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(A) (1) All applicants for an adult business license shall file an application for such license with the Town Clerk on forms to be provided by the Clerk. Each principal owner and all managers and employees shall be named in the application form.
(2) The completed application shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
1. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is 18 years of age;
2. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the state, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the state, the names and capacity of all officers, directors and principal owners, and the name of the registered corporate agent and the address of the registered office for service of process; and
4. A limited liability company shall state its complete name, the date of filing of the articles of organization and operating agreement, the names of all managers and members.
(b) Whether the applicant or any other individual listed under division (A)(2)(a) above had worked under or has had a previous adult business license under this chapter or other adult business or adult entertainment code or ordinance from another state, city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation;
(c) Whether the applicant or any other individual listed under division (A)(2)(a) above holds any other licenses under this chapter or other similar adult business code or ordinance from another municipality, county or state and, if so, the names and locations of such other permitted business;
(d) The location of the proposed adult business, including a legal description of the property, street address and telephone number(s), if any;
(e) Proof of the applicant’s right to possession of the premises wherein the adult business is proposed to be conducted;
(f) The applicant’s, or any other individual’s listed, pursuant to division (A)(2)(a) above, mailing address and residential address;
(g) A photocopy of the driver’s license or other government issued identification card for the individuals listed in division (A)(2)(a) above;
(h) A floor plan of the proposed licensed premises which specifies the location and dimensions of any manager’s station and demonstrates that there is an unobstructed view from at least one of the manager’s stations of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The proposed floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The proposed floor plan 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”). The diagram shall designate the place where the license will be conspicuously posted and the location of any proposed stage. A floor plan is not required of the licensed premises of an adult motion picture theater;
(i) A current certificate drawing prepared, within 30 days prior to the application, by a land surveyor depicting the property lines and the structures containing any adult business or massage parlor within 1,000 feet of the closest exterior wall of the structure in which the applicant’s business is proposed to be located and depicting the property line of any church, school, childcare facility, public park, residential zone district or residential lot within 500 feet from the closest exterior wall of the structure in which the applicant’s business is proposed to be located;
(j) Whether the applicant or any of the other individuals listed pursuant to division (A)(2)(a) above have been convicted of a specified criminal act within the times set forth in § 115.007 of this chapter and, if so, the specified criminal act involved, the date of conviction and the place of conviction; and
(k) Photographs (passport size or approximately two inches by two inches) and fingerprints of all principal owners and each manager, general partner and, in the case of a corporate applicant, the president of the corporation.
(3) If the applicant is an individual, he or she must sign the application for a license. If the applicant is a corporation, it must be signed by the president or vice president and attested to by the secretary or assistant secretary. If the applicant is a general or limited partnership, it must be signed by a general partner. If the applicant is a limited liability company, it must be signed by the manager.
(4) If an omission or error is discovered by the Town clerk, the application will be returned to the applicant for completion or correction without further action by the Town Clerk. Any application rejected due to an omission or error shall be refiled only when the omission or error has been remedied. For the purposes of this chapter, the date the Town Clerk accepts an application which is complete shall be the date the application is filed with the Town Clerk.
(5) In the event that the Town Clerk determines that the applicant has improperly completed the application, he or she shall promptly notify the applicant of such fact and allow the applicant 30 days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(6) Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Town Clerk, shall be grounds for the suspension or revocation of an adult business license.
(Prior Code, § 760.5)
(B) Each applicant for a new license or as specified in § 115.010 of this chapter, whether an individual, partnership or corporation, shall pay an application fee of $150 at the time of the filing of an application. Such application fee shall be non-refundable.
(Prior Code, § 760.6)
(Ord. 498, passed 1-6-2005)
On receipt of a properly completed application and the payment of the application and license fees, the Town Clerk shall investigate the background of each individual applicant, employee, the partners of a partnership or the officers, directors and holders of the stock of a corporation. Each applicant shall pay a non-refundable investigation fee at the time the application is filed in the amount then charged by the state’s Department of Public Safety for each person who will be investigated. The investigation conducted by the Clerk shall be sufficient to verify the accuracy of all the information required by § 115.005(A) of this chapter. The Clerk shall also transmit a request to the town’s Zoning Official for a report that the proposed location of such adult business complies with the locational requirements of this chapter. The Zoning Official shall issue such report within five business days of transmission of the request. If the zoning official fails to issue the report as required, the Town Clerk shall presume that the proposed location of the adult business complies with this chapter.
(Prior Code, § 760.7) (Ord. 498, passed 1-6-2005)
(A) The application of any applicant shall be approved or denied by the Town Clerk within 14 days of the date the application is filed with the Town Clerk. The Town Clerk shall deny a license if:
(1) The applicant is under the age of 18 years;
(2) The applicant has made a false statement upon the application or has given false information in connection with an application;
(3) The applicant or any holder of any class of stock, or a director, officer, partner or principal of the applicant has had an adult business license revoked or suspended anywhere within the state within one year prior to the application;
(4) The applicant has operated an adult business which has determined to be a public nuisance under state law or this code within one year prior to the application;
(5) A corporate applicant is not in good standing or authorized to do business in the state; or
(6) The applicant is overdue in the payment to the town of taxes, fees, fines or penalties assessed against him or her or imposed against him or her in relation to an adult business;
(7) The applicant has not obtained the required sales tax license; and/or
(8) The applicant has been convicted of a specified criminal act within the five-year period prior to the date the application is filed with the Town Clerk.
(B) (1) In the event that the Town Clerk denies a license, he or she shall make written findings of fact stating the reasons for the denial, and a copy of such decision shall be sent by first class mail to the address shown in the application. An applicant shall have the right to a hearing before the Municipal Judge, as set forth in § 115.009(C) of this chapter.
(2) A written request for such hearing shall be made to the Municipal Judge within ten days of the date of the denial of the license by the Town Clerk.
(3) This hearing shall be held within 14 days from the date a timely request for hearing is received by the Municipal Judge and shall follow all the relevant procedures set forth for a suspension or revocation of a license contained in § 115.009(C) of this chapter.
(a) At the hearing referred to above, the Municipal Judge shall hear such statements and consider such evidence as the Police Department or other enforcement officers, the applicant or other party in interest or any other witness shall offer which is relevant to the denial of the license application by the Town Clerk.
(b) If the Municipal Judge determines that the applicant is ineligible for a license per division (A) above, he or she shall issue an order sustaining the Town Clerk’s denial of the application, within two days after the hearing is concluded, based on findings of fact. A copy of the order shall be mailed to the applicant at the address supplied on the application.
(c) The order of the Municipal Judge made pursuant to division (B)(2) above shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure § 106(a)(4). Failure of an applicant to timely follow the limits specified above constitutes a waiver by him or her of any right he or she may otherwise have to contest the denial of his or her license application.
(C) If any town official or department fails to render a timely decision pursuant to the terms of this chapter, then said official or department shall be deemed to have approved or consented to the issuance of the requested license.
(Prior Code, § 760.8) (Ord. 498, passed 1-6-2005)
(A) All licenses granted pursuant to this chapter shall be for a term of one year. Said term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated the same as if they were filed January 1 of that year and shall terminate on December 31 of that same year, and no proration shall be permitted.
(Prior Code, § 760.9)
(B) Renewal of an existing license granted pursuant to this chapter may be had by payment of the annual licensing fee and filing of a renewal application with the Town Clerk not less than 45 days prior to the date of expiration. The Town Clerk may waive, for good cause shown, this filing time requirement.
(Prior Code, § 760.10)
(Ord. 498, passed 1-6-2005)
(A) The Municipal Judge may suspend a license for a period not to exceed six months or revoke any license granted pursuant to this chapter upon a finding of any of the following facts:
(1) Repeated disturbances of the public peace have occurred within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds within the neighborhood of the licensed establishment involving patrons, employees or the licensee;
(2) The licensee or any employees thereof have offered for sale or knowingly allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics, dangerous drugs or fermented malt, malt, vinous or spirituous beverages;
(3) The licensee or manager is not upon the licensed premises at all times that adult entertainment is being provided;
(4) Adult entertainment was offered at the licensed establishment during hours prohibited by § 115.012 of this chapter;
(5) The licensee, manager or employee has allowed or has done nothing to prevent patrons from engaging in public displays of indecency in violation of state law or has allowed patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds immediately adjacent to the licensed establishment, when the licensee, manager or employee knew or should have known such displays or acts were taking place;
(6) The licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license;
(7) The licensee, manager or employee violated or permitted a violation of any provisions of this chapter, including the standards of conduct set forth in § 115.013 of this chapter;
(8) The manager or the employee of the licensed establishment is under the age of 18 years;
(9) The licensee, in the case of a corporation, is not in good standing or authorized to do business in the state;
(10) The licensee or an employee knowingly operated any aspect or facilities of the adult business during a period of time when the adult business license was suspended;
(11) The licensee is delinquent in the payment to the town or state for any taxes or fees past due;
(12) The licensee, manager or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation, to occur within the licensed premises; or
(13) The licensee, manager or employee has been convicted of a specified criminal act.
(B) Nothing in this chapter shall prohibit the town from taking any other enforcement action provided for by this code, the laws of the state or of the United States.
(C) A licensee shall be entitled to a hearing before the Municipal Judge if the town seeks to suspend or revoke his or her license based on a violation of this chapter.
(1) When there is probable cause to believe that a licensee has violated or permitted a violation of this chapter to occur in or near the licensed establishment, the Police Department may file a written complaint with Municipal Judge setting forth the circumstances of the violation.
(2) Municipal Judge shall provide a copy of the complaint to the licensee, together with notice to appear before the Municipal Judge for the purpose of a hearing on a specified date to show cause why the licensee’s license should not be suspended or revoked.
(3) In such cases where specified criminal acts are in issue, the provisions of C.R.S. § 24-5-101 shall control.
(4) At the hearing referred to above, the Municipal Judge shall hear such statements and consider such evidence as the Police Department, or other enforcement officers, the owner, occupant, lessee or other party in interest, or any other witness shall offer which is relevant to the violation alleged in the complaint. The Municipal Judge shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the Municipal Judge determines that a violation did occur, he or she shall issue an order suspending or revoking the license, within 20 days after the hearing is concluded, based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license.
(5) The order of the Municipal Judge made pursuant to this division (C) shall be a final decision and may be appealed to the District Court pursuant to State Rules of Civil Procedure § 106(a)(4). Failure of a licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of his or her license.
(6) The Municipal Judge shall have the power to administer oaths, issue subpoenas and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books and records necessary to the determination of any hearing which the Municipal Judge conducts. It is unlawful for any person to fail to comply with any subpoena issued by the Municipal Judge. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the state. Upon failure of any witness to comply with such subpoena, the Town Attorney shall:
(a) Petition any Judge of the Municipal Court of the town, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the Court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of Court; or
(b) Petition the appropriate District Court setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the Court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of Court.
(D) In the event of suspension, revocation or cessation of business, no portion of the license fee, application fee or investigative fee shall be refunded.
(E) When the Municipal Judge revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult business license for one year from the date the revocation became effective.
(Prior Code, § 760.11) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
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