(A)

It shall be unlawful to operate or cause to be operated a sexually-oriented business outside of the "I-2" General Industrial District.

(B)

A sexually-oriented business shall not locate within the "I-2" General Industrial District within 1,000 feet of:

(1)

Any church;

(2)

Any public or private school;

(3)

Any residentially zoned property as the same is established by this Title;

(4)

A public park;

(5)

A licensed childcare facility or established day care business;

(6)

Any property, public or private, used for and equipped with facilities for recreation, especially by children. A playground may be incidental to school use, but is not limited to, school use or school facilities as defined herein;

(7)

Any building owned, leased or held by the United States of America, the State of Colorado, Montrose County, or the City of Montrose, any school district or other agency or political subdivision, which building is used for governmental purposes.

(C)

It shall be unlawful to operate or cause to be operated a sexually-oriented business within the "I-2" General Industrial District on any property within 500 feet of a Highway Corridor as that term is set forth in Section 11-8-8(A) of this Title.

(D)

It shall be unlawful to operate or to permit the operation, establishment, or maintenance of a sexually-oriented business within 100 feet of any other sexually-oriented business.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The 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, or in the case of a sexually-oriented business operating within a condominium estate or leasehold estate, from the closest airspace boundary of such condominium estate or from the closest wall of such leasehold estate.

(B)

The distance between any sexually-oriented business and any church, school, dwelling, public park, childcare facility playground, Highway Corridor or public building, as set forth above, shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the sexually-oriented business to the nearest property line of the premises of a church, school, dwelling, public park, childcare facility playground, Highway Corridor or public building, as set forth above. If the premises where the sexually-oriented business is conducted is comprised of a condominium estate or leasehold estate, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest airspace boundary of the condominium estate or the nearest wall of the leasehold estate 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, dwelling, public park, childcare facility playground, Highway Corridor or public building, as set forth above.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

All exterior windows in a sexually-oriented business shall be opaque to such an extent that interior objects viewed from outside shall be so obscure as to be unidentifiable. Exterior windows in sexually-oriented businesses shall not be used for any display or sign except for a sign that complies with the requirements of this Section.

(B)

All doors for ingress and egress to a sexually-oriented business, except emergency exits used only for emergency purposes, shall be located on the front of the sexually-oriented business. For the purposes of this Subsection, the front of a sexually-oriented business shall be deemed to be that facade of the building that faces the front lot line of the lot or parcel on which the business is located. Every sexually-oriented business shall have a foyer at every point of ingress or egress, except for emergency exits. In the case of a sexually-oriented business having more than one front lot line, the sexually-oriented business shall be oriented such that the front of the business faces away from the nearest of any of the land uses listed in Section 11-12-1(B).

(C)

The interior portion of the premises of a sexually-oriented business to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place (including peep booths) at an illumination of not less than five footcandles as measured at the floor level. It shall be the duty of the operator, manager 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.

(D)

Any adult cabaret or adult theater shall have one or more separate areas designated as a stage. Entertainers shall perform only upon a stage. The stage shall be fixed and immovable and located inside the building in which the adult use operates. No seating for the audience shall be permitted within three feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within three feet of the edge of the stage.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

No owner, operator, manager or employee mingling directly with the patrons of a sexually-oriented business, or serving food or drinks, shall be in a state of nudity.

(B)

No owner, operator, manager or employee shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle the genitals, pubic region, buttocks, anus or breasts of any person.

(C)

It shall be unlawful for any employee of a sexually-oriented business to receive tips from patrons except as set forth in Subsections (D) and (E) of this Section.

(D)

An owner, operator, manager or employee who 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.

(E)

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 bold letters at least one 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. No. 2626, § 3(exh. A), 5-16-2023)

It shall be unlawful for a sexually-oriented business to be open for business, or for the owner, operator, manager or any employee of a sexually-oriented business to allow patrons upon the premises during the following time periods:

(1)

On any Monday through Friday, other than January 1, from 12:00 midnight until 8:00 a.m.;

(2)

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

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Except for such employees as may be permitted by law, it shall be unlawful for any person under the age of 21 years to be upon the premises of a sexually-oriented business.

(B)

It shall be unlawful for the owner, operator, manager or any employee of the licensee to allow anyone under the age of 21 years, except for such employees or delivery persons as may be permitted by law, to be upon the premises of a sexually-oriented business.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

In addition to complying with all other sign regulations of this Title, a sexually-oriented business shall display a sign, clearly visible and legible at the entrance to the business, that gives notice of the adult nature of the sexually-oriented business and of the fact that the premises is off limits to minors or those under the age of 21 years, as the case may be. No sign for a sexually-oriented business shall contain flashing lights, words, lettering, photographs, silhouettes, drawings or pictorial representations that emphasize specified anatomical areas or specified sexual activities.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

It shall be unlawful for an owner, operator, manager or employee of a sexually-oriented business to violate any of the requirements of this Chapter, or knowingly to permit any patron to violate the requirements of this Chapter.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Prohibition of Adult Gaming Arcade Uses.

(1)

All uses constituting Adult Gaming Arcades, including without limitation Slot Machines, Gambling Devices and Simulated Gambling Device, as defined at Chapter 11-15 of this Title, are prohibited within the City.

(2)

Owning, leasing to, or operating a new establishment or relocating an existing establishment constituting an Adult Gaming Arcade in violation of this Title shall be a nuisance under Section 6-4-1 of the Official Code of the City of Montrose. A separate offense shall be deemed committed each day on which a violation of this Section continues. Any violation may be charged separately and punished as an unlawful act subject to the penalty in section 1-2-3 of the Official Code of the City of Montrose. The Montrose Municipal Court may impose consecutive sentences for multiple violations.

(Ord. No. 2626, § 3(exh. A), 5-16-2023; Ord. No. 2639, § 1, 9-19-2023; Ord. No. 2677, §§ 1(exh. A), 4, 12-17-2024)