Loading...
(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
(A) Any adult business license issued pursuant to the terms of this chapter shall be prominently displayed at all times upon the premises for which the license was issued in accordance with § 115.005(B)(8) of this chapter.
(B) Licenses issued under this chapter shall not be transferable, except as provided herein. Any transfer of ownership or control by a licensee holding an adult business license shall result in termination of the license unless such licensee within 30 days prior to any such transfer files a written notice of such transfer accompanied by the application fee and an investigation fee as required by §§ 115.005(B) and 115.006 of this chapter. Any such transfer shall be reported on forms provided by the Town Clerk and shall require the names of all new principal owners and any information as required by § 115.005(A) of this chapter. Approval or denial by the Town Clerk of such transfer shall be upon the same terms as provided for in this chapter for the approval or denial of an adult business license.
(C) When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license.
(D) Each license issued under this chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he or she holds. A separate license shall be issued for each specific adult business and each geographical location.
(Prior Code, § 760.12) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
(A) A registered manager shall be on the premises of an adult business at all times that adult entertainment is being provided. It shall be unlawful for any person to work as a manager of an adult business without first registering with the Town Clerk. The registration form shall require the applicant to provide his or her legal name and any aliases, home address, telephone number and satisfactory proof that he or she is 21 years of age.
(B) In the event a licensee changes the manager or any employees of an adult business, the licensee shall report such change and register the new manager or any employees on forms provided by the Town Clerk within ten days of such change. Any new employee or manager shall pay the investigation fee specified in § 115.006 of this chapter. and shall be subject to approval or denial in accordance with the provisions of § 115.007 of this chapter.
(Prior Code, § 760.13) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
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 from 12:00 a.m. until 8:00 a.m.
(Prior Code, § 760.14) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
(A) The following standards of conduct must be adhered to by employees of any adult business which offers, conducts or maintains live adult entertainment.
(1) No employee or entertainer mingling with the patrons or serving food or beverages shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area.
(2) No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
(3) No employee or entertainer shall wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(4) (a) 1. No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose any portion of the specified anatomical area, except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons.
2. This barrier must be a minimum of one-fourth inch thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable.
(b) No employee or entertainer shall perform while nude or seminude any obscene acts or obscene acts which simulate specified sexual activities.
(5) No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this chapter.
(6) There shall be posted and conspicuously displayed in every area offering adult entertainment a list of food and beverage prices.
(7) No adult entertainment use shall be located within any premises which is licensed for the retail sale of 3.2% beer, malt, vinous or spirituous liquor, as such terms are defined in C.R.S. Title 44, Art. 3.
(8) It shall be unlawful to permit the consumption of 3.2% beer or other alcoholic beverages within the same premises as an adult entertainment use.
(9) Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the adult business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.
(10) An adult business that provides tip boxes shall conspicuously display in the common area of the premises one or more signs in letters at least one inch high to read as follows:
ADULT ENTERTAINMENT IS REGULATED BY THE TOWN OF LIMON. Any tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is prohibited by law. Violators face maximum penalties of $1,000 and/or one year in jail. |
(11) No adult entertainment occurring on the premises shall be visible at any time from outside of the premises.
(B) Any licensee who offers, conducts or maintains live adult entertainment or an adult arcade which exhibits in a peep booth, a film, videocassette or other video reproduction shall comply with the following requirements in addition to those set forth in division (A) above.
(1) It is the duty of the licensee of the premises 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.
(2) It is the duty of the licensee and manager of the premises to ensure that any doors to public areas on the premises remain unlocked during business hours.
(3) The interior of the premises shall be configured in such 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 video reproduction equipment or other forms of adult entertainment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this division (B)(3) must be by direct line of sight from the manager’s station. A manager’s station may not exceed 32 square feet of floor area.
(4) No alteration to the configuration or location of an adult business may be made without the prior written approval of the Zoning Official.
(5) It shall be the duty of the licensee, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in § 115.002 of this chapter remains unobstructed by any doors, curtains, drapes, 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 as an area in which patrons will not be permitted in the license application filed pursuant to this chapter.
(6) No peep booth may be occupied by more than one person at any one time.
(7) Peep booths must be separated from other peep booths by a solid, uninterrupted physical divider which is a minimum of one-fourth inch thick and serves to prevent physical contact between patrons.
(Prior Code, § 760.15) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
Admission to adult businesses is restricted to persons of the age of 18 years or more.
(Prior Code, § 760.16) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
(A) (1) All off-street parking areas and premises entries of adult businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on all parking surfaces and/or walkways.
(2) This required lighting level is to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.
(B) The premises of all adult businesses, except adult motion picture theaters, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two foot-candles of light as measured at the floor level.
(C) Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than one foot-candle of light as measured at the floor level.
(Prior Code, § 760.17) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999
The application for an adult business license shall constitute consent of the licensee and his or her agents or employees to permit the town’s Police Department or any other agent of the town to conduct routine inspections of any licensed adult business during the hours the establishment is conducting business.
(Prior Code, § 760.18) (Ord. 498, passed 1-6-2005)
Loading...