The purpose and intent of this Article is to regulate adult-oriented 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-oriented businesses within the Town, thereby reducing or eliminating the adverse secondary effects from such adult-oriented 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 sexually oriented materials. Similarly, it is neither the intent nor effect of this Article to restrict or deny access by adults to adult sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of adult sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Article to condone or legitimize the distribution of obscene material.

(Ord. No. 3.64(a), § 1, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

Words and phrases used in this Article 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 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 expenditures 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 set forth above are otherwise met.

Adult cabaret means a nightclub, supper club, dance club or other such entertainment establishment, whether or not such establishment has a fermented malt beverage or spirituous and vinous liquor license which features: (1) persons who appear nude, 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 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 or 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 pictures, video cassettes, slides or similarly 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 similarly commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or specified sexual activities.

Adult-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 term adult-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 practices.

Church means churches, synagogues, places of worship and other institutions dedicated to religious objectives.

Criminal act means any criminal act classified by the State as a felony or as a misdemeanor if the misdemeanor occurred at, involved or is related to an adult-oriented business or is a crime involving dishonesty or moral turpitude.

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

Establishment of an adult-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 an adult-oriented business;

(3)

The addition of an adult-oriented business to any other existing sexually oriented business; or

(4)

The relocation of an adult-oriented business.

Licensing Officer means the Town Council or its assignee.

Manager means an operator, other than a licensee, who is employed by an adult-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 or state of nudity means: (a) the appearance of human bare buttocks, anus, male genitals, female genitals or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male genitals, female genitals, pubic region or areola or nipple of the female breast.

Operator means the owner, license holder, custodian, manager, operator or person in charge of any permitted or licensed adult-oriented business premises.

Peep booth means a viewing room of less than 150 square feet of floor space.

Premises or licensed premises means any premises that requires a license and is classified as an adult-oriented 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 interests in a limited liability company; or (3) in the case of any other legal entity, ten percent 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 park, recreation area or facility, open space area or trail which may be used by the general public, either with or without payment of a fee.

Residential district means any zoning district in the Town where residential uses are permitted either as a use by right or a conditional use, including mobile home and modular home uses.

Seminude 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 enterprise that regularly offers, for any form of consideration, a place where two or more persons may congregate, associate or consort when one or more of the persons is in a state of nudity or is seminude. This definition does not include any treatment or examination of another person for bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices.

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 above the top of the areola; or

(2)

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

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 Paragraphs (1) through (4) of this definition.

Transfer of ownership or control of an adult-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.

(Ord. No. 3.64(a), § 2, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

No adult-oriented business shall be permitted to operate without having first obtained a valid Type A or Type B adult-oriented business license from the Town.

(b)

A Type A license shall be required for all adult-oriented businesses where no fermented malt beverages, malt, vinous or spirituous liquors are allowed. Holders of a Type A adult-oriented business license shall pay an annual license fee as set forth on the Town's Fee Schedule.

(c)

A Type B adult-oriented business license shall be required for all establishments where fermented malt beverages, malt, vinous or spirituous liquors are sold within an establishment pursuant to a valid liquor license issued pursuant to Article 46 or 47 of Title 12, C.R.S., operated in conjunction with an adult-oriented business. Holders of a Type B adult-oriented business license shall pay an annual license fee as set forth on the Town's Fee Schedule.

(d)

In the event an application for an adult-oriented business license is withdrawn or denied, the license fee shall be refunded to the applicant in an amount equal to the amount paid minus actual costs incurred by the Town in processing the license application up until the time of withdrawal or denial.

(e)

It is unlawful if a person operates or causes to be operated an adult-oriented business and said person knows or reasonably should know that:

(1)

The business does not have an adult-oriented business license;

(2)

The business has a license which is under suspension;

(3)

The business has a license which has been revoked; or

(4)

The business has a license that has expired.

(Ord. No. 3.64(a), § 3, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The Town Council is responsible for granting, denying, revoking, renewing, suspending and canceling adult-oriented business licenses for proposed or existing adult-oriented businesses.

(b)

The Town Planner is responsible for ascertaining whether a proposed adult-oriented business for which a license application has been submitted complies with all location requirements set forth in this Article.

(c)

The County Sheriff's office is responsible for providing information on whether an applicant has been convicted of a criminal act during the time periods set forth in Paragraph 16-17-100(10) of this Article.

(d)

The County Building Department is responsible for inspecting a proposed adult-oriented business in order to ascertain whether it is in compliance with applicable statutes and this Code.

(e)

Any person desiring to operate an adult-oriented business shall file with the Town Clerk an original and two copies of a sworn license application on the standard application form supplied by the Town Clerk.

(f)

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

(1)

The application fee and the first year's annual license fee.

(2)

If the applicant is an individual or a partnership, the individual or each partner shall state his or her legal name (and the name of the partnership and whether it is general or limited, along with a copy of the partnership agreement, if applicable and if any) and any aliases and shall submit satisfactory proof that he or she is 18 years of age or older or, if the adult-oriented business will have live adult entertainment, 21 years of age or older.

(3)

If the applicant is a corporation, 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 address of the registered office for service of process, if any.

(4)

If the applicant is a limited liability company, the company shall state its complete name; the date and place of its formation; 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 authorized to do business in Colorado; the name and address of its manager; and the name of the registered agent and address of the registered office for service of process, if any.

(5)

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, he or she must state the adult-oriented business' fictitious name.

(6)

Whether the applicant or any of the other individuals listed pursuant to Paragraph (2), (3) or (4) above have been convicted of a criminal act within the times set forth in Paragraph 16-17-100(10) of this Article and, if so, the criminal act involved, the date of conviction and the place of conviction.

(7)

Whether the applicant or any of the other individuals listed pursuant to Paragraph (2), (3) or (4) above has had a previous license under this Article or other similar sexually or adult-oriented business regulations from another town, city or county denied, suspended or revoked and, if so, the name and location of the adult-oriented business for which the license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(8)

Whether the applicant or any other individuals listed pursuant to Paragraph (2), (3) or (4) above holds any other permits and/or licenses under this Article or under a similar adult or sexually oriented business regulations from another city or county and, if so, the names and locations of such other permitted or licensed businesses.

(9)

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

(10)

Proof of the applicant's right to possession of the premises wherein the adult-oriented business will be located.

(11)

The applicant's mailing address, residential address, driver's license number, Social Security number and/or federally issued tax identification number.

(12)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The location and dimensions of any manager's station must be shown and must demonstrate 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 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 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 inches, showing the precise location of any adult-oriented materials or adult-oriented activities. The Town Council 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.

(13)

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 containing any adult-oriented business; (b) the property lines of any church, school, dwelling unit (single or multiple), public park or residential district or mixed use district within 1,500 feet of the property to be certified; and (c) the property lines and structures of any other adult-oriented business within 1,500 feet of the property. 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.

(14)

If a person who wishes to operate an adult-oriented business is an individual, he or she must sign the application for a permit as the applicant and must be photographed and fingerprinted by the County Sheriff's Department. 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 the applicant and must be photographed and fingerprinted by the County Sheriff's Department.

(15)

The Town Clerk shall not accept any application that is not complete in every detail. 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 refiled only when the omission or error has been remedied. For the purposes of this Article, the date the Town Clerk accepts an application that is complete in every detail shall be the date the application is filed with the Town Clerk.

(g)

In the event that the Town Clerk determines or learns at any time that the applicant has improperly completed the application for a proposed adult-oriented business license, 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, town or city permits and/or licenses does not exempt him or her from the requirement of obtaining an adult-oriented business license from the Town.

(Ord. No. 3.64(a), § 4, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

The applicant for an adult-oriented business license issued pursuant to this Article shall have a continuing duty to promptly supplement application information required 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 shall be grounds for suspension of a license.

(Ord. No. 3.64(a), § 5, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

Each applicant, in addition to any applicable license fee, shall pay a nonrefundable application fee as set forth on the Town's Fee Schedule at the time of filing an application.

(Ord. No. 3.64(a), § 6, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Upon receipt of an application for an adult-oriented business license properly filed with the Town and upon payment of the nonrefundable application fee, the Town shall immediately stamp the application as received and send photocopies of the application to the Town Planner, the County Sheriff's Department and the County Building Department. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed adult-oriented business in accordance with its responsibilities under law and as provided in this Article. The Town shall complete said investigation within 30 days of receipt of the application. 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 County Sheriff's Department shall only be required to provide the information specified in this Article 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 adult-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 Town Clerk.

(Ord. No. 3.64(a), § 7, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

The Town Council shall grant or deny an application for a license within 60 days from the date of its proper filing. Upon the expiration of the sixtieth day, the applicant shall be permitted to begin operating the business for which the license is sought, unless and until the Town Clerk notifies applicant of a denial of the application and states the reason for that denial.

(Ord. No. 3.64(a), § 8, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The Town Council shall grant the application unless one or more of the criteria set forth in Section 16-17-100 below are present.

(b)

The license, 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 adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it can be easily read at any time.

(Ord. No. 3.64(a), § 9, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

The Town Council shall deny the application and provide the applicant with notice of the denial and the reasons therefor for any of the following reasons:

(1)

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 an adult-oriented business.

(2)

An applicant has failed to provide information required by this Article for the issuance of the license or has falsely answered a question or request for information on the application form.

(3)

The premises to be used for the sexually oriented business have been disapproved by an inspecting agency pursuant to the provisions of this Article.

(4)

The application or license fees have not been paid.

(5)

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

(6)

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

(7)

The applicant has a license under this Article that has been suspended or revoked within the previous 12 months.

(8)

The individual applicant or director or officer of a corporation, partner of a partnership or manager of a limited liability company has had an adult-oriented business license revoked or suspended anywhere within the State within one year prior to the application.

(9)

The individual applicant, director or officer of a corporation, partner of a partnership or manager of a limited liability company has operated an adult-oriented business that was determined to be a public nuisance under state law or this Code within one year prior to the application.

(10)

An applicant has been convicted of a criminal act for which: (a) less than two 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 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 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 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 criminal act may qualify for an adult-oriented business license only when the time period required above has elapsed.

(Ord. No. 3.64(a), § 10, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Each license issued hereunder shall expire one year from the date of issuance and may be renewed only by making application as in an application made for establishment of an adult-oriented business (except that the requirement of a survey may be waived). Applications for renewal shall be made at least 60 days before the expiration of the license. If a renewal application is made fewer than 60 days before the expiration of the license, the expiration of the license will not be affected.

(b)

If, subsequent to denial of renewal, the Town Council finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least 90 days have elapsed since the date denial became final.

(Ord. No. 3.64(a), § 11, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

As appropriate, depending on the nature of the violation, the Town Council may suspend a license for a period not to exceed 60 days or revoke a license upon a finding of any of the following factors:

(1)

That the licensee or any employee thereof has violated or is not in compliance with any section of this Article.

(2)

That the licensee or any employee thereof has refused to allow an inspection of the adult-oriented business premises as authorized by this Article.

(3)

That the licensee or any employee thereof has operated the adult-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 Town Council shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period, the Town Council shall forthwith suspend the license and shall notify the licensee of the suspension.

(4)

That the licensee or any employee thereof has engaged in a license transfer contrary to this Article. In the event that the Town Council suspends a license on the grounds that a licensee engaged in a license transfer contrary to this Article, the Town Clerk shall forthwith notify the licensee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied.

(5)

That the licensee or any employee thereof has operated the adult-oriented business in violation of the hours of operation provisions of this Article.

(6)

That the licensee or any employee thereof has operated the licensed premises in such a manner 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 premises involving patrons, employees or the licensee.

(7)

That the licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a license.

(8)

The licensee 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.

(9)

The licensee or an employee has knowingly allowed prostitution or any act of sexual intercourse, sodomy, oral copulation or masturbation on the premises.

(10)

The licensee or an employee knowingly operated the adult-oriented business during a period of time when the licensee's permit was suspended.

(11)

On two or more occasions within a 12-month period, a person committed an offense, occurring in or on the licensed premises, including any outside areas, constituting any criminal act (not limited to those defined as criminal acts herein) for which a conviction has been obtained, and the person was an employee of the adult-oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the suspension or revocation of the license.

(12)

The licensee is delinquent in payment to the Town or State of any taxes or fees.

(13)

The licensee or an employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises.

(14)

The licensee has operated more than one adult-oriented business within the same building, structure or portion thereof.

(15)

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

(b)

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

(Ord. No. 3.64(a), § 12, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

A licensee shall not operate an adult-oriented business under the authority of a license at any place other than the address designated in the application for license.

(b)

A licensee shall not transfer his or her license to another person unless or until such other person satisfies the following requirements:

(1)

Obtains an amendment to the license from the Town Council which provides that he or she is now the licensee, which amendment may be obtained only if he or she has completed and properly filed an application with the Town Clerk, setting forth the information called for in Section 16-17-40 of this Article; and

(2)

Pays a transfer fee as set forth on the Town's Fee Schedule.

(c)

No license may be transferred when the Town has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.

(d)

A licensee shall not transfer his or her license to another location.

(e)

Any attempt to transfer a license either directly or indirectly in violation of this Section is hereby declared void.

(Ord. No. 3.64(a), § 13, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

After denial of an application, denial of a renewal of an application or suspension or revocation of a license, the applicant or licensee may seek C.R.C.P. Rule 106 judicial review of such administrative action in any court of competent jurisdiction.

(Ord. No. 3.64(a), § 14, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

A licensed manager or his or her designee shall be on the premises of an adult-oriented business at all times that adult entertainment is being provided. It is unlawful for any person to work as a manager of an adult-oriented business without first obtaining a license therefor.

(Ord. No. 3.64(a), § 15, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

It is unlawful, and a person commits a misdemeanor, if he or she works as a manager of an adult-oriented business without first obtaining a manager's license.

(Ord. No. 3.64(a), § 16, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

A manager shall submit an application for a manager's license on a form to be provided by the Town Clerk. The application shall contain the applicant's name, address, date of birth, phone number and the information required.

(b)

The Town Council shall grant the application within 41 days of its filing unless:

(1)

The applicant is under the age of 18 years or if the adult-oriented business will have live adult entertainment, under the age of 21 years of age.

(2)

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

(3)

The license fee has not been paid.

(4)

The applicant has been convicted of a criminal act within the times set forth in Paragraph 16-17-100(10).

(Ord. No. 3.64(a), § 17, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

An applicant or licensee shall permit representatives of the Building Department, the Health Department and the Fire Department to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

(b)

It is unlawful for a person who operates an adult-oriented business or his or her agent to refuse to permit such lawful inspection of the premises at any time that it is occupied or open for business.

(Ord. No. 3.64(a), § 18, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

A person who operates or causes to be operated an adult-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 Section.

(1)

The adult-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 Town Council.

(2)

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.

(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 rest rooms. Rest rooms may not contain video display equipment. If the premises have 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 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. 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 this Article.

(4)

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

(5)

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.

(6)

It is unlawful for any person having a duty under this Section to knowingly fail to fulfill that duty.

(Ord. No. 3.64(a), § 19, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

Except for those areas of an adult motel that are private rooms, and where not preempted by the laws governing the operation of establishments holding malt beverage or malt, vinous or spirituous beverage licenses pursuant to Article 46 or 47 of Title 12, C.R.S., it is unlawful for an adult-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.

(4)

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

(Ord. No. 3.64(a), § 20, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

It is unlawful for any person, including patrons, employees, agents, servants or independent contractors working on the premises, under the age of 21 years of age to be upon the premises of an adult-oriented business wherein live adult entertainment is offered. It is unlawful for any person, including patrons, employees, agents, servants or independent contractors working on the premises, under the age of 18 years of age to be upon the premises of any other adult-oriented business.

(b)

It is unlawful for the licensee or any employee of the licensee to allow anyone upon the premises of an adult-oriented business in violation of this Section.

(Ord. No. 3.64(a), § 21, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Excluding a private room of an adult motel, the interior portion of the premises of an adult-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 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. No. 3.64(a), § 22, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

No license shall be issued under this Article for any adult-oriented business within any zone district other than the Industrial District.

(b)

It is unlawful for a person to operate or cause to be operated an adult-oriented business outside of the Industrial District.

(c)

It is unlawful for a person to operate or cause to be operated any adult-oriented business within 1,500 feet of:

(1)

Any church;

(2)

Any school;

(3)

The boundary of any residential district;

(4)

A dwelling unit (single or multiple); or

(5)

A public park.

(d)

It is unlawful for a person to operate or cause to be operated any adult-oriented business within 1,500 feet of another adult-oriented business.

(e)

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

(Ord. No. 3.64(a), § 23, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

For purposes of this Article, distance between any two adult-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 adult-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 adult-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. No. 3.64(a), § 24, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

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

(b)

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

(Ord. No. 3.64(a), § 25, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

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 license. Entertainers shall perform only upon the stage. The stage shall be fixed, immovable and at least 18 inches above the immediate floor area. No seating for the audience shall be permitted within six feet of the edge of the stage or in front of a solid, one-quarter-inch-thick, uninterrupted, immovable physical barrier that completely separates the entertainer from any patrons. No member of the audience shall be permitted upon the stage or within three feet of the edge of the stage.

(Ord. No. 3.64(a), § 26, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(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 or semi-nudity. It is a defense to prosecution for a violation of this Section that an employee of an adult-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.

(c)

There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of food and drink prices.

(d)

No adult entertainment occurring on the premises shall be visible from outside the premises.

(e)

Any doors to public areas on the premises shall remain unlocked during business hours.

(Ord. No. 3.64(a), § 27, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

It is unlawful for any employee of an adult-oriented business to receive tips from patrons except as set forth in this Section.

(b)

A licensee desiring 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 adult-oriented business into the tip box.

(c)

An adult-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 one inch high to read as follows:

ADULT ENTERTAINMENT IS REGULATED BY THE TOWN OF LARKSPUR

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.

(d)

It is unlawful for the licensee or for any manager or employee to violate any of the requirements of this Section or to knowingly permit any patron to violate the requirements of this Section.

(Ord. No. 3.64(a), § 28, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

Nothing in this Article shall be construed to permit any act on the premises of a Type B adult-oriented business license in violation of Article 46 or 47 of Title 12, C.R.S.

(Ord. No. 3.64(a), § 29, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

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; 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. No. 3.64(a), § 30, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)

(a)

If any person fails or refuses to obey or comply with or violates any of the provisions of this Article, whether such provisions place an affirmative duty on such person or declare unlawful the performance of some act, such person, upon conviction of such offense, shall be punished as set forth in Section 1-4-20 of this Code.

(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 action 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. The Town shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

(Ord. No. 3.64(a), § 31, 8-21-1997; Ord. No. 3.118, § 1, 7-21-2016)