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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)
Each license shall expire one year from the date of issuance and may be renewed in accord with section 2.1.605 of this chapter. (Ord. 92-159; Ord. 01-42)
A. In addition to the grounds set forth for suspension or revocation of a license in subsections 2.1.802A and B of this chapter, the Licensing Officer or hearing officer shall suspend a license for a period not to exceed six (6) months and may revoke a license if the Licensing Officer or hearing officer determines that a licensee or an employee of a licensee has:
1. Violated or is not in compliance with any section of this article.
2. Refused to allow an inspection of the sexually oriented business premises as authorized by this General Licensing Code.
3. Knowingly permitted any unlawful act upon the premises.
B. In determining the action to be taken, the Licensing Officer or hearing officer shall consider the following aggravating and mitigating circumstances:
1. Whether the licensee has been previously suspended or revoked.
2. Whether the licensee was warned that the conduct involved could lead to a suspension or revocation.
3. Whether the cause for suspension or revocation involves one or several violations.
4. Whether the violation(s) are technical or substantive in nature.
5. The extent to which the licensee, licensee's agents and employees, as opposed to patrons, were involved in the violation(s).
6. The extent to which the licensee or licensee's employees had knowledge of the violation(s).
7. Any corrective or remedial action the licensee has taken to prevent similar violation(s) in the future.
8. Whether the violation(s) involved the commission of a crime, and if so, the degree of felony or misdemeanor involved.
9. The extent to which the violation(s) caused personal injuries or property damages.
10. Whether the licensee has paid damages or made restitution to any person or entity damaged by the violation(s).
11. The extent to which the violation(s) posed a significant risk to the health, safety and welfare of persons on or off of the licensed premises.
12. The length of time over which the violation(s) extended.
13. The extent to which the licensee or licensee's employees realized a financial gain from the violation(s).
14. The number of employees, patrons, or both involved in the violation(s).
15. The nature and extent of enforcement action taken by the City or any law enforcement to detect the violation(s).
16. The involvement of any persons under eighteen (18) years of age in the violation(s).
17. The extent to which the licensee or licensee's employees have attempted to cover up the violation(s), destroy evidence or otherwise hinder the investigation and detection of the violation(s).
18. The extent to which the licensee and licensee's employees have acted in good faith. (Ord. 92-159; Ord. 99-17; Ord. 01-42; Ord. 14-79)
A. The Licensing Officer or hearing officer shall revoke a license if the Licensing Officer or the hearing officer determines that:
1. A license has previously been suspended within the preceding twelve (12) months;
2. A licensee gave false information in the material submitted to the City Clerk's Office;
3. A licensee or employee has knowingly allowed possession, use, or sale of controlled substance as defined in part 3 of article 22 of title 12, Colorado Revised Statutes on the premises;
4. A licensee or an employee has knowingly allowed prostitution on the premises;
5. A licensee or an employee knowingly operated the sexually oriented business during a period of time when the license was suspended;
6. Excluding conduct within a private room of an adult motel, a licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur on the premises.
B. When the Licensing Officer or hearing officer revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented license for one year from the date revocation became effective. (Ord. 92-159; Ord. 01-42; Ord. 14-79)
A. It shall be unlawful for any person under the age of eighteen (18) years to be upon the premises;
B. It shall be unlawful for the licensee or any employee of the licensee to allow anyone upon the premises under the age of eighteen (18) years. (Ord. 92-159; Ord. 99-17; Ord. 01-42)
A. It shall be unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises:
1. On any Monday through Saturday from two o'clock (2:00) A.M. until seven o'clock (7:00) A.M.;
2. On any Sunday from two o'clock (2:00) A.M. until eight o'clock (8:00) A.M.;
B. This section shall not apply to those areas of an adult motel which are private rooms. (Ord. 92-159; Ord. 99-17; Ord. 01-42)
A. A licensee who has peep booths upon the premises shall comply with all of the following requirements:
1. The diagram accompanying an application for a license shall specify the location of one or more manager's stations.
2. It is the duty of the licensee to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
3. The interior of the premises shall be configured in a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain film or video reproduction equipment or equipment for showing slides or photographs. If the premises has two (2) or more manager's stations, then the interior of the premises shall be configured in a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
4. It shall be the duty of the licensee and employees present on the premises to ensure that the view area specified in subsection A3 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated in the application as an area to which patrons will not be permitted.
5. It shall be the duty of the licensee to ensure that all walls shall be maintained without holes or damage.
6. No peep booth may be occupied by more than one person at any time.
B. It shall be unlawful for any person having a duty under subsections A1 through A6 of this section to knowingly fail to fulfill that duty. (Ord. 92-159; Ord. 01-42)
A. Excluding a private room of an adult motel, the interior portion of the premises to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place at an illumination of not less than 2.0 foot-candles as measured at the floor level.
B. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. (Ord. 92-159; Ord. 01-42)
A. Any adult cabaret or adult theater shall have one or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage. The stage shall be fixed and immovable. No seating for the audience shall be permitted within three feet (3') of the edge of the stage. No members of the audience shall be permitted upon the stage or within three feet (3') of the edge of the stage.
B. It shall be unlawful for the licensee or for any employee to violate any of the requirements of this section or to knowingly permit any patron to violate the requirements of this section. (Ord. 92-159; Ord. 01-42)
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