(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