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(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)
It is an affirmative defense to prosecution under this chapter if a person appearing in a state of nudity or semi-nude did so in a modeling class operated:
(A) By a proprietary school, licensed by the state; a college, junior college or university supported entirely or partly by taxation;
(B) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(C) In a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(2) Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
(Prior Code, § 760.19) (Ord. 498, passed 1-6-2005)