It is the purpose and object of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined herein, and the consequent secondary effects created by the concentration of adult entertainment businesses within the Town of Silt, and to promote the health, safety, morals, and general welfare of the citizens of the town. It is neither the intention of the board nor the effect of the provisions of this chapter to limit or restrict the content of any communicative materials, including sexually oriented materials. Neither is it the intent of the board nor the effect of these provisions to limit any adult's access to sexually oriented materials nor to prevent any distributor or exhibitor of sexually oriented materials from distributing such materials to consenting adults. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.

(Ord. 26-03 § 1 (part))

Definitions relevant to this Chapter 17.74 et seq. are incorporated herein as follows:

A.

"Adult entertainment business" means adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult novelty store, adult theater, adult video store, massage parlor, nude model studio, peep booth, or sexual encounter establishment, as defined herein. Each of these individual enterprises shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment.

B.

"Adult arcade" means any establishment to which the public is permitted or invited, for any form of consideration, wherein still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

C.

"Adult bookstore" means an establishment having as a substantial and significant portion of its stock and trade, revenues, space, or advertising budget, resulting from the sale, rental, or viewing of one or more of the following: books, magazines, periodicals, or other printed matters that depict or describe "specified sexual activities" or "specified anatomical areas."

D.

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment, whether alcoholic beverages are served or not, that regularly features:

1.

Live performances that are characterized by the depiction of "specified sexual activities" or the exposure of "specified anatomical areas"; or

2.

Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

E.

"Adult motel" means a hotel, motel, or similar establishment that offers public accommodations for any form of consideration and provides patrons live performances characterized by the exposure of "specified anatomical areas," or with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic or electronic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," or that offers a sleeping room for rent for a period of time less than ten hours.

F.

"Adult motion picture theater" means an establishment where films, motion pictures, video cassettes, slides, or similar photographic or electronic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."

G.

"Adult novelty store" means an establishment having as a substantial and significant portion of its stock and trade, revenues, space, or advertising budget, resulting from the sale of one or more of the following: instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

H.

"Adult theater" means a theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

I.

"Adult video store" means an establishment having as a substantial and significant portion of its stock and trade, revenues, space, or advertising budget, resulting from the sale, rental, or viewing of one or more of the following: photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas."

J.

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

K.

"Establishment" means, as used in this Chapter 17.74, the "establishment" of an adult entertainment business shall mean and include any of the following:

1.

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

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; or

3.

The relocation of any such business.

L.

"Foyer" means an architectural element of a building that consists of an entry hall or vestibule that is completely enclosed and contains one door to provide access to areas outside of the building and a separate door to provide access to areas inside of the building.

M.

"Manager" means an individual, other than an operator, who is employed by an adult entertainment business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

N.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state of Colorado.

O.

"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 similarity depicted by other persons.

P.

"Operator" means an owner, license holder, custodian, or other person in charge of any licensed adult entertainment business.

Q.

"Peep booth" means a room, semi-enclosure or other similar area located within a licensed premises wherein a person may view representations of "specified anatomical areas" or "specified sexual activities."

R.

"Person" means an individual, proprietorship, partnership, corporation, limited liability company, association, or other legal entity.

S.

"Public park" means a park, playground, swimming pool, reservoir, golf course or similar athletic field within the Town of Silt that is under the control, operation or management of the Town of Silt public works department.

T.

"Religious institution" means a building that is used primarily for religious worship and related religious activities.

U.

"School" means an institution of learning for minors, whether public or private, that offers instruction in those courses of study required by the Colorado Education Statutes or that is maintained pursuant to standards set by the Colorado Department of Education. This definition includes nursery schools, preschools, kindergartens, elementary schools, junior high schools, middle schools, senior high schools, or any special institution of learning under the jurisdiction of the Colorado Department of Education, but does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

V.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, that, for any form of consideration, provides a place where two or more persons may congregate or associate in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or other professional practitioner licensed by the state of Colorado engages in sexual therapy.

W.

"Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic hair, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas, or human male genitals in a discernibly turgid state, whether or not completely or opaquely covered.

X.

"Specified criminal acts" means sexual crimes against children, sexual abuse, sexual assault, or crimes connected with another adult entertainment business including, but not limited to, distribution of obscenity, prostitution, or pandering.

Y.

"Specified sexual activities" means as used in Chapter 17.74 et seq., "specified sexual activities" shall mean and include any of the following:

1.

The fondling or other erotic touching of human genitals, pubic hair, 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; or

4.

Excretory functions as part of or in connection with any of the activities set forth in subsections (Y)(1) through (Y)(3) of this section.

Z.

"Substantial enlargement," as used in Chapter 17.74 et seq., the "substantial enlargement" of an adult entertainment business shall mean an increase by fifty percent or more of the total square footage occupied by an adult entertainment business that exists upon the effective date of this section.

AA.

"Transfer of ownership or control" as used in Chapter 17.74 et seq., "transfer of ownership or control" of an adult entertainment business shall mean any of the following:

1.

The sale, lease or sublease of any such business;

2.

The transfer of securities in any such business that, by their transfer, constitute a controlling interest in such business, whether by sale, exchange, or any other means; or

3.

The establishment of a trust, gift, or similar legal device that transfers ownership or control of such business, except by transfer by bequest or other operation of law upon the death of the person owning or controlling such business.

(Ord. 26-03 § 1 (part))

A.

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult entertainment business within five hundred feet of a religious institution, existing dwelling, school, state-licensed day care facility, public library, or public park, or within one thousand feet of another adult entertainment business within the Town of Silt. Furthermore, no person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult entertainment business within two hundred feet of any arterial or interstate highway.

B.

Measurement of Distance. The distance limitations in subsection A of this section shall be measured in a straight line, without regard to intervening structures, from the nearest structural wall of any adult entertainment business to the lot lines of any institutions set forth in subsection A of this section or to the nearest boundary of any arterial or interstate highway, which shall include any off-ramp or on-ramp to said arterial or interstate highway.

C.

No person shall cause or permit the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof, or the increase of floor area of any adult entertainment business in any building, structure or portion thereof containing another adult entertainment business.

D.

Exceptions. A person possessing ownership or control of an adult entertainment business shall be permitted to transfer such ownership or control if such business is not within five hundred feet of any religious institution, existing dwelling, school, state-licensed day care facility, public library, or public park and the only other adult entertainment business or businesses within one thousand feet of such business have been established tinder a variance from the requirements of this section, pursuant to the variance provisions set forth in Section 17.84.100 of this code. This exception shall not, however, apply to an adult entertainment business that has been established tinder such a variance.

E.

All doors for ingress and egress to an adult entertainment business, except for emergency exits, shall be located on the front of the adult entertainment business. For purposes of this subsection, the front of the adult entertainment business shall be the facade of the building that faces the front lot line of the lot or parcel on which the building is located. In the case of an adult entertainment business that has more than one front lot line, such business shall be oriented in such a way that the front of the business faces away from the nearest of any of the land uses set forth in subsection A of this section.

F.

For purposes of this section, to the extent that an adult entertainment business is located in only a portion of square footage space of an existing building structure and does not have a door that exits directly to the outdoors, but rather exits to an interior hallway, stairway or other such internal building structure, the front of the adult entertainment business shall be the wall of the business that faces the internal building structure abutting the main entrance or exit to such business.

G.

Every adult entertainment business shall have a foyer at every point of ingress or egress, except for emergency exits.

H.

No merchandise or pictures of the products or entertainment provided on the premises shall be displayed in or visible froth any area that can be viewed from the exterior of the building or premises.

I.

Window areas within two feet of the main public entrance shall not be covered or made opaque in any way. No signs may be placed in any window, except that a sign measuring no greater than one square foot may be placed on the main public entrance to state hours of operation and a sign complying with the requirements of Section 17.74.050(A)(3).

J.

All exterior windows of an adult entertainment business not included in the designation set forth in subsection I of this section shall be opaque to such an extent that the interior, including any objects therein, shall be so obscure as to be unidentifiable.

(Ord. 26-03 § 1 (part))

A.

Any adult entertainment business lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of Section 17.74.030 will be permitted to continue for a period of six months from the effective date hereof.

B.

Upon application made by the owner of an adult entertainment business within four months of the effective date of this ordinance, and notwithstanding the provisions of subsection A of this section, the town administrator may, after a hearing to be held within thirty days of the application, grant an extension of time during which an adult entertainment business in violation of Section 17.74.030 will be permitted to continue upon a showing, by competent evidence, that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. At the hearing, the town administrator shall hear such statements and consider such evidence as the town attorney, the owner, occupant, lessee, or other party in interest, or any other witness shall offer that is relevant to the issue of whether the owner of the business has had a reasonable time to recover the initial financial investment in the business. The town administrator shall make findings of fact, from the statements and evidence offered, as to whether the owner of the business has had a reasonable time to recover the initial financial investment in the business. If the town administrator grants an extension of time during which an adult entertainment business in violation of Section 17.74.030 will be permitted to continue, he or she shall issue an order to that effect that states exactly the period of the extension. A copy of the order shall be mailed to or served on the owner within thirty days of the hearing. No extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. An adult entertainment business in violation of Section 17.74.030 may continue during such extended period unless the business is sooner terminated for any reason, or voluntarily discontinued for a period of thirty days or more. Such business shall not be enlarged, extended, or altered except that the business may be brought into compliance with Chapter 17.74.

C.

An adult entertainment business that, at the time it received its adult entertainment business license, was in compliance with the location requirements of Section 17.74.030 does not violate that section if, when the adult entertainment business applies to renew its valid adult entertainment business license, a religious institution, existing dwelling, school, state-licensed day care facility, public library, or public park is now located within five hundred feet of the adult entertainment business. This provision applies only to the renewal of a valid adult entertainment business license that is submitted as a result of the previous adult entertainment business license at the same location expiring or being revoked.

(Ord. 26-03 § 1 (part))

All signage for adult entertainment businesses shall comply with the following sign requirements:

A.

All signs shall be flat wall signs.

B.

The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street.

C.

An adult entertainment business shall display a sign, clearly visible and legible at the entrance to the business, that gives notice of the adult nature of the adult entertainment business and of the fact that the premises is off limits to minors or those under the age of twenty-one years, as the case may be.

D.

No sign for an adult entertainment business shall contain flashing lights, words, lettering, photographs, silhouettes, drawings or pictorial representations that emphasize the specified anatomical areas or specified sexual activities.

(Ord. 26-03 § 1 (part))

Hours of Operation. It shall be unlawful for an adult entertainment business to be open for business or for any operator, manager, or employee to allow a patron upon the premises on any day of the week from two a.m. to seven a.m.

(Ord. 26-03 § 1 (part))

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 adult entertainment business license. 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. 26-03 § 1 (part))

A.

No licensee, manager, operator, or employee mingling with the patrons of an adult entertainment business, or serving food or drinks, shall be in a state of nudity. It is a defense to any prosecution for a violation of this subsection that an employee of an adult entertainment business exposed any specified anatomical area only during the employee's bona fide use of a restroom or during the employee's bona fide use of a dressing room that is accessible only to employees.

B.

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

C.

It shall be unlawful for an adult entertainment business or for the licensee, operator, manager, or employee of a licensee under Chapter 5.28 et seq., regardless of whether a license has been issued for said business under Chapter 5.28 et seq., to knowingly allow any patron upon the premises to engage in a specified sexual activity while on said premises. It shall also be unlawful for any licensee, operator, manager, or employee of an adult entertainment business, regardless of whether a license has been issued to said business under Chapter 5.28 et.seq., to engage in a specified sexual activity while on the premises of said adult entertainment business. This subsection shall not apply to those areas of an adult motel that are private rooms.

(Ord. 26-03 § 1 (part))

A.

It shall be unlawful for any employee of an adult entertainment business to receive tips from patrons except as set forth in subsection B of this section.

B.

A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the adult entertainment business into the tip box.

C.

An adult entertainment 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 any employee is strictly prohibited."

(Ord. 26-03 § 1 (part))

A.

It shall be unlawful for a licensee, manager, operator, or employee to violate, or knowingly to permit any patron to violate, any of the requirements of Chapter 17.74 et seq. or Chapter 5.28 et seq.

B.

Any adult entertainment business that engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, repeated violations shall mean three or more violations of any provision set forth herein within one year dating from the time of a new violation, and a continuing violation shall mean a violation of any prevision set forth herein lasting for three or more consecutive days.

C.

Notwithstanding any other remedies at law or equity, the town attorney may bring an action in the District Court for Garfield County for an injunction against the operation of an adult entertainment establishment in a manner that violates any of the provisions set forth herein.

(Ord. 26-03 § 1 (part))

The provisions of Chapter 17.74 et seq. regulating nude model studios do not apply to:

A.

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

B.

A private college or university that 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 that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three days in advance of the class; and where no more than one nude model is on the premises at any one time.

(Ord. 26-03 § 1 (part))

It shall be unlawful for a person who operates or causes to be operated an adult entertainment business with peep booths to violate the following requirements of this section:

A.

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. The interior of the premises shall be configured in such a manner that such employee shall be clearly visible from every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the employee from at least one of the manager's stations from each area of the premises to which any patron is permitted access for any purpose. The view required in this subsection must be by direct line of sight from the manager's station. The view area shall remain unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 5.28.050.

B.

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 display equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subjection must be by direct line of sight from the manager's station. The view area shall remain unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 5.28.050.

C.

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

D.

No door, two-way mirror, screen, opaque covering 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.

(Ord. 26-03 § 1 (part))

A.

Except for such employees as may be permitted by law, it shall be unlawful for any person under the age of twenty-one years to be upon the premises of an adult entertainment business that operates pursuant to a type A adult entertainment business license. It shall be unlawful for any person under the age of eighteen years to be upon the premises of an adult entertainment business that operates pursuant to a type B adult entertainment business license.

B.

It shall be unlawful for the licensee, operator, manager, or any employee of the licensee to allow anyone under the age of twenty-one years, except for such employees as may be permitted by law, to be upon the premises of an adult entertainment business operated pursuant to a type A adult entertainment business license. It shall be unlawful for the licensee, operator, manager, or any employee of the licensee to allow anyone under the age of eighteen years to be upon the premises of an adult entertainment business operated pursuant to a type B adult entertainment business license.

(Ord. 26-03 § 1 (part))