(A) License required; change of manager.
(1) A manager or designee shall be on the premises of a sexually-oriented business at all times during operation. It shall be unlawful for any person to work as a manager of a sexually-oriented business without first obtaining a manager’s license.
(2) In the event a manager ceases to be employed at the premises listed in his or her application, the manager shall immediately report such change to the licensing officer within ten days of such change.
(B) Application for manager’s license.
(1) (a) A manager shall submit an application for a manager’s license on a form to be provided by the licensing officer.
(b) The application shall contain the applicant’s name, address, date of birth, telephone number, address, the name(s) and address(es) of the sexually-oriented business(es) that manager proposes to manage and the information required in § 114.07(B) of this chapter.
(2) The Town Police Chief or his or her designee shall conduct an investigation of the applicant to determine if the applicant has been convicted of a specified criminal act within the times set forth in § 114.07(E)(3)(h) of this chapter.
(3) The licensing officer shall grant the application ten days of its filing unless:
(a) The applicant is under the age of 21 in the case of a Type A sexually-oriented business license or under the age of 18 in the case of a Type B sexually-oriented business license;
(b) The applicant has failed to provide the information required by this section;
(c) The license fee has not been paid; or
(d) The applicant has been convicted of a specified criminal act within the times set forth in § 114.07(E)(3)(h) of this chapter.
(C) Expiration of manager’s license.
(1) (a) Each manager’s license shall expire one year from the date of issuance and may be renewed only by making application as provided in division (B) above.
(b) Application for renewal of a manager’s license shall be made at least 30 days before the expiration date of the manager’s license.
(2) If, subsequent to denial of renewal, the licensing officer finds that the basis for denial of the renewal of the manager’s license has been corrected, the applicant shall be granted a manager’s license if no more than 90 days have elapsed since the date denial became final.
(D) Suspension of manager’s license.
(1) The licensing officer may suspend a manager’s license for a period not to exceed 90 days if he or she determines that the manager has:
(a) Violated or is not in compliance with any section of this chapter;
(b) Refused to allow an inspection of the sexually-oriented business premises as authorized by this chapter;
(c) Knowingly allowed repeated disturbances of public peace to occur within the licensed establishment or upon the premises of the licensed establishment involving patrons, employees or the licensee; or
(d) Operated the sexually-oriented business in violation of the hours of operation provisions set forth in this chapter.
(2) The suspension shall remain in effect until and including the last day in the licensing officer’s order and the violation of the statute, code, ordinance or regulation in question has been corrected.
(E) Revocation of manager’s license.
(1) The licensing officer may revoke a sexually-oriented business manager’s license upon determining that:
(a) A cause of suspension as set forth in this chapter occurred and the sexually-oriented business manager’s license has been suspended within the preceding 12 months;
(b) A licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a manager’s license;
(c) The manager knowingly allowed possession, use or sale of controlled substances (as defined in C.R.S. 18-18-102) on the premises;
(d) The manager knowingly allowed acts of prostitution or negotiations for acts of prostitution on the premises;
(e) The manager knowingly operated the sexually-oriented business during a period of time when the sexually-oriented business license was suspended;
(f) The manager has been convicted of a specified criminal act for which the time period set forth in § 114.07(E)(3)(h) of this chapter has not elapsed;
(g) The manager has knowingly allowed any specified sexual activity to occur in or on the licensed premises; or
(h) The manager has knowingly allowed more than one sexually-oriented business to be operated within the same building, structure or portion thereof.
(2) When the licensing officer revokes a manager’s license, the revocation shall continue for one year and the licensee shall not be issued a manager’s license for one year from the date revocation became effective.
(Ord. 1-2009, passed 7-6-2009)