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

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

For purposes of this Article, the following definitions shall be used:

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, 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 oradult video store means a commercial establishment which:

(1)

Devotes a significant or substantial portion of its stock-in-trade or interior floor space to;

(2)

Receives a significant or substantial portion of its revenues from; or

(3)

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.

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 hereof are otherwise met.

Adult 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 adult 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.

Adult cabaret means a club, restaurant, pop shop or similar commercial establishment which features:

(1)

Persons who appear nude or in a state of nudity or semi-nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

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 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 picture, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and advertises the availability of this adult 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;

(2)

Offers a sleeping room for rent for a period of time less than ten hours; or

(3)

Allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten hours.

Adult motion picture theater means a commercial establishment where films, motion picture, 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.

Employee means a person who works or performs in and/or for an adult business, regardless of whether said person is paid a salary, wage or other compensation by the operator of said business.

Establishment, in regard to an adult 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 an adult business.

(3)

The addition of an adult business to any other existing adult business.

(4)

The relocation of an adult business.

Licensing officer means the Town Clerk.

Manager means an operator other than the licensee who is employed by an adult 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 by money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.

Nudity or state 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 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 150 square feet of floor space.

Permittee and/orlicensee means a person in whose name a permit and/or license to operate an adult 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, permitted premises or licensed premises means any premises that requires a license and/or permit and that is classified as an adult business.

Principal owner means any person owning, directly or beneficially:

(1)

Ten percent or more of a corporation's equity securities;

(2)

Ten percent or more of the membership interest in a limited liability company; or

(3)

In the case of any other legal entity, ten percent or more of the ownership interest 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.

Semi-nude means a state of dress in which clothing covers no more than the genital, 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-nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Specified anatomical area means:

(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 adult business, including distribution of obscenity, prostitution or pandering.

Specified sexual activities means:

(1)

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

(2)

Sexual 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 Paragraphs (1) through (4) above.

Transfer of ownership or control of an adult 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; or

(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.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

It is unlawful to operate or cause to be operated an adult business in any location in the Town, except as provided in this Section.

(b)

It is unlawful to operate or cause to be operated an adult business within 500 feet of:

(1)

A church;

(2)

A school or child care facility;

(3)

A public park (not including trails);

(4)

A massage parlor licensed under the provisions of this Chapter; or

(5)

A community correctional facility.

(c)

It is unlawful to cause or permit the operation of an adult business within 1,000 feet of another adult business or a massage parlor as defined in Section 12-48.5-103, C.R.S. The distance between any such businesses and those businesses specified in Subsection (b) above shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult business is located.

(d)

It is unlawful to cause or permit the operation or maintenance of more than one adult business in the same building, structure or portion thereof.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

No person shall conduct an adult business without first having obtained an adult business license.

(b)

Applicants for an annual adult business license shall pay a license fee as set forth in the Town's Fee Schedule.

(c)

In the event that an application for an adult business license is withdrawn or denied, the license fee shall not be refunded to the applicant.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

All applicants for an adult business license shall file an application for such license with the Town Clerk on forms to be provided by the Town Clerk. Each principal owner and all managers and employees shall be named in the application form.

(b)

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

(1)

If the applicant is:

a.

An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is at least 18 years of age.

b.

A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under state statutes or, in the case of a foreign corporation, evidence that it is currently authorized to do business in the State, the names and capacity of all officers, directors and principal owners, the name of the registered corporate agent and the address of the registered office for service of process.

d.

A limited liability company, the limited liability company shall state its complete name, the date of filing of the articles of organization and operating agreement and the names of all managers and members.

(2)

Whether the applicant or any other individual listed under Paragraph (1) above has worked under or has had a previous adult business license under this Article or other adult business or adult entertainment ordinance from another state, city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(3)

Whether the applicant or any other individual listed under Paragraph (1) above holds any other licenses under this Article or similar adult business ordinance from another city, county or state and, if so, the names and locations of such other permitted businesses.

(4)

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

(5)

Proof of the applicant's right to possession of the premises wherein the adult business is proposed to be conducted.

(6)

The applicant's or any other individual's listed mailing address and residential address pursuant to Subsection (a) above.

(7)

A photocopy of the driver's license or other government-issued identification card of the individuals listed in Subsection (a) above.

(8)

A floor plan of the proposed licensed premises which specifies the location and dimensions of any manager's station and demonstrates that there is an unobstructed view from at least one of the manager's stations of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The proposed floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The proposed floor plan need not be professionally prepared, but must 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 inches. The diagram shall designate the place where the license will be conspicuously posted and the location of any proposed stage. A floor plan is not required for the licensed premises of an adult motion picture theater.

(9)

A current certificate drawing, prepared within 30 days prior to the application by a land surveyor, depicting the property lines and the structures containing any adult business or massage parlor within 1,000 feet of the closest exterior wall of the structure in which the applicant's business is proposed to be located, and depicting the property line of any church, school, child care facility, public park, residential zone district or residential lot within 500 feet of the closest exterior wall of the structure in which the applicant's business is proposed to be located.

(10)

Whether the applicant or any of the other individual listed pursuant to Paragraph (1) above has been convicted of a specified criminal act within the times set forth in Paragraph 16-3-80(8) of this Article and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(11)

Photographs (passport size or two inches by two inches) and fingerprints of all principal owners and each manager, general partner and, in the case of a corporate applicant, the president of the corporation.

(c)

If the applicant is an individual, he or she must sign the application for a license. If the applicant is a corporation, it must be signed by the president or vice president and attested to by the secretary or assistant secretary. If the applicant is a general or limited partnership, it must be signed by a general partner. If the applicant is a limited liability company, it must be signed by a general manager.

(d)

If an omission or error is discovered by the Town Clerk, the application will be returned to the applicant for completion or correction without further action by the Town Clerk. Any application rejected due to an omission or error shall be re-filed only when the omission or error has been remedied. For the purposes of this Article, the date the Town Clerk accepts an application which is complete shall be the date the application is filed with the Town Clerk.

(e)

In the event that the Town Clerk determines that the applicant has improperly completed the application, he or she shall promptly notify the applicant of such fact and allow the applicant 30 days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(f)

Applicants for a license under this Article shall have a continuing duty to promptly supplement application information required by this 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 30 days from the date of such change, by supplementing the application on file with the Town Clerk, shall be grounds for the suspension or revocation of an adult business license.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Each applicant for a new license or as specified in Subsection 16-3-120(b) of this Article, whether an individual, partnership or corporation, shall pay an application fee as set forth in the Town's Fee Schedule at the time of the filing of an application. Such application fee shall be nonrefundable.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

On receipt of a properly completed application and the payment of the application and license fees, the Town Clerk shall investigate the background of each individual applicant, employee, the partners of a partnership or the officers, directors and holders of the stock of a corporation. Each applicant shall pay a nonrefundable investigation fee as set forth in the Town's Fee Schedule at the time the application is filed in the amount then charged by the Colorado Department of Public Safety for each person who will be investigated. The investigation conducted by the Town Clerk shall be sufficient to verify the accuracy of all the information required by Section 16-3-50 of this Article. The Town Clerk shall also transmit a request to the Town Administrator for a report that the proposed location of such adult business complies with the location requirements of this Article. The Town Administrator shall issue such report within five business days of transmission of the request. If the Town Administrator fails to issue the report as required, the Town Clerk shall presume that the proposed location of the adult business complies with this Article.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The application of any applicant shall be approved or denied by the Town Clerk within 14 days of the date the application is filed with the Town Clerk. The Town Clerk shall deny a license if:

(1)

The applicant is under the age of 21 years.

(2)

The applicant has made a false statement upon the application or has given false information in connection with an application.

(3)

The applicant, any holder of any class of stock or a director, officer, partner or principal of the applicant has had an adult business license revoked or suspended anywhere within the State within one year prior to the application.

(4)

The applicant has operated an adult business which was determined to be a public nuisance under state law or this Article within one year prior to the application.

(5)

A corporate applicant is not in good standing or authorized to do business in the State.

(6)

The applicant is overdue in the payment to the Town of taxes, fees, fines or penalties assessed against him or her or imposed against him or her in relation to an adult business.

(7)

The applicant has not obtained the required sales tax license.

(8)

The applicant has been convicted of a specified criminal act within the five-year period prior to the date the application is filed with the Town Clerk.

(9)

The proposed sexually oriented business will be located within 500 feet of any church or synagogue, park, school, licensed day care center or any existing occupied mobile home, single-family or multi-family residence, whether located within or without the Town.

(10)

The proposed sexually oriented business will be located in any zone district except the Commercial Zoning District (sexually oriented businesses are only allowed in the Commercial District).

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

All licenses granted pursuant to this Article shall be for a term of one year. Said term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated the same as if they were filed January 1 of that year and shall terminate on December 31 of that same year. No proration shall be permitted.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Renewal of an existing license granted pursuant to this Article may be made by payment of the annual licensing fee as set forth in the Town's Fee Schedule and filing of a renewal application with the Town Clerk not less than 45 days prior to the date of expiration. The Town Clerk may waive, for good cause shown, the filing time requirement.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

The Hearing Officer may suspend a license for a period not to exceed six months or revoke any license granted pursuant to this Article upon a finding of any of the following facts:

(1)

That repeated disturbances of the public peace have occurred within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds within the neighborhood of the licensed establishment, involving patrons, employees or the licensee.

(2)

That the licensee or any employee thereof has offered for sale or knowingly allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics, dangerous drugs or fermented malt, malt, vinous or spirituous beverages.

(3)

That the licensee or manager is not upon the licensed premises at all times that adult entertainment is being provided.

(4)

That adult entertainment was offered at the licensed establishment during hours prohibited by Section 16-3-140 of this Article.

(5)

That the licensee, manager or employee has allowed, or has done nothing to prevent patrons from engaging in, public displays of indecency in violation of state law or this Code or has allowed patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds immediately adjacent to the licensed establishment, when the licensee, manager or employee knew or should have known that such displays or acts were taking place.

(6)

That the licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license.

(7)

That the licensee, manager or employee violated or permitted a violation of any provisions of this Article, including the standards of conduct set forth in Section 16-3-150 of this Article.

(8)

That a manager or employee of the licensed establishment is under the age of 21 years.

(9)

That the licensee, in the case of a corporation, is not in good standing or authorized to do business in the State.

(10)

That the licensee, manager or employee knowingly operated any aspect or facilities of the adult business during a period of time when the adult business license was suspended.

(11)

That the licensee is delinquent in the payment to the Town or State for any taxes or fees past due.

(12)

That the licensee, manager or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur within the licensed premises.

(13)

That the licensee, manager or employee has been convicted of a specified criminal act.

(b)

Nothing in this Article shall prohibit the Town from taking any other enforcement action provided for by this Article or the laws of the State or of the United States.

(c)

A licensee shall be entitled to a hearing before the Hearing Officer if the Town seeks to suspend or revoke his or her license based on a violation of this Article, as follows:

(1)

When there is probable cause to believe that a licensee has violated or permitted a violation of this Article to occur in or near the licensed establishment, the Law Enforcement Agency may file a written complaint with the Town setting forth the circumstances of the violation.

(2)

The Town shall provide a copy of the complaint to the licensee, together with notice to appear before the Hearing Officer for the purpose of a hearing on specified date to show cause why the licensee's license should not be suspended or revoked.

(3)

In such cases where specified criminal acts are at issue, the provisions of Section 24-5-101, C.R.S., shall control.

(4)

At the hearing referred to above, the Hearing Officer shall hear such statements and consider such evidence as the Law Enforcement Agency or other enforcement officer, the owner, occupant, lessee or other party in interest or any other witness shall offer which is relevant to the violation alleged in the complaint. The Hearing Officer shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the Hearing Officer determines that a violation did occur, he or she shall issue an order suspending or revoking the license within 20 days after the hearing is concluded, based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license.

(5)

The order of the Hearing Officer made pursuant to Paragraph (4) above shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure Rule 106(a)(4). Failure of the licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of his or her license.

(6)

The Hearing Officer shall have the power to administer oaths, issue subpoenas and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books and records necessary to the determination of any hearing which the Hearing Officer conducts. It is unlawful for any person to fail to comply with any subpoena issued by the Hearing Officer. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. Upon failure of any witness to comply with such subpoena, the Town Attorney shall:

a.

Petition the Municipal Court, stating that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, and that the Municipal Court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of the Municipal Court; or

b.

Petition the appropriate District Court stating that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the Municipal Court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of Municipal Court.

(d)

In the event of suspension, revocation or cessation of business, no portion of the license fee, application fee or investigative fee shall be refunded.

(e)

When the Hearing Officer revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult business license for one year from the date the revocation became effective.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any adult business license issued pursuant to the terms of this Article shall be prominently displayed at all times upon the premises for which the license was issued in accordance with Section 16-3-80 of this Article.

(b)

Licenses issued under this Article shall not be transferable except as provided herein. Any transfer of ownership or control by a licensee holding an adult business license shall result in termination of the license unless such licensee, within 30 days prior to any such transfer, files a written notice of such transfer accompanied by the application fee and an investigation fee as required by Sections 16-3-60 and 16-3-70 of this Article. Any such transfer shall be reported on forms provided by the Town Clerk and shall require the names of all new principal owners and any information as required by Section 16-3-50 of this Article. Approval or denial by the Town Clerk of such transfer shall be upon the same terms as provided for in this Article for the approval or denial of an adult business license.

(c)

When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license.

(d)

Each license issued under this Article is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he or she holds. A separate license shall be issued for each specific adult business and each geographical location.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

A registered manager shall be on the premises of an adult business at all times that adult entertainment is being provided. It shall be unlawful for any person to work as a manager of an adult business without first registering with the Town Clerk. The registration form shall require the applicant to provide his or her legal name and any aliases, home address, telephone number and satisfactory proof that he or she is 21 years of age.

(b)

In the event that a licensee changes the manager or an employees of the adult business, the licensee shall report such change and register the new manager or employee on forms provided by the Town Clerk within ten days of such change. Any new employee or manager shall pay the investigation fee specified in Section 16-3-70 of this Article and shall be subject to approval or denial in accordance with the provisions of Section 16-3-80 of this Article.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

It is unlawful for a sexually oriented business to be open for business or for the licensee or an employee of a licensee to allow patrons upon the licensed premises from 1:00 a.m. until 8:00 a.m.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Standards of conduct. The following standards of conduct must be adhered to by employees of any adult business which offers, conducts or maintains live adult entertainment:

(1)

Clothing. No employee or entertainer mingling with the patrons or serving food or beverages shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area.

(2)

Touching, caressing, fondling. No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person.

(3)

Simulation of specified areas. No employee or entertainer shall wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

(4)

Performance standards:

a.

No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose any portion of his or her specified anatomical area except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons. This barrier must be a minimum of one-fourth inch thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable.

b.

No employee or entertainer shall perform, while nude or semi-nude, any obscene acts or obscene acts which simulate specified sexual activities.

(b)

Use of inanimate objects. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this Section.

(c)

Menu. There shall be posted and conspicuously displayed in every area offering adult entertainment a list of food and beverage prices.

(d)

Alcohol and liquor. No adult entertainment use shall be located within any premises which is licensed for the retail sale of 3.2 percent beer, malt, vinous or spirituous liquor, as such terms are defined in Articles 46 and 47 of Title 12, C.R.S., except as allowed in Articles 46 and 47 of Title 12, C.R.S.

(e)

Consumption of alcohol. It is unlawful to permit the consumption of 3.2 percent beer or other alcoholic beverages within the same premises as an adult entertainment use, except as allowed in Articles 46 and 47 of Title 12, C.R.S.

(f)

Tips. Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the adult business, and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.

(g)

Tip boxes. An adult business that provides tip boxes shall conspicuously display in the common area of the premises one or more signs in letters at least one inch high to read as follows:

ADULT ENTERTAINMENT IS REGULATED BY THE TOWN OF GARDEN CITY

Any tips are to be placed in the tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is prohibited by law. Violators face maximum penalties of $2,650.00.

(h)

Outside visibility. No adult entertainment occurring on the premises shall be visible at any time from outside of the premises.

(i)

Exhibits. Any licensee who offers, conducts or maintains live adult entertainment or an adult arcade which exhibits in a peep booth a film, videocassette or other video reproduction shall comply with the following requirements in addition to those set forth in Subsection (a) of this Section.

(1)

It is the duty of the licensee of the premises to ensure that least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(2)

It is the duty of the licensee and manager of the premises to ensure that any doors to public areas on the premises remain unlocked during business hours.

(3)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment or other forms of adult entertainment. If the premises have two or more manager's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this Paragraph must be a direct line of sight from the manager's station. A manager's station may not exceed 32 square feet of floor area.

(4)

No alteration to the configuration or location of an adult business may be made without prior written approval from the Town.

(5)

It shall be the duty of the licensee, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Paragraph (3) above remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the license application filed pursuant to this Article.

(6)

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

(7)

Peep booths must be separated from other peep booths by a solid, uninterrupted physical divider which is a minimum of one-fourth inch thick and serves to prevent physical contact between patrons.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 04-2018, § 2, 5-15-2018)

Admission to adult businesses is restricted to persons of the age of 18 years or older.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

All off-street parking areas and premises entries of adult businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on all parking surfaces and/or walkways. This required lighting level is to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.

(b)

The premises of all adult businesses, except adult motion picture theaters, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two foot-candles of light as measured at the floor level.

(c)

Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than one foot-candle of light as measured at the floor level.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The application for an adult business license shall constitute consent of the licensee and his or her agents or employees to permit the Law Enforcement Agency or any other agent of the Town to conduct routine inspections of any licensed adult business during the hours the establishment is conducting business.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

It is an affirmative defense to prosecution under this Article if a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

(1)

By a proprietary school, licensed by the State or a college, junior college or university supported entirely or partly by taxation.

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude model is on the premises at any one time.

(Ord. No. 07-2009, Art. VII, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)