2.4.104: LICENSE REQUIRED:
   A.   License Required: It shall be unlawful for any person to operate a sexually oriented business within the City without first obtaining a license.
   B.   Application Requirements:
      1.   An application for a license under this article shall be submitted on a form provided by the City Clerk's Office.
      2.   In addition to those matters required by section 2.1.403 of this chapter, the application must be accompanied by a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and designating the use of each room or other area of the premises.
      3.   The diagram shall designate those rooms or other areas of the premises where patrons are not permitted.
      4.   The diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").
      5.   The diagram shall designate the place at which the license will be conspicuously posted 1 .
      6.   No alteration in the configuration of the premises or any change in use of any room or area as shown on the diagram may be made without the prior written approval of the Deputy Licensing Officer.
      7.   The Deputy Licensing Officer may waive the site diagram for renewal applications if the applicant adopts a diagram that was previously submitted, certifies that the configuration of the premises has not been altered since it was prepared and that the use of any area or room in the premises has not changed.
   C.   Qualifications; Inspection: The applicant must be qualified according to the provisions of this General Licensing Code and the premises must be inspected by the Fire Department, Building Official of the Pikes Peak Regional Building Department and the Deputy Licensing Officer and be found in compliance with the law.
   D.   Submission Of Zoning Permit; Appeal 2 : Contemporaneously with the submission of an application for a license, the applicant shall submit the permit from the Zoning Administrator indicating that the requirements of the City's Zoning Code are met unless the applicant's sexually oriented business is an existing nonconforming use under the provisions of the City's Zoning Code.
In the event that a permit is subject to appeal, no further action shall be taken upon the sexually oriented business license application until the use appeal is finally adjudicated.
   E.   Signatures Required: If the applicant is an individual, that person must sign the application for a license. If the applicant is other than an individual, every person who has a five percent (5%) or greater interest in the business must sign the application for a license. If the applicant is a corporation, all officers and directors of the corporation must sign the application for a license. If the applicant is a limited liability company, every member holding a five percent (5%) or greater interest in the company and every manager must sign the application for a license. (Ord. 92-159; Ord. 99-17; Ord. 01-42; Ord. 14-79)

 

Notes

1
1. See subsection 2.4.105B of this article.
2
2. See the City's Zoning Code, chapter 7 of this Code.