The purpose and intent of this Chapter is to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Chapter to condone or legitimize the distribution of obscene material.

(Ord. 2012-18 §1)

Words and phrases used in this Chapter shall have the following meanings ascribed to them:

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means:

1.

A commercial establishment which (a) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (b) receives a significant or substantial portion of its revenues from; or (c) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

2.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Paragraph 1. above are otherwise met.

Adult cabaret means a cabaret which features: (1) persons who appear nude or in a state of nudity or semi-nude; or (2) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult motel means a motel, hotel or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; or (2) offers a sleeping room for rent for a period of time less than ten (10) hours; or (3) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten (10) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Cabaret means a commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and live entertainment are permitted.

Church shall have the meaning set forth in this Title.

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

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

1.

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

2.

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

3.

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

4.

The relocation of a sexually oriented business.

Industrial zone districts means the I-1 Light Industrial District and the I-2 General Industrial District according to the official Zoning Map of the Town.

Licensing Officer means the Town Clerk or his or her designee.

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.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.

Nudity orstate of nudity means: (1) the appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

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

Peep booth means a viewing room of less than one hundred fifty (150) square feet of floor space.

Permittee and/or licensee means a person in whose name a permit and/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 and/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 premises that requires a license and/or permit and that is classified as a sexually oriented business.

Principal owner means any person owning, directly or beneficially: (1) 10% or more of the membership interests in a limited liability company; or (2) in the case of any other legal entity, 10% or more of the ownership interests in the entity.

Private room means a room in an adult motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

Public park means any open space, park or recreational area owned, maintained or operated by the Town.

Residential district shall have the meaning set forth in this Title.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexual encounter establishment means a business or commercial establishment that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is in a state of nudity or semi-nude. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Specified anatomical areas, as used herein, means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified criminal acts means sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including but not limited to distribution of obscenity, prostitution, pandering or tax violations.

Specified sexual activities means and includes any of the following:

1.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3.

Masturbation, actual or simulated;

4.

Human genitals in a state of sexual stimulation, arousal or tumescence; or

5.

Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs 1 through 4 above.

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

1.

The sale, lease or sublease of the business.

2.

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

3.

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 Title 17, CRMC.

(Ord. 2012-18 §1)

Application fees, license fees and registration fees under this Chapter are prescribed in Section 17.56.320.

(Ord. 2012-18 §1)

A.

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

B.

It shall be unlawful to operate a sexually oriented business when the 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.

(Ord. 2012-18 §1)

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 Director of the Planning 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 Article X of this Chapter.

C.

The Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time periods set forth in Subparagraph 17.56.080.C.1(i).

D.

The Building 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 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 twenty-one (21) years of age.

2.

If the applicant is a legal entity, the entity 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 the State, 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 Paragraphs 1 and 2 above has had a previous permit under this or other similar sexually oriented business ordinances from another municipality 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.

5.

Whether the applicant or any other individual listed pursuant to Paragraphs 1 and 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.

6.

Whether the applicant or any other individual listed pursuant to Subsections F.1 or 2 holds any other permits and/or licenses under this Chapter or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of such other permitted businesses.

7.

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

8.

The applicant's mailing address and residential address.

9.

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 subject to the provisions of Article VI of this Chapter, 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.

10.

A current certificate and straight-line drawing prepared within 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, dwelling unit (single or multiple), public park or residential district within 1,500 feet of the property to be certified; and (c) the property lines and structures of any other sexually oriented business within 1,500 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.

11.

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.

G.

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 ten 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.

H.

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. 2012-18 §1)

Applicants for a permit under Section 17.56.050 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 days from the date of such change shall be grounds for suspension of a permit.

(Ord. 2012-18 §1)

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 Planning Department, the Police Department and the Building 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 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 Subsection 17.56.050.C above, 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. 2012-18 §1)

A.

The Licensing Officer shall grant or deny an application for a permit within thirty 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 that denial.

B.

Grant of Application for Permit.

1.

The Licensing Officer shall grant the application unless one 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 or persons 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.

1.

The Licensing Officer shall deny the application for any of the following reasons:

a.

An applicant is under twenty-one (21) years of age.

b.

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.

c.

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.

d.

The premises to be used for the sexually oriented business have been disapproved by an inspecting agency pursuant to the provisions of Subsection 17.56.070.B above.

e.

The application or permit fees have not been paid.

f.

An applicant or the proposed business is in violation of, or is not in compliance with, any of the provisions of this Chapter.

g.

The granting of the application would violate a statute, ordinance or court order.

h.

The applicant has a permit under this Chapter which has been suspended or revoked within the previous twelve months.

2.

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. 2012-18 §1)

A.

Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 17.56.050. For renewals, filing of the original survey shall be sufficient. Application for renewal of a permit shall be made at least thirty days before the expiration date of the permit. If a renewal application is made fewer than thirty 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 days have elapsed since the date denial became final.

(Ord. 2012-18 §1)

A.

The Licensing Officer shall suspend a permit for a period not to exceed thirty 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 Chapter.

2.

Refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter.

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 17.56.120. In the event that the Licensing Officer suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 17.56.120, the Licensing Officer shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Chapter has been satisfied.

5.

Operated the sexually oriented business in violation of the hours of operation provisions of Section 17.56.190.

B.

The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

(Ord. 2012-18 §1)

A.

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

1.

A cause of suspension in Section 17.56.100 occurs and the permit has been suspended within the preceding twelve 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 Article 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.

On two or more occasions within a 12-month period, a person or persons 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 or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;

7.

A permittee is delinquent in payment to the Town or State for any taxes or fees;

8.

A permittee or an employee has knowingly allowed any specified sexual activity to occur in or on the permitted premises; or

9.

The permittee has operated more than one 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 year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective.

(Ord. 2012-18 §1)

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 17.56.050 in the application; and

2.

Pays a transfer fee of 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. 2012-18 §1)

After denial of an application, denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek judicial review of such administrative action in any court of competent jurisdiction.

(Ord. 2012-18 §1)

It shall be 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. 2012-18 §1)

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 Paragraph 17.56.050.F.4.

B.

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

1.

The applicant is under age twenty-one (21);

2.

The applicant has failed to provide the information required by this Section; or

3.

The license fee has not been paid.

(Ord. 2012-18 §1)

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. 2012-18 §1)

A person who operates or causes to be operated a sexually oriented business, which exhibits on the premises in a peep booth 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. 2012-18 §1)

A.

The sexually oriented business shall have one or more manager's stations. A manager's station may not exceed 32-square feet of floor area. No alteration in the configuration or location of a manager's station may be made without the prior approval of the Licensing Officer.

B.

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

C.

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 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 of the manager's stations. The view required in this subsection 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 17.56.050.

D.

No peep booth may be occupied by more than one person at any one time.

E.

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 adjacent peep booths.

F.

A person having a duty under this Article commits a misdemeanor if he or she knowingly fails to fulfill that duty.

(Ord. 2012-18 §1)

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:

A.

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

B.

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

C.

On any Sunday from 2:00 a.m. until 8:00 a.m.;

D.

On any Monday which falls on January 1, from 2:00 a.m. until 7:00 a.m.

(Ord. 2012-18 §1)

This Article shall not apply to those areas of an adult motel that are private rooms.

(Ord. 2012-18 §1)

A.

It shall be unlawful for any person under the age of twenty-one (21) years to be upon the premises of any live, nude dancing establishment including, but not limited to, any adult cabaret, adult theater or sexual encounter establishment, as defined by this Chapter.

B.

It shall be unlawful for the licensee or any employee of the licensee to allow anyone under the age of twenty-one (21) years upon the premises of any live, nude dancing establishment including, but not limited to, any adult cabaret, adult theater or sexual encounter establishment, as defined by this Chapter.

C.

It shall be unlawful for any person under the age of eighteen (18) years to be upon the premises of any sexually oriented business.

D.

It shall be unlawful for the licensee or any employee of the licensee to allow anyone under the age of eighteen (18) years upon the premises of any sexually oriented business.

(Ord. 2012-18 §1)

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 5.0 foot candles as measured at the floor level.

B.

It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

(Ord. 2012-18 §1)

A.

No permit shall be issued under this Chapter for any sexually oriented business within any zone district other than industrial zone districts.

B.

It is unlawful to operate or cause to be operated a sexually oriented business outside of an industrial zone.

C.

It is unlawful to operate or cause to be operated a sexually oriented business within 1,500 feet of:

1.

Any church;

2.

Any school meeting all requirements of the compulsory education laws of the State;

3.

The boundary of any residential district;

4.

A dwelling unit (single or multiple); or

5.

A public park adjacent to any residential district.

D.

It is unlawful to operate or cause to be operated a sexually oriented business within 1,500 feet of another sexually oriented business.

E.

It is unlawful to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure or portion thereof.

(Ord. 2012-18 §1)

A.

For purposes of this Article, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

B.

For purposes of this Article, distance between any sexually oriented business and any church, school, public park, dwelling unit (single or multiple) or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a church, school or dwelling unit (single or multiple), or the nearest boundary of an affected public park or residential district.

(Ord. 2012-18 §1)

A.

Any sexually oriented businesses lawfully operating on January 1, 1994, that is in violation of Section 17.56.230 will be permitted to continue for a period six months from the effective date hereof.

B.

Notwithstanding the provisions of Subsection A above, the Director of the Development Services may grant an extension of time during which a sexually oriented business in violation of Section 17.56.230 will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business, but in any event not to exceed one year. A sexually oriented business in violation of Section 17.56.230 may continue during such extended period, unless the business is sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such business shall not be enlarged, extended or altered except that the business may be brought into compliance with this Chapter.

C.

If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location will be deemed to be in compliance with Section 17.56.230, and the later established business will be deemed to be in violation of Section 17.56.230

D.

A sexually oriented business lawfully operating is not rendered in violation of Section 17.56.230 by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, school, dwelling unit (single or multiple), public park or residential district, within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

(Ord. 2012-18 §1)

Any adult cabaret or adult theater shall have one or more separate areas designated as a stage in the diagram submitted as part of the application for the licensee. Entertainers shall perform only upon the stage. The stage shall be fixed and immovable. No seating for the audience shall be permitted within 3-feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within 3-feet of the edge of the stage.

(Ord. 2012-18 §1)

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 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 or specified anatomical areas of any person.

(Ord. 2012-18 §1)

A.

It shall be 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 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 or more signs to be conspicuously visible to the patrons on the premises in letters at least 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. 2012-18 §1)

It shall be 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. 2012-18 §1)

The provisions of this Chapter regulating nude model studios do not apply to:

A.

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

B.

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.

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 days in advance of the class; and where no more than one nude model is on the premises at any one time.

(Ord. 2012-18 §1)

A.

If any person fails or refuses to obey or comply with or violates any of the criminal provisions of this Chapter, such person upon conviction of such offense shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed one year, or both, in the discretion of the Court. 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. 2012-18 §1)

A.

The annual fee for a sexually oriented business permit is $700.00.

B.

The annual manager's license fee is $75.00.

C.

An applicant for a sexually oriented business permit shall pay a nonrefundable application fee of $600.00 at the time of filing an application.

(Ord. 2012-18 §1)