The regulations of this Chapter are adopted in furtherance of all of the public purposes of municipal zoning and planning, including but not limited to guiding the appropriate use and development of the City in a manner which will promote the public health, safety, morals and general welfare, and to meet the needs of the citizens of the City while maintaining the quality and character of the City and deterring the growth and spread of blight and crime. It is recognized that there are some uses commonly known as adult or adult entertainment uses which, because of their very nature, are recognized to have serious objectionable operational characteristics, particularly when such uses are located near residential areas or other inappropriate locations, or without sufficient showing that uses in a specified location will comply with the conditions and standards for the location or operation of such uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to ensure that the adverse effects of such uses will not contribute to the blighting or downgrading of the City.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05)

The City Council hereby finds and determines that:

(1)

The establishment of adult uses in business district which are immediately adjacent to and which serve residential neighborhoods has a deleterious effect on both the business and residential segments of the neighborhood, causing or contributing to blight and a downgrading of property values.

(2)

The establishment of more than two adult uses within one thousand (1,000) feet of each other has a deleterious effect on surrounding residential and business areas, and the fostering of such businesses within a close proximity tends to create a "skid row" atmosphere.

(3)

The location of several adult uses in the same neighborhood tends to attract an undesirable quantity and quality of transients who adversely affect property values, causes an increase in crime and encourages residents and businesses to move elsewhere.

(4)

Concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons comprising residential and business segments of that neighborhood.

(5)

The regulations and limitations of adult uses within a B-4 business zone district and a BP business park zone district will avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of adult entertainment uses in a business district which is immediately adjacent to and which serves residential neighborhoods.

(6)

An increase in crime and associated social maladies tend to accompany, concentrate around and be aggravated by adult uses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, violence against persons and property, disorderly conduct and problems associated with the well-being of minors, such as juvenile delinquency.

(7)

Adverse secondary effects can be caused by even one (1) adult entertainment establishment in a neighborhood.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05)

Adult entertainment is entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, customarily not open to the public at large generally, but only to one (1) or more classes of the public excluding any minor by reason of age as a prevailing practice. Adult entertainment uses includes without limitation the following:

(1)

Adult bookstore or gift shop is an establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals or goods and items held for sale or lease which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or an establishment with a segment or section devoted to the sale or lease of such material.

(2)

Adult cabaret is any establishment open to the public in which persons appear in a state of nudity for the purposes of entertaining the patrons of such establishment. Adult cabaret shall not include any establishment licensed under Articles 3, 4, and 5 of Title 12, C.R.S. Adult cabaret shall not apply to the presentation, showing or performance of any play, drama or ballet in any theater, concert hall, museum of fine arts, school, institution of higher education or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(3)

Adult hotel or motel is a building with accommodations used for the temporary occupancy of one (1) or more individuals and is an establishment wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by the individuals therein.

(4)

Adult photo studio is an establishment which, upon payment of a fee, provides photographic equipment or models, or both, for the purpose of photographing specified anatomical areas or specified sexual activities, as defined herein.

(5)

Adult theater is a theater wherein a substantial and significant portion of the materials presented are distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

(6)

Specified anatomical areas is defined as:

a.

Less than completely and opaquely covered: (1) human genitals, pubic region, (2) buttocks or (3) female breast below a point above the top of the areola; or

b.

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

(7)

Specified sexual activities means patently offensive acts, exhibitions, representations, depictions or descriptions of:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

c.

Intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body;

d.

Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated; or

e.

Flagellation, mutilation or torture, actual or simulated, in a sexual context.

(8)

A person appears in a state of nudity when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the person's pubic hair, anus, cleft of the buttocks, vulva or genitals.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05; Ord. No. 9484 §16, 6-10-19)

(a)

No adult entertainment use shall be located within five hundred (500) feet of the exterior boundary of any residential zone district, religious institution, public or private school, child care center, public community center, park, fairgrounds, recreation center, publicly owned or maintained building opened for use to the general public. No adult entertainment use shall be located within an area designated as an urban renewal project area pursuant to Section 31-25-107, C.R.S.

(b)

No adult entertainment use shall be located within one thousand (1,000) feet of any other adult entertainment use, whether such adult entertainment use is within or without the City.

(c)

The method of measurement for the five-hundred-foot and one-thousand-foot restrictions shall be computed by direct measurement from the exterior boundary of the residential zone district or from the nearest property line of the property upon which a use described in Subsection (a) above or other adult entertainment use is conducted, to the nearest property line of the property whereon the building in which an adult entertainment use is to occur.

(d)

Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public, from pedestrian sidewalks or walkways, or from other areas, public or semipublic. The use of the name of the establishment or any of the following phrases:

(1)

"Adult bookstores,"

(2)

"Adult gift shop,"

(3)

"Adult hotel,"

(4)

"Adult motel,"

(5)

"Adult photo studio,"

(6)

"Adult theater," or

(7)

"Adult cabaret"

shall not constitute material depicting adult entertainment uses.

(e)

All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic areas; and for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05; Ord. No. 8933 §16, 11-23-15)

Except as restricted or limited by Section 17-11-4, adult entertainment uses shall be permitted according to Section 17-4-51 of this Title.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05; Ord. No. 8933 §17, 11-23-15)

Any adult entertainment use located within the prohibited distances or areas as herein set forth or in a zone district other than a B-4 zone district or a BP zone district, which use at such location was lawful before this Chapter was passed or amended, is deemed to be a nonconforming use. A nonconforming use, as defined herein, shall be neither increased, enlarged, expanded, extended nor altered.

(Ord. No. 5254, 9-23-85; Ord. No. 7428 §1, 12-27-05)

(a)

An adult cabaret may only be open between the hours of 2:00 p.m. and 12:00 midnight.

(b)

No person under eighteen (18) years of age shall be admitted into or be on the premises when the adult cabaret is open for business.

(Ord. No. 7428 §1, 12-27-05)

(a)

The enforcement and penalty provisions of Chapter 7 of this Title are applicable to this Chapter.

(b)

It shall be a Class 1 municipal offense for any person to violate any provision of this Chapter.

(Ord. No. 7428 §1, 12-27-05; Ord. No. 7937 §32, 12-8-08; Ord. No. 9610 §15, 11-25-19)