ARTICLE 4 SEXUALLY ORIENTED BUSINESSES
SECTION:
2.4.101: Purpose And Description
2.4.102: Definitions
2.4.103: Application Of Article 1 Of This Chapter
2.4.104: License Required
2.4.105: Issuance Of A Sexually Oriented Business License
2.4.106: Manager Registration
2.4.107: Employee Registration
2.4.108: Inspection
2.4.109: Expiration Of License
2.4.110: License Suspension Or Revocation
2.4.111: Mandatory License Revocation
2.4.112: Minimum Age
2.4.113: Hours Of Operation
2.4.114: Peep Booth Regulations
2.4.115: Lighting Regulations
2.4.116: Additional Regulations; Adult Theaters And Adult Cabarets
2.4.117: Conduct For Sexually Oriented Businesses
2.4.118: Sexually Oriented Businesses; Employee Tips
2.4.119: Adult Motel Regulations
2.4.120: Injunction
2.4.121: Fees
The purpose of these regulations is to provide for the regulation and licensing of sexually oriented businesses within the City in a manner which will protect the property values, neighborhoods and residents from the potential adverse secondary impacts of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses the opportunity to do so. It is not the intent of this article to suppress any speech activities protected by the first and fourteenth amendments of the United States Constitution or article II, section 10 Colorado Constitution, but to impose content-neutral regulations which address the adverse secondary impacts of sexually oriented businesses. Nothing in this article is intended to authorize or license anything otherwise prohibited by law.
Sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution. The concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses to protect the health and well-being of the citizens, including the patrons of sexually oriented businesses. Licensing of sexually oriented businesses is a legitimate and reasonable means of ensuring that operators of sexually oriented businesses comply with reasonable regulations and that operators do not knowingly allow their businesses to be used as places of illegal sexual activity or solicitation. There is convincing documented evidence that sexually oriented businesses, due to their nature, have a deleterious effect on both the existing businesses around them and surrounding residential areas, causing increased crime and downgrading of property values. The purpose of this article is to control adverse impacts from sexually oriented businesses and thereby protect the health, safety and welfare of the citizens, protect the citizens from increased crime, preserve the quality of life, preserve the property values and character of the surrounding neighborhoods and deter the spread of urban blight. (Ord. 92-159; Ord. 01-42)
ADULT ARCADE: Any place to which the public is permitted or invited where coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE: A business having as a substantial and significant portion of its stock and trade, revenues, space or advertising expenditures resulting from the sale, renting or viewing of one or more of the following:
A. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or video reproductions, laser disks, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for specified sexual activities.
ADULT CABARET: A nightclub, bar, restaurant or similar business which regularly features:
A. Persons who appear in a state of nudity; or
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL: A hotel, motel or similar business which offers private rooms to the public and provides patrons live performances or closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER: A business where films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE: Includes any person who is paid directly or indirectly by the licensee for services performed on the premises whether the person would otherwise as a matter of law be classified as an employee, agent, manager, entertainer or independent contractor.
MANAGER: Any person other than a licensee who is employed by a sexually oriented business to act as a manager or supervisor of the employees, finances or patrons of the business or is otherwise responsible for operation of the business.
PEEP BOOTH: A viewing room, other than a private room, of less than one hundred fifty (150) square feet of floor space upon the premises of a sexually oriented business where there is exhibited photographs, films, motion pictures, videocassettes or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PRIVATE ROOM: A room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room and is used primarily for lodging.
SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment which as one of its primary business purposes offers for any form of consideration a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:
A. The opening or commencement of any sexually oriented business as a new business.
B. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business.
C. The addition of any sexually oriented business to any other existing sexually oriented business.
D. The relocation of any sexually oriented business.
E. The continuation of a sexually oriented business in existence on the effective date hereof.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point above the top of the areola.
B. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Acts, simulated acts, exhibitions, representations, depictions or descriptions of:
A. Human genitals in a state of sexual stimulation or arousal.
B. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
C. Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into an animal's body.
D. Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.
E. Flagellation, mutilation or torture for purposes of sexual arousal, gratification or abuse.
STAGE: A raised floor or platform at least three feet (3') above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least thirty six (36) square feet in area. (Ord. 92-159; Ord. 01-42)
The provisions set forth in article 1 of this chapter shall apply to this article except to the extent that the provisions are superseded by the provisions of this article or are in conflict with the provisions of this article. (Ord. 92-159; Ord. 01-42)
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