITY OF ENGLEWOO D.
9-10-13: ADULT BOOKSTORE
I n addition to the general requirements contained in E.M.C.
§9 -10-12, an adult bookstore shall observe t h e following special
req u i r e ments:
(a ) All materials, devices and novelties shall be so dis-
played that they cannot be seen by anyone other than
customers who have entered the licensed premises.
(b) If recordings are o f fered for sale a n d c u stome r s may
l isten to them whil e on the licen sed premises, s oun d-
proof booths or rooms shall be availabl e for use b y
customers who desire to listen, and each such booth or
room shall have:
(1) one clear window, facing the major portion of the
lice nsed premises, covering n ot l e s s than one -f ourth
of the wall area into which the wi ndow is set ,
which window s h al l not b e c overe d or obscured in
any manner while the booth or room i s in u se e xcept
when the booth or room is used or view i ng motion
pictures;
(2) s uf ficient ehaire er ee ~ehee SEATING to accommodat
h~ expec cd n mbcr of p rsons who w1ll oc upy the
booth or room a one im ;
(3) the number of per ons who may occupy the booth o r
room at one time clearly stated on or near the
door to the booth or room , and only that number
shall be permitted in ide the booth or room at
one time; and
(4) the door or doors opening ~nto th booth or room
i ncapable of being locked or otherwise fastened
s o that it or they will f r e ly op n f rom either
side.
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9 -10-14 : ADULT MOTION PICTURE THEATERS.
In addi tion to the general requirements contained in E.M.C.
§9-10-12, an adult motion picture theater shall observe the
following special requirements:
(a) Each adult motion picture booth shall have a rectangular-
s haped entranceway not less than t wo feet wide nor less
t han six feet high, and there shall be a door, curtain
o r other closure closing off the e ntranceway while the
booth is in use, 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
seats e~ ee~eke~ to accommodate the maximum number of
persons expected to use the booth. The maximum number
of persons who may occupy a booth shall be stated on or
near the entranceway, and only that number shall be
permitted to b e 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 other 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, wh eth er it is the
only exit doorway or the last e x it doorway in an exitway,
s hall b e eq uipped with app roved panic hardware as pro-
vi ded in the Uniform Building Code.
(d) Ad ult motion picture booths shall be lighted, wh never
fi lm material is not being shown, such that the light
intensity at e very point thir~y ~nches above the floor
is not less than one-half footcandle, but may be in
complete darkness when film m terial ~s being shown.
Common corridor , passageways or areas sh 11 be const ntly
lighted when in use such that the light intcn ~ty t every
point thirty inches from the floor is not l ss than five-
hundredths of footcandl •
(e) Partition betw n dult motion picture booths sh ll be
considered nonb ring p titions, but they shall be so
constructed s to have f~re-resist nee r ting of not
les than one hour, unless th r where~n the booths
re locat d i pr~nk red~ th n s ~d r qu~r m nts re
w ~v d.
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(f)
(g)
(h)
(i)
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An adult motion picture theater.having o~ly a hall or
auditorium for the showin~ of f~lm mater~al 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 auditori~.s~all conf~rm to
the special requirements for both fac~l~t~es; prov~ded,
that where the special requirements allow for common
elements to be utilized or constructed, th~s may be
done with the approval of the Building ~~6 ge~in~
Inspect~. Bi'<fisio~-:-
ptJ
There shall be provided within or adjacent to the common
corridor, passageway 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.
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-l0-15: ADULT DANCING ESTABLISHMENT
In addition to the general requirements conta~ned ~n
E.M.C. §9-10-12, an adult dancing establishment hall observe
the rollow~ng special requirements:
(a) Any person employed or working in the licen ed premi es
as a dancer shall, while dancing, perform upon ~tagc
or similar structure specially de signed for such danc~ng.
Staqes shall conform to the requirements o Lh c Uniform
Duiiulng Coae , ~nclud~ng the requirements f or appurt nant
rooms if s~ch appurtenant rooms arc used by Lh c ~s l bl~sh
mcnt; prov~ded, that the dancers shall b e prov~ded 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
s tructure designed to hold a small number of persons,
wh ich is not a stage nor ·equipped to be a stage for
theatrical presentations, the platform shall be level
and of sturdy construction and shall be securely fastened
t o the floor or wall during performances. Steps and
handrails shall be provided so that the dancer may mount
to the top of the platform safely under the normal
operating conditions of the establishment in all cases
wherein the top of the platform is more than e ight inches
f rom the surface upon which the platfo rm rests.
9 -10-16 :
PART I II
ENFORCEMENT
OPERAT ION OF UNLICENSED
PR EMISE S UNLAWFUL
It shall be unlawful fo r a n y person to operate an adult book-
store , adul motion pict u re theater , adul massa parlor or
adult dancing establishmen t un less such bus~ness shall have a
curren ly v lid license OR SHALL HAVE MADE PROPER APPLICATION
FOR RE EWAL WITH! THE TIME REQUIRED herefor under his chapter,
which license shall not be unde r suspension or permanen ly or
conditionally revoked.
9-10-17 : ADMISSIO OF MINORS UNLAWFUL
It shall be unl wful for l~cens e to admit or to permit the
admission of minors within a licensed premises.
9-10-18 : SALE TO MINORS U LAWF L
It shall be unlawful for any person o sell, bar r, or give,
or o off r o sell, bar er, or give, o ny minor any service,
material, d vice or hing sold or off red for sale by an adul
bookstore, adult motion pic ure theater, adult mass ge parlor or
dult dancing est blishm n or other adult n er ainm n facili y.
9-10-1
(a)
ADULT USE ESTABLISHMENT MPLOYEES
BMPn ¥EB6 iN i€EH EB P~F ~fRPS
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(b)
(c)
9-10-20:
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emplo yed eft ~fie iieeftse d ~remises AS AN ADULT USE ESTAB-
L ISHME NT EMPLOYEE shall n ot the r eafter wo r k on any licensed
pre mi s e s for a per iod of ~kree F IVE years f r om the date of
s u ch con viction , un l ess a lon ger time is ordered by ~ke
A co u rt OF COMPETENT JURISDICTION . The term "convicted"
shall include an adjudication of guil on a plea of
g u i lty o r nolo contendere or the forfeiture of a bond
when c h a r ged with a crime , and the terms "employed on the
licen sed p r emises " and "work on any licensed premises"
shall i n cl u de as well work done or services performed
while in the scope of employment elsewhere than on he
licensed premises .
~roval for e mployment. Before any person may work on
a-I ~censed prem~ses, he shall file a notice with the
licensing o f ficer of his intended employment on forms
s uppl i e d b y t he licensing officer a nd shall receive
approv al of suc h employ me nt from t h e l i cens i n g of ficer .
The prospective e mp loyee shall supp ly s uch informatio
as t h e licensing officer require s , including a s et of
f ingerprints on reg ular United States Department o f
J ustice f orms. Upon approval, the employee may b egin
working on the license 4 premi se s. If approval is denied ,
the prospective employee may , within t wenty (20) days of
s aid denial, apply to the licen sing officer for a hearing
to be held in 3Ccordance with E.M .C .'69, 1-7-1 et seq.
The decision of the licensing officer a ter hear1ng may b
appeal ed to City Counc1l who may issue such order as 1s
p r oper 1n the prem1ses. An in v estigat~on fee of f1fty
dollars shall accompany the notice of intended employm nt,
or a receipt of the licensing officer evidence the paym nt
of such fee at the time the n otice is filed.
Violation of the provis1ons of this Cod or the rul s
nd regulations of the licensing off1cer shall subject
n employee Lo suspension or revoc tion of licens s
provided in E.M.C. '69, S9-10-B.
CLEANING OF LICENSED PREM SES
Each licensed pr mis s sh 11 be ma~ntained 1n
sanitary condit~on nd shall b cl ned at le a one
rnor frequen ly when n cessary. This activity sh 11 b
nd
rvis d
llb by th p rson in ch rge of th lie nsed prcmis s.
provided equat f cilities, quipm nt and suppl1es on
lie nsed pr mis s o m t th1s r quirem n , nd dequ c v n lla-
ion nd i11 umin ion sh 11 be provid d to p rmi thorough, comp1 t
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cleaning of the entire licensed premises. Trash and garbage
shall not be permitted to accumulate or to become a nuisanc e on
or in the immediate vicinity of the licensed 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 licensed premises, or his designated
representative, shall make sanitary inspections of the licensed
premises at least once a month.an~ shall record his findings on
a form supplied by the licensing officer .. Each . .
licensed premises shall post and ma~nta~n ~n a read~ly access~ble
place a schedule for maintaining the sanitation of the premises.
9-10-22: ·sEALING FOR UNSANITARY OR UNSAFE CONDITIONS.
A licensed premises, or any part thereo f , may be sealed
by order of the licensing officer on his finding of a viola-
tion 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 post-
ing in a conspicuous place on the licensed premises, a notice
of the violation and an order to correct it within twenty-
four hours after service. If the violation is not so corrected,
the licensing officer may physically seal 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 "unsafe," as the case
may be.
9-10-23: ABATEMENT AS SANITARY NUISANCE
A l~ce nsed premises, or any part thereof, may be abated as
a san~tary nu~sance.
9-10-2 4: INTERFERENCE WITH INSPECTORS
No person shall ~nterfere with or obstruct inspectors in
the performance of their official duties.
9-10-25: TAMPERING WITH NOTICES, ETC.
No p rson shall mutilat , obstruct, tear down, remove or
otherw~se tamper with ny official notice, seal or poster unless
a utho r~zed to do so by the licensing officer by this chapter.
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9 -10-26: FALSE STATEMENTS PROHIBITED
No perso~ shall knowingly make, induce or cause to be made
by another a false, untrue or misleading statement or a signature
of another on a certificate, application, registration, report
or other document required to be prepared pursuant to this chapter.
No person shall knowingly make a false,untrue or mis~eadin~ oral
statement to the licensing officer as to any matter ~nvest~gated
by the licensing officer.
9 -10-27: UNLAWFUL REPRODUCTION OR
ALTERATION OF DOCUMENTS
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 the purpose of the reproduc-
tion or alteration is the evasion or violation of a provision
of this chapter or any other law.
9-10-28: IMMUNITY FROM PROSECUTION
All officers and employees of the City who are acting within
the scope of their authority and dutie s under this chapter shall
be inunune from prosecution, civil and criminal,· for trespass
upon real property.
PART IV
PENALTIES
9-10-29: VIOLATIONS
Any person who, know~ngly and wilfully:
(a) op rates, or procures or acquiesces in the ope~~tion
of, an unlicensed premises contrary to E.M.C. §9-10-16; or
(b ) admits, or procures or acquiesces in the admiss~on
of, a minor within a licensed premises; o r
(c ) sells, b rters or gives, or offers to sell, barter or
give, or procures or acquiesces in a sal , barter or
g~ft, or in n offer to sell, barter or give, to any
minor any ervice, device or thing sold or offered for
s le by an adult bookstore, adult mot~on picture theater,
adult massag parlor or adult dancing est blishrnent; or
(d ) ~ntains, or procure or acquiesces in the m intaining
of, lie ns d pr mises in n un anitary or unsafe
condit~on contr ry to th provi ion of thi chapter; or
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(e) having a duty to conduct the self-inspection required by
E.M.C. §9-10-21, fails .or refuses, or procures or
acquiesces in a failure or refusal, to conduct said
self-inspection; or
(f) interferes with, or procures or acquiesces in an
interference with, an inspector contrary to E.M.C.
§9-1 0-2 4; or
(g) violates any provision of E-M.C. '69, §9-10-1 et seq; or
(h) maintains, or procures or acquiesces in the maintenance
of , a nuisance on a licensed premises;
shall be guilty of a violation of the 1969 Englewood Municipal
Code , as amended. For violations that are of a continuing
nat ure , each· day that the violation continues shall be a
separate offense.
9-10-30: CIVIL PENALTIES
I n a ddition to or in lieu of the penalties that may be
othe rw is e impose d, the licens i ng officer may assess the follow-
ing civil penalties:
(a) A person who operates or attempts to op rate an adult
bookstore, adult massage parlor, adult mot~on p~cture
theater or adu lt dancing establishment without having
first obta i ned a lic ense under this chapter may be
assessed a c ivil penalty of up to three hundred dollars.
(b) An applicant for l~cense under th i chupter, a nd ny
officer, director, partner , agent or attorney of such an
app licant, who knowingly makes a fal tatem nt or
provides false information on any documen t or paper
accompanying and forming a part of s uch pplication, shall
be assessed a civil penalty of up to two hundred dollars
for ea c h such false st atem en~ or fals item of information .
(c) A l~cens ee o r employ e who fa~ls or r fus s to ren w h~s l ~ce n se wi h~n th ~ riod gr nt e d by E.M .C.'69, 9-l0-7(b),
m y b e ass ssed a ~v~l p n lly of up to f~fly doll rs
for e c h d ay b yond said period that s ~d r fusal or fail-
ure c ontinues, but no to exc d three hundr d doll rs
fo r a c h r e fusal or f ~lure.
(d) A licensee, and a ny g nt, officer, or mploycc
of licensee , who maintains a nuis nc on the l~ccn scd
premises or perm~t th licen d premi c to b un~ n~t ry
or u n sa f , may be s es ed a civil p n lty of up to one
hun r ~d ollars for ch d y that th nu~ Qnco or un fc
o r un anit ry condit~on continu s.
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(e)
(f)
(g)
{h)
9-10-31:
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A licensee who moves his licensed premises without
ap proval by the licensing officer or who changes the name
of his business without notifying the licensing officer,
contrary to E.M.C.'69·,S9-l0_-:-9,may be assessed a civil
penalty up to three hundred dollars .
A licensee or employee who does not keep the records
and make the reports required by any of the agencies
herein may b e assessed a civil penalty of up to fifty
dollars for each violation.
A licensee, and any agent, officer, servant or employee
of a licensee , who fai ls to correct viol ations of the
general and applicable special requirements for the
licensed premises, as specified in Part II, may be
assessed a civil penalty of up to two hundred dollars
for each violation observed and not corrected within the
period prescribed by the licensing officer, the Depart-
ment of Community Development, or the Fire Marshal, as
the case may be.
Any person who aids or participates in a violation for
which a civil penalty may be assessed under this chapter
shall be considered a principal in the violation and
may be assessed a civil penalty of up to the maximum
amount prescribed for that violation.
ASSESSMENT AND RECOVERY OF
CIVIL PENALTY
Civil p nalties shall be assessed by the licensing officer,
bas d upon findings certified by the Department of Community
Development or Fire Marshal, giv ing due consideration to the
appropr~atenoss of the penalty with respect to the grav~ty
of the violation, the good faith of the violator nd the history
of previous v~olations. Civil penalties assessed and owed
und r this chapter shall be p aid to the licensing officer for
deposit ~nto the General Fund and may be recovered in a civil
action i n tho name or the City. A licensee may pet~t~on the l~c nsing officer in accordance with E.M.C. '69, 59-10-5, for
a h ring in review of licensing officer's decision.
Scverabil1ty. I ny provis1on or clause of h1s
ppl~cation hereof o ny person or
u ional or o h rwis inv lid in
'ur1sdic ion , such inv lidi y shall not aff c o
or cl,uses or pplic ions h r of wh ich
th 1nv lid provis1on, cl us or appl1c
nd c l us s of h1s ordin nc
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Section 3. Emergency. The adoption of this ordinance is
necessary for the preservation of the public peace, health and
safety for currently adult entertainment establishments are
unregulated and this lack of regulation is harmful to the
business community and the citizens of Englewood, and this
ordinance shall be effective upon its final passage according
to the Cha rter of Englewood.
Section 4. Penalty. Violation of this Ordinance shall be
punished in accordance with the E .M.C. '69, as amended.
In troduced, read in full, and passed on first reading on
the 3rd day of August, 1981.
Published as a Bill for an Ordinance on the 5th day of
August, 1981.
~ '1-u.J.L a4-a ryyu >'l.dt.d..
Read ., ~ and passed~on final reading on the lOth day
of August , 1981 .
1 ~~~A.~
Published ~, ti~le as ~Ordinance No. , Series of 1981,
on the 12th day of August, 1981.
A tes Eugene L. Otis, Ma yo r
ex o ~c~o City Clerk-Treasurer
I, Gary R. Higbee , ex officio City Clerk-Tr asurer of th
Ci y of Englewood, Colorado, hereby certify h bove and fore-
going is rue, accura t .,e~ g;;t le co t;Jl_e_ Qrd · nee
p ss d on fin 1 reading~and p fls ed ~srBr ~nance
No. , S ri s of 1981 .
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