CHAPTER 6

Business Licenses and Regulations

Article I Business Licenses

Sec. 6-1-10 Purpose

Sec. 6-1-20 License required

Sec. 6-1-30 Individual licenses

Sec. 6-1-40 Application

Sec. 6-1-50 Fee payment

Sec. 6-1-60 Carrying or exhibiting license

Sec. 6-1-70 Nontransferable license

Sec. 6-1-80 Fees

Article II Transient Dealers License

Sec. 6-2-10 Definitions

Sec. 6-2-20 License required

Sec. 6-2-30 Fee

Sec. 6-2-40 Application required

Sec. 6-2-50 Issuance; term; renewal

Sec. 6-2-60 Review of license

Sec. 6-2-70 Hearing if license is refused

Sec. 6-2-80 Nontransferable license

Sec. 6-2-90 Violations

Article III Alcoholic Beverages

Sec. 6-3-10 Definitions

Sec. 6-3-20 Application of state statutes

Sec. 6-3-30 Power and purpose

Sec. 6-3-40 Licensing fees

Sec. 6-3-50 Suspension or revocation; fine

Sec. 6-3-60 Optional premises

Sec. 6-3-70 Educational requirements

Sec. 6-3-80 Special event permit

Sec. 6-3-90 Tastings authorized

Article IV Sexually Oriented Businesses

Sec. 6-4-10 Purpose and intent

Sec. 6-4-20 Definitions

Sec. 6-4-30 Permit required

Sec. 6-4-40 Application for permit

Sec. 6-4-50 Supplementation of application

Sec. 6-4-60 Investigation and application

Sec. 6-4-70 Issuance of permit

Sec. 6-4-80 Expiration of permit

Sec. 6-4-90 Suspension of permit

Sec. 6-4-100 Revocation of permit

Sec. 6-4-110 Transfer of permit

Sec. 6-4-120 Appeal rights

Sec. 6-4-130 Manager's license required

Sec. 6-4-140 Application for manager's license

Sec. 6-4-150 Inspection

Sec. 6-4-160 Regulations generally

Sec. 6-4-170 Regulation of peep booths

Sec. 6-4-180 Hours of operation

Sec. 6-4-190 Minimum age

Sec. 6-4-200 Lighting regulations

Sec. 6-4-210 Stage required

Sec. 6-4-220 Conduct in business

Sec. 6-4-230 Employee tips

Sec. 6-4-240 Unlawful acts

Sec. 6-4-250 Exemptions

Sec. 6-4-260 Fees

Sec. 6-4-270 Town's remedies

ARTICLE I

Business Licenses

Sec. 6-1-10. Purpose.

The purpose of this Article is the regulation and registration of retail businesses operating within the Town for the health, safety and welfare of the citizens of the Town and for the proper collection of sales tax which supports the Town. (Prior code 6-5.1)

Sec. 6-1-20. License required.

No person shall engage or be engaged in the operation, conduct or carrying on of any retail profession, trade or business within the Town until he or she shall have first obtained a license therefor from the Town. (Prior code 6-5.2)

Sec. 6-1-30. Individual licenses.

Any person operating, conducting or carrying on any retail trade, profession or business which contains or is composed of separate retail businesses shall secure individual licenses for each trade, profession or business. (Prior code 6-5.3)

Sec. 6-1-40. Application.

Every person required to obtain a license hereunder shall make application for the license to the Town Clerk upon forms provided by the Town and shall state under oath of affirmation such facts as may be required for the granting of such license. It is unlawful for any person to make any false statement or misrepresentation in connection with any application for a license and the penalties provided in Title 31, C.R.S., shall be applicable. (Prior code 6-5.4)

Sec. 6-1-50. Fee payment.

The fee required for any license shall be paid at the office of the Town Clerk before the granting of the license. (Prior code 6-5.5)

Sec. 6-1-60. Carrying or exhibiting license.

No licensee shall fail to carry a license issued in accordance with the provisions of this Article upon his or her person at all times when engaged in the operation, conduct or carrying on of any retail trade, profession or business for which the license was granted except that where such trade or business is operated, conducted or carried on at a fixed place or establishment, said license shall be exhibited at all times in some conspicuous place in the place of business. Every licensee shall produce his or her license for examination when requested to do so by any Town police officer or by any person representing the Town. (Prior code 6-5.6)

Sec. 6-1-70. Nontransferable license.

No license issued under the provisions of this Article shall be transferable from person to person or place to place. (Prior code 6-5.7)

Sec. 6-1-80. Fees.

Every person required to be licensed by the provisions of this Article shall pay as follows:

(1) Every person required to be licensed by the provisions of this Article shall pay a license application fee of ten dollars ($10.00).

(2) Every person required to be licensed by the provisions of this Article shall pay a license renewal fee of ten dollars ($10.00) on an annual basis, said license to be renewed on or before May 1 of each calendar year, regardless of when the license was originally issued.

(3) The fee collected by the Town pursuant to this Article shall be separately accounted for by the Town and used by the Town for economic development purposes within the Town. (Prior code 6-5.8; Ord. 01-05 §1)

ARTICLE II

Transient Dealers License

Sec. 6-2-10. Definitions.

For the purpose of this Article, the term transient dealer shall mean and include any person, whether principal or agent, who engages in traveling about and selling goods or merchandise not manufactured or produced by him or her, from door to door and who maintains no permanent place of business within the Town. The definition shall also include peddlers and hawkers of manufactured goods or merchandise not produced by them. (Prior code 6-1.7)

Sec. 6-2-20. License required.

It is unlawful for any person to engage in the business of a transient dealer within the corporate limits of the Town, unless such person is first duly licensed so to do under the provisions of this Article. (Prior code 6-1.1)

Sec. 6-2-30. Fee.

Every person, before transacting any business as a transient dealer, either as principal or agent, shall first procure from the Town Clerk a license to engage in the business of a transient dealer and pay to the Town a fee of one hundred dollars ($100.00) for such license. (Prior code 6-1.2)

Sec. 6-2-40. Application required.

Every person who procures such license shall first make an application therefor in writing in which he or she shall state:

(1) The name and residence of the applicant;

(2) Whether he or she transacts business as a principal or agent;

(3) If, as an agent, the name and address of his or her principal; and

(4) The kind and classes of goods, wares and merchandise he or she proposes to sell. (Prior code 6-1.3)

Sec. 6-2-50. Issuance; term; renewal.

(a) Upon receipt of the application above and of the license fee therefor, the Town Clerk shall issue the applicant a transient dealers license, authorizing the applicant to engage in business as a transient dealer, which license will be signed by the Town Clerk and sealed with the Town Seal. No such license shall be transferable and shall be good for a period of twelve (12) months from the time of issuance thereof.

(b) Each license renewal within thirty (30) days of the expiration date shall be renewed for a period of one (1) year at the rate of twenty-five dollars ($25.00). (Prior code 6-1.4)

Sec. 6-2-60. Review of license.

Before issuance of the above license, the Town Clerk shall be satisfied that the required information is true and complete. If said information is incomplete or appears to be incorrect or untrue, then the Town Clerk shall refer the question of the license to the Mayor, who shall examine said application and if satisfied that the information contained therein is true and complete, shall issue personally said transient dealers license. If dissatisfied, the Mayor shall refuse to issue the license and advise the applicant that the applicant may appeal the denial to the Board of Trustees at their next meeting. (Prior code 6-1.5)

Sec. 6-2-70. Hearing if license is refused.

The Board of Trustees shall consider any application which has been refused by the Mayor and hold a hearing. If a majority of the Board shall favor the issuance of the license, the Town Clerk shall issue the license. (Prior code 6-1.6)

Sec. 6-2-80. Nontransferable license.

Transient dealers licenses shall not be transferable, nor shall more than one (1) individual operate under the same transient dealers license. (Prior code 6-1.8)

Sec. 6-2-90. Violations.

Every person who unlawfully engages in the business of a transient dealer within the Town in violation of the provisions of this Article, or without first obtaining a license, shall be subject to a punishment by a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00); and in addition, such person may be denied a license upon application therefor within one (1) year of such offense. (Prior code 6-1.9)

ARTICLE III

Alcoholic Beverages

Sec. 6-3-10. Definitions.

(a) As used in this Article, unless the context otherwise requires:

Retail license means a grant to a licensee to sell fermented malt beverages pursuant to the Colorado Beer Code (Article 46 of Title 12, C.R.S.) or a grant to a licensee to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title 12, C.R.S.).

Retail licensee or licensee means the holder of a license to sell fermented malt beverages pursuant to the Colorado Beer Code (Article 46 of Title 12, C.R.S.) or the holder of a license to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title 12, C.R.S.).

(b) All other terms shall be defined as set forth in the provisions of the Colorado Beer Code, the Colorado Liquor Code and Special Event Permits, as the definitions presently exist or may hereafter be amended. (Ord. 01-20)

Sec. 6-3-20. Application of state statutes.

Pursuant to declaration by the General Assembly, the Colorado Beer Code, Section 12-46-101 et seq., C.R.S., the Colorado Liquor Code, Section 12-47-101 et seq., C.R.S., and Special Event Permits, Section 12-48-101 et seq., C.R.S., as they presently exist or may hereafter be amended, shall apply to the sale of fermented malt beverages, alcoholic beverages, special malt liquors, spirituous liquors and vinous liquors in the Town. (Ord. 01-20)

Sec. 6-3-30. Power and purpose.

The Board of Trustees finds and determines that it is empowered by Section 12-47-135, C.R.S., to fix and collect certain fees in connection with the application for issuance, transfer and renewal of certain types of beer, wine and liquor licenses. The Board of Trustees further finds that the fees established in this Article are reasonable and are in amounts sufficient to cover actual and necessary expenses incurred by the Town in connection with the handling of such licenses and applications therefor. (Ord. 01-20)

Sec. 6-3-40. Licensing fees.

The following fees shall be paid to the Town Clerk by the applicant at the time of the filing of the application or request:

(1) For a new license, the sum of three hundred fifty dollars ($350.00);

(2) For a transfer of location or ownership, the sum of one hundred fifty dollars ($150.00);

(3) For renewal of a license, the sum of fifty dollars ($50.00);

(4) For a temporary liquor license, the sum of two hundred fifty dollars ($250.00); and

(5) For "tastings" pursuant to Section 12-47-301(10), C.R.S., and Section 6-3-90 of this Code, the sum of twenty-five dollars ($25.00). (Ord. 01-20; Ord. 04-10 §1)

Sec. 6-3-50. Suspension or revocation; fine.

(a) Whenever a decision of the Board of Trustees, acting as the Local Licensing Authority (hereinafter "Authority"), suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition the Authority for permission to pay a fine in lieu of having his or her retail license suspended for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:

(1) That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;

(2) That the books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and

(3) That the retail licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license.

(b) The fine accepted shall be equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).

(c) Payment of any fine pursuant to the provisions of this Section shall be in the form of cash, certified check or cashier's check made payable to the Town Clerk and shall be deposited in the general fund of the Town.

(d) Upon payment of the fine pursuant to this Section, the Authority shall enter its further order permanently staying the imposition of the suspension.

(e) In connection with any petition pursuant to this Section, the authority of the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

(f) If the Authority, does not make the findings required in Subsection (a) above and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Authority. (Ord. 01-20)

Sec. 6-3-60. Optional premises.

(a) Optional premises license and optional premises for a hotel and restaurant license may be issued by the Authority.

(b) The following standards shall be applicable to the issuance of a license under this Section, in addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises license and optional premises for a hotel and restaurant license.

(1) Eligible facilities. Outdoor sports and recreational facilities as defined in Section 12-47-103(13.5), C.R.S., are eligible for licensing as an optional premises or an optional premises for a hotel and restaurant.

(2) Number of optional premises. There are no restrictions on the number of optional premises which any one (1) licensee may have on an outdoor sports or recreational facility.

(3) Minimum size of facility. There is no restriction on the minimum size of an outdoor sports or recreational facility which would be eligible for issuance of an optional premises license or optional premises for a hotel and restaurant license.

(c) The application for an optional premises license or optional premises for a hotel or restaurant license shall be accompanied by the following:

(1) A map or other drawing illustrating the outdoor sports or recreational facility boundaries and the approximate location of each optional premises requested;

(2) A description of the method which shall be used to identify the boundaries of the optional premises when it is in use; and

(3) A description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises. (Ord. 01-20)

Sec. 6-3-70. Educational requirements.

Every hotel and restaurant licensee, registered manager and licensee's employee is encouraged to obtain a certificate of completion from an educational program of training for intervention procedures for servers of alcohol. Those registered managers obtaining a certificate of completion may file a copy of the certificate of completion with the Authority with an application of renewal of a liquor license. (Ord. 01-20)

Sec. 6-3-80. Special event permit.

The Board of Trustees shall be empowered to issue permits which exempt special events, meetings or functions from regulations prohibiting the possession or consumption of alcoholic beverages in public upon application to the Board by the organization holding said event. Said application shall be received and acted upon by the Board of Trustees no less than ten (10) days prior to the date of said event. The permit issued shall designate the specific time and place of the exempted event, the purpose for which the event is being held and the anticipated number of parties in attendance. Nothing in this Section shall be construed as a waiver of the enforcement of any other ordinance of the Town or state statute. (Prior code 7-1.1; Ord. 01-20)

Sec. 6-3-90. Tastings authorized.

(a) Authorization. In accordance with Section 12-47-301(10)(a), C.R.S., the Town hereby authorizes "tastings," as that term is defined in Section 12-47-103(37.5), C.R.S., thereby allowing retail liquor store and liquor-licensed drug store licensees to conduct tastings subject to all of the limitations set forth in Section 12-47-301(10), C.R.S., except that the Town hereby imposes the following additional limitations pursuant to Section 12-47-301(10)(a), C.R.S., as follows:

(1) Tastings shall be limited to fifty-two (52) days per year; and

(2) In order to monitor the number of tastings per year, the licensee shall notify the Town Clerk no later than forty-eight (48) hours prior to any scheduled tasting.

(b) Applications. Applications for tastings shall be submitted to the Town Clerk on forms provided by the Town, together with the applicable license fee. No tastings application shall be accepted by the Town Clerk which is not complete in every detail.

(c) Process. Upon receiving the completed tastings application, the Town Clerk shall prepare the file for review by the Board of Trustees acting as the Town Liquor Licensing Board. In the event the Board of Trustees determines that the applicant has complied with the provisions of Section 12-47-301, C.R.S., and that the applicant is able to conduct tastings without creating a public safety risk to the neighborhood, the application shall be granted.

(d) Hearing. If the Board of Trustees determines there is good cause for a hearing to consider whether the applicant has complied with the provisions of Section 12-47-301, C.R.S., or whether the applicant is able to conduct tasting without creating a public safety risk to the neighborhood, the Town Clerk, at the direction of the Board of Trustees, shall cause to be issued a notice of hearing on the tastings application. In the event that the Town Clerk issues a notice of hearing on the tastings application, the notice shall be conspicuously posted on the premises at least ten (10) days prior to the hearing. Hearings held on any tastings application may result in approval or denial of said application, and the grounds for any decision on said application shall be whether the applicant has complied with the provisions of the Section 12-47-301, C.R.S., and whether the applicant is able to conduct tastings without creating a public safety risk to the neighborhood. Such decision of the Board of Trustees shall be final. (Ord. 04-10 §2)

ARTICLE IV

Sexually Oriented Businesses

Sec. 6-4-10. Purpose and intent.

The purpose and intent of this Article is to establish reasonable and uniform regulations designed to curtail the potential harmful secondary effects of sexually oriented businesses upon the surrounding communities in which they are located. These reasonable and uniform regulations are designed to protect Town citizens from increased crime, to preserve the quality of life, property values and character of neighborhoods and businesses, to deter the spread of urban blight and to protect against the spread of sexually transmitted diseases. The provisions of this Article shall not impose limitations or restrictions on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market. It is also not the intent or purpose of this Article to condone or legitimize the distribution of obscene material. (Ord. 01-15 §1)

Sec. 6-4-20. Definitions.

Unless the context otherwise dictates, the words and phrases used in this Article shall have the following meanings:

Employee means a person who works or performs in or for a sexually oriented business, regardless of whether or not said person is paid a salary, commission, wage or other compensation by the operator of said business.

Establishment of a sexually oriented business means and includes any of the following:

a. The opening or commencement of any such business as a new business;

b. The conversion of an existing business into a sexually oriented business;

c. The addition of a sexually oriented business to any other existing sexually oriented business; or

d. The relocation of a sexually oriented business.

Licensing Officer means the Town Clerk.

Manager means an operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

Operator means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Permittee and/or licensee means a person in whose name a permit or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit or license.

Person means an individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.

Premises or permitted or licensed premises means any premise that requires a license or permit and that is classified as a sexually oriented business.

Principal owner means any person owning, directly or beneficially: (a) ten percent (10%) or more of a corporation's equity securities; (b) ten percent (10%) or more of the membership interests in a limited liability company; or (c) in the case of any other legal entity, ten percent (10%) or more of the ownership interests in the entity.

Specified criminal acts means any offense which is included in the definition of unlawful sexual behavior under Section 18-3-412.5, C.R.S., or any offense committed in another state that, if committed in the State of Colorado, would constitute an offense involving unlawful sexual behavior, or any offense that has a factual basis of one (1) of the offenses specified in the definition of unlawful sexual behavior. Specified criminal acts also include any offense involving soliciting for prostitution, prostitution, patronizing a prostitute, pandering, pimping, public indecency or the distribution or possession of obscene materials,

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a. The sale, lease or sublease of the business;

b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or other means; or

c. The establishment of a trust, management arrangement, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

Zoning Code means Chapter 16 of this Code. (Ord. 01-15 §1; Ord. 01-20)

Sec. 6-4-30. Permit required.

(a) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the Town.

(b) It is unlawful for any person to operate or cause to be operated a sexually oriented business if said person knows or reasonably should know that:

(1) The business does not have a sexually oriented business permit;

(2) The business has a permit which is under suspension;

(3) The business has a permit which has been revoked; or

(4) The business has a permit which has expired.

(c) Before any person may work at a licensed premises, he or she shall file a notice with the Licensing Officer of his or her intended employment on forms supplied by the Licensing Officer, and shall receive approval of such employment from the Licensing Officer. The prospective employee shall supply such information as the Licensing Officer requires, including a set of fingerprints, on regular United States Department of Justice forms. Upon approval, the employee may begin working at the licensed premises. If approval is denied, the prospective employee may, within twenty (20) days from the date of the denial, apply to the Licensing Officer for a hearing. The decision of the Licensing Officer after hearing may be appealed to the Board of Trustees, which may issue such order as is proper in the premises. An investigation fee of fifty dollars ($50.00) shall accompany the notice of intended employment or a receipt of the Licensing Officer evidencing the payment of such fee at the time the notice is filed. (Ord. 01-15 §1)

Sec. 6-4-40. Application for permit.

(a) The Licensing Officer is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

(b) The Building Inspection Department is responsible for ascertaining whether a proposed sexually oriented business for which a permit application has been submitted complies with all locational requirements of this Article and Chapter 16 of this Code.

(c) The Chief of Police is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time periods set forth in Section 6-4-70(c)(10).

(d) The Building Inspection Department is responsible for inspecting a proposed sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

(e) Any person desiring to operate a sexually oriented business shall file with the Licensing Officer an original and two (2) copies of a sworn permit application on the standard application form supplied by the Licensing Officer,

(f) The completed application shall contain the following information and shall be accompanied by the following documents:

(1) If the applicant is an individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is: a) eighteen (18) years of age or older; or b) twenty-one (21) years of age or older if the sexually oriented business will provide live entertainment.

(2) If the applicant is a legal entity, the person shall state its complete name; the date and place of its organization; evidence that it is in good standing under the laws of the state in which it is organized and, if it is organized under the laws of a state other than Colorado, that it is registered to do business in Colorado; the names and capacity of all officers, directors, managers and principal owners; and the name of the registered agent and the address of the registered office for service of process, if any.

(3) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name.

(4) Whether the applicant or any of the other individuals listed pursuant to Paragraph (1) or (2) above have been convicted of a specified criminal act within the times set forth in Section 6-4-70(c)(10), and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(5) Whether the applicant or any of the other individuals listed pursuant to Paragraph (1) or (2) above has had a previous permit under this or other similar sexually oriented business ordinances from another city, town or county denied, suspended or revoked; and, if so, the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(6) Whether the applicant or any other individuals listed pursuant to Paragraph (1) or (2) above has been a partner in a partnership or a principal owner of a corporation or other legal entity whose permit has previously been denied, suspended or revoked; and, if so, the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

(7) Whether the applicant or any other individual listed pursuant to Paragraph (1) or (2) above holds any other permits and/or licenses under this Article or other similar sexually oriented business ordinances from another city, town or county; and, if so, the names and locations of such other permitted businesses.

(8) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number, if any.

(9) The applicant's mailing address and residential address.

(10) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be oriented to the north or to some designated street or object and shall 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 (6) inches. The Licensing Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. If the sexually oriented business has or will have a peep booth or booths subject to the provisions of Sections 6-4-160 and 6-4-170 of this Article, the sketch shall show the locations of each manager's station and designate any portion of the premises in which patrons will not be permitted.

(11) A current certificate and straight-line drawing prepared within thirty (30) days prior to an initial application by a Colorado registered land surveyor depicting: a) the property lines and the structures of the property to be certified; (b) the property lines of any church, school, library, daycare, educational facility, dwelling unit (single or multiple), public park or residential district within three hundred (300) feet of the property to be certified; and (c) the property lines and structures of any other sexually oriented business within one hundred (100) feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(g) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each principal owner of the applicant must sign the application for a permit as applicant.

(h) In the event that the Licensing Officer determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ton (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(i) The fact that a person possesses other types of state or Town permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit. (Ord. 01-15 §1)

Sec. 6-4-50. Supplementation of application.

Applicants for a permit under Section 6-4-40 shall have a continuing duty to promptly supplement application information required by that Section 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 thirty (30) days from the date of such change shall be grounds for suspension of a permit. (Ord. 01-15 §1)

Sec. 6-4-60. Investigation and application.

(a) Upon receipt of an application for a sexually oriented business permit properly filed with the Licensing Officer and upon payment of the nonrefundable application fee, the Licensing Officer shall immediately stamp the application as received and send photocopies of the application to the Police Department and the Building Inspection Department. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law. Said investigation shall be completed within twenty (20) days of receipt of the application by the Licensing Officer. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event it disapproves, state the reasons therefor. The Police Department shall only be required to provide the information specified in Section 6-4-40(c), and shall not be required to approve or disapprove applications.

(b) A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the Town. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Licensing Officer. (Ord. 01-15 §1)

Sec. 6-4-70. Issuance of permit.

(a) The Licensing Officer shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth day, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Licensing Officer notifies the applicant of a denial of the application and states the reasons for such denial.

(b) Grant of application for permit:

(1) The Licensing Officer shall grant the permit application for a sexually oriented business in the zoning districts where such use is permitted under Chapter 16 of this Code, unless one (1) or more of the criteria set forth in Subsection (c) below is present.

(2) The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time.

(c) Denial of application for permit. The Licensing Officer shall deny the application for any of the following reasons:

(1) The applicant fails to show to the Town's satisfaction that the requirements of Chapter 16 of this Code have been met;

(2) An applicant is: a) under eighteen (18) years of age, or b) under twenty-one (21) years of age if the sexually oriented business will provide live entertainment;

(3) An applicant is overdue on his or her payment to the Town of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business;

(4) An applicant has failed to provide information required by this Section for the issuance of the permit or has falsely answered a question or request for information on the application form;

(5) The premises to be used for the sexually oriented business have been disapproved by an inspecting agency pursuant to the provisions of Section 6-4-60(b);

(6) The application or permit fees have not been paid;

(7) An applicant or the proposed business is in violation of, or is not in compliance with, any of the provisions of this Article;

(8) The granting of the application would violate a statute, ordinance or court order;

(9) The applicant has a permit under this Article which has been suspended or revoked within the previous twelve (12) months; or

(10) An applicant has been convicted of a specified criminal act for which: a) less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense; b) less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; or c) less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for a sexually oriented business permit only when the time period required above has elapsed.

(d) If the Licensing Officer denies the application, he or she shall notify the applicant of the denial and state the reasons for the denial. (Ord. 01-15 §1)

Sec. 6-4-80. Expiration of permit.

(a) Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 6-4-40 (for renewals, filing of the original survey shall be sufficient) of this Article. Application for renewal of a permit shall be made at least thirty (30) days before the expiration date of the permit. If a renewal application is made fewer than thirty (30) days before the expiration date of a permit, the expiration of the permit will not be affected.

(b) If, subsequent to denial of renewal, the Licensing Officer finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. (Ord. 01-15 §1)

Sec. 6-4-90. Suspension of permit.

(a) The Licensing Officer shall suspend a permit for a period not to exceed thirty (30) days if he or she determines that a permittee, or an employee of a permittee, has:

(1) Violated, or is not in compliance with, any section of this Article.

(2) Refused to allow an inspection of the sexually oriented business premises as authorized by this Article.

(3) Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such a statute, code, ordinance or regulation violation, the Licensing Officer shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the Licensing Officer shall forthwith suspend the permit and shall notify the permittee of the suspension.

(4) Engaged in a permit transfer contrary to Section 6-4-110. In the event that the Licensing Officer suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 6-4-110, the Licensing Officer shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied.

(5) Operated the sexually oriented business in violation of Section 6-4-180 regarding hours of operation.

(b) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. (Ord. 01-15 §1; Ord. 01-20)

Sec. 6-4-100. Revocation of permit.

(a) The Licensing Officer shall revoke a sexually oriented business permit upon determining that:

(1) A cause of suspension in Section 6-4-90 above occurs and the permit has been suspended within the preceding twelve (12) months.

(2) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit.

(3) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances (as defined in Part 3 of Chapter 22 of Title 12, C.R.S.) on the premises.

(4) A permittee or an employee has knowingly allowed prostitution on the premises.

(5) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.

(6) A permittee has been convicted of a specified criminal act for which the time period set forth in Section 6-4-70(c)(10) has not elapsed.

(7) On two (2) or more occasions within a twelve-month period, a person committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person was an employee of the sexually oriented business at the time the offense was committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

(8) A permittee is delinquent in payment to the Town or state for any taxes or fees.

(9) A permittee or an employee has knowingly allowed any specified sexual activity to occur in or on the permitted premises.

(10) The permittee has operated more than one (1) sexually oriented business within the same building, structure or portion thereof.

(b) When the Licensing Officer revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. (Ord. 01-15 §1)

Sec. 6-4-110. Transfer of permit.

(a) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

(b) A permittee shall not transfer his or her permit to another person unless and until such other person satisfies the following requirements:

(1) Obtains an amendment to the permit from the Licensing Officer which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the Licensing Officer, setting forth the information called for under Section 6-4-40 in the application; and

(2) Pays a transfer fee of twenty percent (20%) of the annual permit fee.

(c) No permit may be transferred when the Licensing Officer has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

(d) A permittee shall not transfer his or her permit to another location.

(e) Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void. (Ord. 01-15 §1)

Sec. 6-4-120. Appeal rights.

(a) Any denial, suspension or revocation of a new or renewal permit under this Article may be appealed to the Board of Trustees by written notice within ten (10) days of such denial, suspension or revocation. Unless the applicant requests a longer period, the Board of Trustees must hold a hearing on the appeal within thirty (30) days and must issue a decision affirming or reversing the denial, suspension or revocation within fifteen (15) days after the hearing.

(b) Any decision by the Board of Trustees shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.

(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this Article, the applicant or licensee shall provide written notice of such appeal to the Board of Trustees within three (3) days of the filing of the appeal. Within ten (10) days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board of Trustees shall transmit to the court in which appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard and taken into consideration in issuing the final order. The Board of Trustees shad provide any further information, assistance or cooperation requested by the reviewing court without delay.

(d) Subject to the provisions of Subsection (f) below, any licensee lawfully operating a sexually oriented business prior to the denial of a permit renewal application or the suspension or revocation of a permit may continue to operate said business during the pendency of an appeal of a decision rendered under this Article to the Board of Trustees or to a court.

(e) Subject to the provisions of Subsection (f) below, any licensee lawfully acting as a manager in a sexually oriented business prior to the denial of a license renewal application or the suspension or revocation of a license may continue to serve in such capacity during the pendency of an appeal of a decision rendered under this Article to the Board of Trustees or to a court.

(f) In the event that an applicant for a new sexually oriented business permit or a new sexually oriented business manager license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within thirty (30) days of the date the appeal was filed, the Town will issue such applicant a provisional sexually oriented business permit or sexually oriented business manager license upon request of the applicant. The provisional license:

(1) Will allow an applicant for a sexually oriented business permit to operate the sexually oriented business named in the permit application under the same term as a normal sexually oriented business issued pursuant to Section 6-4-70 of this Article for the period of time specified in Subsection (g) below;

(2) Will allow an applicant for a sexually oriented business manager license to act as a manager on the premises of a sexually oriented business under the same term as a normal sexually oriented business employee license issued pursuant to Section 6-4-140 of this Article for the period of time specified in Subparagraph (g) below; and

(3) Will be subject to the same requirements as a normal sexually oriented business permit or sexually oriented business manager license issued under Section 6-40-70 or Section 6-4-140 of this Article.

(g) A provisional license will expire on whichever of the following three (3) dates is earliest:

(1) The date that a judicial decision is issued upholding the permit denial;

(2) The date on which a nonprovisional sexually oriented business permit or sexually oriented business manager license is issued to the applicant pursuant to a judicial decision overturning the license denial; or

(3) The date one (1) year from the issuance of the provisional license.

(h) In the event that judicial review of the denial of a new permit or license application is still pending thirty (30) days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the Town pursuant to Section 6-4-80 above. The Licensing Officer shall grant an application for renewal of a provisional license unless he or she determines that new grounds exist for denial of a permit or license application pursuant to Section 6-4-60 or Section 6-4-140(b) of this Article, which did not exist at the time of the original permit or license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the Town has the right to consolidate such review with the pending judicial appeal of the previous permit or license denial. (Ord. 01-15 §1)

Sec. 6-4-130. Manager's license required.

It is unlawful, and a person commits a misdemeanor, if he or she works as a manager of a sexually oriented business without first obtaining a manager's license. (Ord. 01-15 §1)

Sec. 6-4-140. Application for manager's license.

(a) A manager shall submit an application for a manager's license on a form to be provided by the Licensing Officer. The application shall contain the applicant's name, address, date of birth, phone number and the information required in Section 6-4-40.

(b) The Licensing Officer shall grant the application within ten (10) days of its filing unless:

(1) The applicant is: a) under eighteen (18) years of age; or b) under twenty-one (21) years of age if the sexually oriented business will provide live entertainment;

(2) The applicant has failed to provide the information required by this Section;

(3) The license fee has not been paid; or

(4) The applicant has been convicted of a specified criminal act within the times set forth in Section 6-4-7-(c)(10). (Ord. 01-15 §1)

Sec. 6-4-150. Inspection.

(a) An applicant or permittee shall permit representatives of the Building Inspection Department, the Health Department and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

(b) A person who operates a sexually oriented business or his or her agent commits a misdemeanor if he or she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 01-15 §1)

Sec. 6-4-160. Regulations generally.

A person who operates or causes to be operated a sexually oriented business, which exhibits on the premises in a peep booth or similar viewing area a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the requirements of this Article. (Ord. 01-15 §1)

Sec. 6-4-170. Regulation of peep booths.

(a) A sexually oriented business with a peep booth or similar viewing area shall have one (1) or more manager's stations, subject to the following regulations:

(1) At least one (1) employee must be on duty and situated at each manager's station at all times that any patron is present inside the premises; and

(2) 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 rest rooms. Rest rooms may not contain video display equipment. If the premises has two (2) 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 from at least one (1) of the manager's stations. The view required in this Paragraph must be by direct line of sight from the manager's station. The view area shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and no patron shall be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 6-4-40 above.

(b) Peep booths and similar viewing areas shall be subject to the following regulations:

(1) No peep booth may be occupied by more than one (1) person at any time; and

(2) No door, screen or other covering shall be placed or allowed to remain on any peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent peep booths.

(c) A person having a duty under this Article commits a misdemeanor if he or she knowingly fails to fulfill that duty. (Ord. 01-15 §1)

Sec. 6-4-180. Hours of operation.

It is 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:

(1) On any Tuesday through Saturday from 2:00 a.m. until 7:00 a.m.;

(2) On any Monday, other than a Monday which falls on January 1, from 12:00 a.m. until 7:00 a.m.;

(3) On any Sunday from 2:00 a.m. until 8:00 a.m.; and

(4) On any Monday which falls on January 1, from 2:00 a.m. until 7:00 a.m. (Ord. 01-15 §1)

Sec. 6-4-190. Minimum age.

(a) It is unlawful for any person: (1) under the age of eighteen (18) years to be upon the premises of a sexually oriented business; or (2) under the age of twenty-one (21) years to be upon the premises of a sexually oriented business that provides live entertainment.

(b) It is unlawful for the licensee or any employee of the licensee to allow any person: (1) under the age of eighteen (18) years to be upon the premises of a sexually oriented business; or (2) under the age of twenty-one (21) years to be upon the premises of a sexually oriented business that provides live entertainment. (Ord. 01-15 §1)

Sec. 6-4-200. Lighting regulations.

(a) Excluding a private room of an adult motel, the interior portion of the premises of a sexually oriented business to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place (including peep booths) at an illumination of not less than five (5) foot-candles as measured at the floor level.

(b) It is the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times during the hours of operation prescribed in Section 6-4-180. (Ord. 01-15 §1)

Sec. 6-4-210. Stage required.

Any adult cabaret or adult theater shall have one (1) or more separate areas designated as a stage in the diagram submitted as part of the application for the license. Entertainers shall perform only upon the stage. The stage shall be fixed and immovable. No seating for the audience shall be permitted within six (6) feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within six (6) feet of the edge of the stage. (Ord. 01-15 §1)

Sec. 6-4-220. Conduct in business.

(a) No licensee, manager or employee mingling with the patrons of a sexually oriented business, or serving food or drinks, shall be in a state of nudity. It is a specific defense to prosecution for a violation of this Section that an employee of a sexually oriented business exposed any specified anatomical area during the employee's bona fide use of a rest room, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(b) No licensee or employee shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, anus, genitals or other specified anatomical areas of any person. (Ord. 01-15 §1)

Sec. 6-4-230. Employee tips.

(a) It is unlawful for any employee of a sexually oriented business to receive tips from patrons, except as set forth in Subsection (b) below.

(b) A licensee that desires to provide for tips from its patrons shall establish one (1) or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box.

(c) A sexually oriented business that provides tip boxes for its patrons as provided in this Section shall post one (1) or more signs to be conspicuously visible to the patrons on the premises in letters at least one (1) inch high, to read as follows:

"All tips are to be placed in the tip box and not handed directly to employees. Any physical contact between a patron and employees is strictly prohibited."

(Ord. 01-15 §1)

Sec. 6-4-240. Unlawful acts.

It is unlawful for the licensee or for any manager or employee to violate any of the requirements of this Article, or to knowingly permit any patron to violate the requirements of this Article. (Ord. 01-15 §1)

Sec. 6-4-250. Exemptions.

(a) The provisions of this Article shall not apply to those areas of an adult motel that are private rooms.

(b) The provisions of this Article regulating nude model studios do not apply to:

(1) A college, junior college or university supported entirely or partly by taxation;

(2) 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

(3) A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude model is on the premises in a state of undress at any one (1) time. (Ord. 01-15 §1)

Sec. 6-4-260. Fees.

(a) The annual fee for a sexually oriented business permit is two hundred fifty dollars ($250.00).

(b) The annual manager's license fee is fifty dollars ($50.00).

(c) An applicant for a sexually oriented business permit shall pay a nonrefundable application fee of eight hundred dollars ($800.00) at the time of filing an application.

(d) An applicant for an employee permit shall pay a nonrefundable application fee of fifty dollars ($50.00) at the time of filing an application. (Ord. 01-15 §1)

Sec. 6-4-270. Town's remedies.

(a) If any person fails or refuses to obey or comply with or violates any of the criminal provisions, such person upon conviction of such offense shall be guilty of a misdemeanor and shall be punished by a fine not to exceed four hundred ninety-nine dollars ($499.00). Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation shall be considered as a separate offense.

(b) Nothing herein contained shall prevent or restrict the Town from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

(c) All remedies and penalties provided for in this Section shall be cumulative and independently available to the Town, and the Town shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. (Ord. 01-15 §1)