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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)
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").
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. |
A. The sexually oriented business shall be issued a license within thirty (30) days after receipt of an application if the requirements set forth in subsections 2.1.601A2 through A7 of this chapter are met, unless the Deputy Licensing Officer finds one or more of the following:
1. An applicant is under eighteen (18) years of age.
2. Within five (5) years immediately preceding the date of the application the applicant has been convicted of an offense constituting a felony involving:
a. Incest as set forth in part 3 of article 6 of title 18, Colorado Revised Statutes.
b. Sexual exploitation of children as set forth in Colorado Revised Statutes section 18-6-403.
c. Procurement of a child for sexual exploitation as set forth in Colorado Revised Statutes section 18-6-404.
d. Obscenity as set forth in part 1 of article 7 of title 18, Colorado Revised Statutes.
e. Prostitution as set forth in part 2 of article 7 of title 18, Colorado Revised Statutes.
f. Offenses related to child prostitution as set forth in part 4 of article 7 of title 18, Colorado Revised Statutes.
g. Public indecency as set forth in Colorado Revised Statutes section 18-7-301.
h. Indecent exposure as set forth in Colorado Revised Statutes section 18-7-302.
i. Sexual assault in the first degree as set forth in Colorado Revised Statutes section 18-3-402.
j. Criminal attempt to commit a similar offense as set forth in Colorado Revised Statutes section 18-2-101.
k. Criminal conspiracy to commit a similar offense as set forth in Colorado Revised Statutes section 18-2-201.
l. Criminal solicitation to commit a similar offense as set forth in Colorado Revised Statutes section 18-2-301.
m. A felony involving a similar offense in any other jurisdiction.
3. An applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.
4. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
5. The premises to be used for the sexually oriented business has not been approved by the Fire Department, the Building Official of the Pikes Peak Regional Building Department and the Deputy Licensing Officer as being in compliance with applicable laws and ordinances.
6. The applicant has not been issued a permit by the Zoning Administrator indicating the requirements of the City's Zoning Code are met and that the permit, if issued, is not subject to appeal or the applicant's sexually oriented business is an existing nonconforming use under the City's Zoning Code.
B. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the business address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C. The Fire Department and the Building Official of the Pikes Peak Regional Building Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the application by the Deputy Licensing Officer. Their certifications shall be promptly presented to the Deputy Licensing Officer. The Deputy Licensing Officer's inspection shall be completed within thirty (30) days after the receipt of the application.
A. It shall be unlawful for any person to work as a manager of a sexually oriented business without first registering with the City Clerk's Office.
B. The registration of a manager with the City Clerk's Office is in lieu of the issuance of a license to a manager.
C. The City Clerk's Office shall register a manager if all of the requirements for a license as set forth under this chapter are met.
D. The manager's registration shall be issued or denied in accord with the criteria for issuance or denial of a license as set forth in section 2.1.601 of this chapter.
A. The licensee or the licensee's employees shall permit representatives of the Police Department, El Paso County Health Department, Building Official of the Pikes Peak Regional Building Department, the Fire Department, Zoning Administration, Deputy Licensing Officer or other City departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law as provided in this article.
B. City departments and agencies shall conduct inspections in a reasonable manner and only as frequently as may be reasonably necessary.
C. Inspections shall take place during the regular business hours of the sexually oriented business or when any person is on the premises.
D. It shall be unlawful for the licensee or any employee to refuse to permit lawful inspection of the premises as provided in this section. (Ord. 92-159; Ord. 01-42)
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