The purpose and intent of this Article is to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Town and to establish reasonable and uniform regulations to prevent the deleterious location and design of sexually oriented businesses within the Town, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this Article are not intended to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the intent of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Article to condone or legitimize the distribution of obscene material.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

Words and phrases used in this Article shall have the following meanings ascribed to them:

Adult arcade means any commercial establishment to which the public is permitted or invited where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image- or virtual reality-producing machines, for viewing by five (5) or fewer persons per machine at any one (1) time, are used regularly to show films, motion pictures, video cassettes, slides or other photographic, digital or electronic reproductions describing, simulating or depicting specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means a commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, however produced, that depict or describe specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment that features:

a.

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

b.

Live performances that are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.

Adult motel means a hotel, motel or similar commercial establishment that offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other media productions, however produced, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which commercial establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of media production.

Adult motion picture theater means a commercial establishment that is distinguished or characterized by the showing, for any form of consideration, of films, motion pictures, video cassettes, slides or similar photographic reproductions, on more than one hundred (100) days per year, that have an "X" rating or that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on exposure of specified anatomical areas or by specified sexual activities.

Employee means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

Establishment of a sexually oriented business means and includes any of the following:

a.

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

b.

The conversion of an existing business into a sexually oriented business;

c.

The addition of a different sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of a sexually oriented business.

Foyer means an architectural element of a building that consists of an entry hall or vestibule that is completely enclosed and contains one (1) door to provide access to areas outside of the building and a separate door to provide access to areas inside of the building.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a sexually oriented business license.

Licensing Officer means the Town Clerk or his or her designee.

Manager means an operator, other than a licensee, who is employed by a sexually 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 opaquely and fully to cover human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

Operator means and includes the owner, license holder, custodian, manager, operator or person in charge of any licensed premises.

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.

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

Premises or licensed premises means any premises that require a sexually oriented business license and that are classified as a sexually oriented business, including parking lots and sidewalks immediately adjacent to the structure containing the sexually oriented business.

Principal business purpose means as to any establishment, having as a substantial or significant portion of its stock in trade the items listed in Subparagraphs a. and b. of the definition of adult bookstore, adult novelty store or adult video store above and having on the premises at least thirty percent (30%) of the establishment's display space occupied by the display of the items described therein.

Principal owner means any person owning, directly or beneficially:

a.

Any membership or partnership interest in a limited liability company or limited liability partnership if such person has any legal control or authority over the management or operation of the entity; or

b.

In the case of any other legal entity, five percent (5%) or more of the ownership interests in the entity, except for shareholders, but including such shareholders who are corporate officers or directors or who otherwise have any legal control or authority over the management or operation of the entity.

Public park means an area of land owned by a governmental entity and intended to be used for recreational purposes, but not including any such land that contains no improvements and is intended only for open space purposes and not including any such land that is intended for use only for pathway purposes.

Semi-nude or semi-nudity means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breasts, as well as portions of the body covered by supporting straps or devices, which supporting straps or devices are used to support or enable the wearing of such clothing.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio or other commercial establishment that has, as a substantial or significant portion of its stock in trade the items listed in Subparagraphs a. and b. of the definition of adult bookstore, adult novelty store or adult video store and having on the premises at least thirty percent (30%) of the establishment's display space occupied by the display of the items described therein. A commercial establishment may have other principal business purposes that do not involve the depicting or describing of specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas. The term commercial establishment includes clubs, fraternal organizations, social organizations, civic organizations or other similar organizations with paid memberships. The definition of sexually 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 sexual therapy.

Specified anatomical areas, as used herein, means and includes any of the following:

a.

Human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, that are not completely and opaquely covered; or

b.

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

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

Specified sexual activities means and includes any of the following:

a.

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

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal or tumescence; or

e.

Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs a. through d. of this definition.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a.

The sale, lease or sublease of the business;

b.

The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means; or

c.

The establishment of a trust, management arrangement, gift or other similar legal device that transfers ownership or control of the business, including a transfer by bequest or operation of law.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

(a)

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 (5.0) 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. 632 §1, 2007; Ord. 648 §4, 2008)

(a)

It shall be unlawful to operate or cause to be operated a sexually oriented business outside of the industrial zone.

(b)

It shall be unlawful to operate or cause to be operated a sexually oriented business within the industrial zone within two hundred (200) feet of:

(1)

Any church.

(2)

Any school meeting all requirements of the compulsory education laws of the State.

(3)

An existing dwelling.

(4)

A public park.

(5)

A licensed child care facility.

(c)

It shall be unlawful to cause or permit the operation, establishment or maintenance of a sexually oriented business within one hundred (100) feet of any other sexually oriented business.

(d)

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 Section 16-303 of this Article.

(e)

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 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 (1) 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 Subsection (b) above.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

(a)

The distance between any two (2) 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 or child care facility 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 or child care facility. If the premises where the sexually oriented business is conducted are 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 or child care facility.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

Any adult cabaret or adult theater shall have one (1) or more separate areas designated as a stage in the diagram submitted as part of the application for the sexually oriented 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 (3) feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within three (3) feet of the edge of the stage.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

(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 intoxication. It is a defense to any prosecution for a violation of this Subsection that an employee of a sexually oriented 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 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)

Any physical contact between a patron and employees is strictly prohibited.

(d)

Commission of any specified sexual activity or any specified criminal act as defined in this Article, as well as permitting the commission of such acts and activities, is strictly prohibited.

(e)

Display of specified anatomical areas, as defined in this Article, as well as permitting the display of such areas, is strictly prohibited.

(Ord. 632 §1, 2007; Ord. 634 §1, 2007; Ord. 648 §4, 2008)

It shall be unlawful for a licensee, manager or employee to violate any of the requirements of this Chapter or knowingly to permit any patron to violate the requirements of this Article.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

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 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 (3) days in advance of the class; and where no more than one (1) nude model is on the premises at any one (1) time.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

It shall be unlawful for any person to operate or cause to be operated a sexually oriented business with peep booths.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

It shall be unlawful for a sexually oriented business to be open for business or for the licensee, manager or any employee of a licensee to allow patrons upon the licensed premises from 2:00 a.m. to 8:00 a.m.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

(a)

Except for such employees as may be permitted by law, it shall be unlawful for any person under the age of twenty-one (21) years to be upon the premises of a sexually oriented business that operates pursuant to a type A sexually oriented business license. It shall be unlawful for any person under the age of eighteen (18) years to be upon the premises of a sexually oriented business.

(b)

It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of twenty-one (21) years, except for such employees as may be permitted by law, to be upon the premises of a sexually oriented business operated pursuant to a type A sexually oriented business license. It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of eighteen (18) years upon the premises of a sexually oriented business.

(Ord. 632 §1, 2007; Ord. 648 §4, 2008)

In addition to complying with all other sign regulations of this Code, 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 twenty-one (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. 632 §1, 2007; Ord. 648 §4, 2008)