The purpose of this article is to allow and regulate the sale and vending of prepackaged ice cream or frozen desserts from a motor vehicle on public streets or sidewalks.

(Ord. No. 2432, § 1, 8-26-96)

As used in this article, the following words, terms and phrases shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means an individual, corporation, partnership, limited partnership, limited liability company or any organization applying for issuance of a license.

Chief of police means the chief of police, or designee, of the City of Thornton Police Department, State of Colorado.

Ice cream truck means any vehicle in which prepackaged ice cream, popsicles or frozen desserts of any kind are carried for purposes of retail sale on the city streets.

License means the authority under this article to operate and vend from an ice cream truck.

Licensee means a person who operates an ice cream truck for vending purposes and who has been issued a license under this article.

Vend or vending means the business of offering prepackaged ice cream, popsicles or frozen desserts for sale from an ice cream truck on the city streets.

(Ord. No. 2432, § 1, 8-26-96)

Editor's note— Ord. No. 2953, § 7, adopted August 8, 2006, repealed § 42-603, which pertained to amplified sound and derived from Ord. No. 2432, § 1, adopted August 26, 1996; Ord. No. 2550, § 9, adopted July 12, 1999.

Every person vending or operating an ice cream truck shall:

(1)

Obey all traffic laws;

(2)

Deliver products to customers only when the truck is lawfully stopped and the vehicle's hazard lights are in operation;

(3)

Comply with all applicable health and sanitation statutes, rules, regulations, ordinances or other laws;

(4)

Vend only from the side of the truck away from moving traffic and as near as possible to the curb or the side of the street;

(5)

Not vend to anyone standing in the roadway;

(6)

Not back-up any ice cream truck to make or attempt to make a sale;

(7)

Not vend before 10:00 a.m. or after 8:00 p.m.;

(8)

Vend only on residential streets;

(9)

Not drive an ice cream truck above 15 miles per hour while vending;

(10)

Not allow any person to hang on the vehicle or allow any person to ride in or on the vehicle, except a bona fide assistant or assistants.

(Ord. No. 2432, § 1, 8-26-96)

It is unlawful for any person to engage in the business of vending prepackaged ice cream or other types of frozen desserts from a motor vehicle in the City of Thornton without first obtaining an annually renewable license from the office of the city clerk for each ice cream truck business owned and operated by such person according to the provisions of this article. The fee for each license shall be as established from time to time by resolution of the city council, which license fee shall include the cost for investigation of one driver for each license issued. An additional investigation fee shall also be established, by resolution of city council, to cover the costs of investigating each additional driver authorized to operate any ice cream truck under the license issued. The licenses shall be valid from March 1 through August 31 of any calendar year. Each ice cream truck shall be issued a decal as evidence of licensing. A copy of the license must be in each ice cream truck available to display upon request of any official of the city, and the decal must be placed on the lower left hand portion of the ice cream truck's windshield, from the driver's perspective, for each ice cream truck.

(Ord. No. 2432, § 1, 8-26-96; Ord. No. 2493, § 1, 1-26-98)

Each holder of a license hereunder shall at all times maintain liability insurance in amounts not less than required by the city and evidenced by a certificate, signed by an agent of an insurance carrier authorized to conduct business in Colorado. Such certificate shall verify insurance status and set forth the limits of each policy, policy number and insurer, the effective and expiration date of each policy, and a copy of an endorsement placed on the submitted policy requiring ten days' notice by mail to the city prior to policy cancellation for any reason.

(Ord. No. 2432, § 1, 8-26-96)

(a)

No license shall be issued pursuant to the provisions of this article unless the applicant submits to the city clerk the following:

(1)

At least 30 days prior to the commencement of operations a completed application, signed under oath as to the truthfulness of its contents, on a form prepared by the city clerk. The application form shall include, but not be limited to:

a.

Name, date of birth, address and social security number of the applicant;

b.

Name, age, social security number and date of birth of any individual who is employed as a driver for the business.

(2)

The annual license fee and any investigation fee(s) required.

(3)

Evidence of a current driver's license for the applicant and any individual who will be employed as a driver.

(4)

A cash deposit of $200.00 shall be required annually for anticipated sales taxes. These funds shall be retained by the city until a sales tax return is submitted by the licensee. If the deposit amount is in excess of the sales tax due, such excess shall be returned to the applicant within 20 days. In the event additional sales taxes are due and owing after a sales tax return is filed, the city may pursue such other action as is appropriate for the collection of such additional sales taxes due and owing. If no sales tax return is filed by the applicant for a period of 20 days after the close of business for the season, the deposit is forfeited by the licensee.

(5)

Amended application. The applicant shall file with the city clerk an amended application statement within ten days of the occurrence of any event which would constitute a change in the information submitted in the original application or any renewal thereof. In addition, the applicant may file an amended application within the same time period upon notification of any disqualifying or potentially disqualifying information as a result of the police department's investigation concerning an application or renewal.

(6)

Renewals. Renewals of this license shall meet the criteria of a new license.

(7)

Application following suspension or revocation of license. Licenses suspended hereunder upon the expiration of the suspension period shall be automatically reinstated if any time remains in the term of the license.

(b)

Any initial or amended application or application for renewal shall be filed in duplicate with the city clerk. One copy shall be referred to the chief of police for investigation and one copy retained by the city clerk.

(1)

Upon submission of the application, the chief of police shall cause an investigation to be conducted, as may be required, to obtain, confirm and verify information deemed necessary and appropriate in the decision to grant or deny the license, or to constitute cause for its nonrenewal, suspension or revocation as herein provided, including the moral character of the applicant and any employee of the business. Factors to be considered in determining moral character shall include but not be limited to:

a.

The prior conviction in any jurisdiction of a felony, or of a crime which, if committed in Colorado, would constitute a felony;

b.

Conviction of any criminal offense involving sexual crimes committed against children or involving the exploitation of children through pornographic or obscene materials;

c.

Suspension of the applicant's or an employee's driver's license for any reason in the last five years.

(2)

The chief of police shall complete the investigation within 15 business days of the filing of any application hereunder; however, the chief of police may obtain upon written request, filed with the city clerk and a copy furnished to the applicant, an extension for additional time not exceeding 30 business days, if reasonably required to complete the investigation.

(Ord. No. 2432, § 1, 8-26-96; Ord. No. 2493, § 2, 1-26-98)

(a)

No license shall be issued or renewed until the requirements of Section 42-607 have been met and the applicant is approved by the chief of police. Issuance or denial of a license shall occur within ten business days from the date of completion of the investigation by the chief of police unless an amended application is submitted, in which case a decision to issue or deny shall be made within 15 business days from the date the amended application is received.

(b)

The city clerk shall not issue or renew the license required by this article upon the return of the investigation report of the chief of police if a finding is made that:

(1)

Any employee is under the age of 18 years;

(2)

The application contains any materially false statement;

(3)

The applicant or any individual who is employed as a driver as set forth in the application are not of good moral character;

(4)

The applicant or any individual who is employed as a driver does not have a current driver's license.

(Ord. No. 2432, § 1, 8-26-96; Ord. No. 2493, § 3, 1-26-98)

(a)

In the event that the city clerk denies issuance of a license or denies a request for a renewal of a license hereunder, the city clerk shall provide the applicant with written notice of such denial, which notice shall contain a copy of the investigation report or reports setting forth the basis of disqualification.

(b)

In the event that the applicant wishes to appeal the city clerk's decision to deny the issuance of the license, the procedures set forth in Section 42-611 shall be followed. The licensee may file with the city clerk, along with a copy to the city attorney, a written notice of appeal of the notice of denial or nonrenewal within the ten days following the date of the notice of denial or nonrenewal, stating with particularity the basis of appeal.

(Ord. No. 2432, § 1, 8-26-96)

(a)

The city clerk shall revoke any license issued pursuant to this article, though otherwise eligible for such issuance pursuant to Section 42-607 or Section 42-608, upon the written finding of one or more of the following made by the chief of police:

(1)

The licensee or any individual employed as a driver has been convicted or pled guilty or no contest to a felony, or a crime which, if committed in Colorado, would constitute a felony.

(2)

The licensee or any individual employed as a driver has been convicted of or pled guilty or no contest to a sexual crime committed against children or involving the exploitation of children through pornographic or obscene materials.

(3)

The licensee's driver's license or the driver's license of any individual employed as a driver has been suspended for any reason in the last five years.

(4)

The application contains any materially false statement.

(5)

The licensee has operated in violation of Section 42-603 or 42-604.

(b)

The city clerk shall mail the notice of revocation setting forth the grounds for such revocation and issued pursuant to this section to the address of the licensee. No such order of revocation shall become effective until the expiration of ten days following the date of such notice or the final disposition of any appeal, if filed hereunder. The licensee may file with the city clerk, along with a copy to the city attorney, a written notice of appeal of the notice of revocation and the applicable appeal fee within the ten days following the date of the notice of revocation, stating with particularity the basis of appeal.

(c)

Any revocation issued hereunder shall be effective for a period of 12 months following the effective date thereof.

(Ord. No. 2432, § 1, 8-26-96)

(a)

Upon receipt of an appeal by the city clerk for either denial or revocation as set forth pursuant to Section 42-609(b) based on a denial to issue a license, or Section 42-610(b) based on revocation of license, the city manager shall designate a hearing officer to hear and determine the issues presented. The hearing officer, based on the standards of this article, may:

(1)

Sustain or reverse the decision of the city to deny issuance, reissuance or reinstatement of a license hereunder;

(2)

Sustain, modify or reverse the revocation of a license. In the event that the hearing officer finds that cause for revocation as set forth at Section 42-610 has been established, however, mitigating circumstances are found, the hearing officer may, in lieu of revocation:

a.

Order the license suspended for a period not exceeding 90 days;

b.

Impose reasonable conditions on the license, or any renewal thereof, to secure compliance with the standards of this article.

(b)

Mitigating factors which may be considered shall be:

(1)

The absence of any prior violations of this article;

(2)

That the violation was not willful and that appropriate steps have been taken to avoid recurrence;

(3)

That the violation of the ordinance did not involve a violation of criminal laws of the state or ordinances of the city, and that no serious personal injuries or damages to property have resulted from such violation.

(c)

Any appeal presented pursuant to this article shall be conducted in conformance with standards of procedural due process applicable to administrative hearings, including the right to present testimony and to confront witnesses.

(d)

The hearing officer shall apply the standard for review whether the city, through the order of revocation, abused its discretion, acted arbitrarily or acted in excess of its authority hereunder. Additionally, the appellant shall have the burden to show by a preponderance of the evidence why the revocation or denial of license, or renewal thereof, was improper under the above standard. It shall also be the burden of the licensee to establish mitigation in contesting any order of revocation.

(e)

The hearing officer shall conduct the hearing within 20 days of the filing of the notice of appeal and shall enter written findings of fact and conclusions of law within ten days of the hearing date.

(Ord. No. 2432, § 1, 8-26-96)

(a)

Any person who shall violate any of the provisions of this article, including failure to comply with the terms and conditions of the license, shall, upon conviction, be subject to penalties in accordance with Section 1-8(b).

(b)

In addition to the administrative remedies and penalties set forth in this article, the city attorney shall be authorized to initiate an action before any court of competent jurisdiction to seek any appropriate remedy available to secure compliance with this article, including injunctive relief, and to secure costs and damages sustained by the city in enforcing this article.

(Ord. No. 2432, § 1, 8-26-96; Ord. No. 3266, § 10, 9-24-13)

Nothing in this article shall create any duty to any person, firm, or corporation with regard to the enforcement or nonenforcement of the article. No person, firm, or corporation shall have any civil liability remedy against the city, its officers, employees, or agents, for any damages arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this article, and nothing in this article shall be construed to create any liability or to waive any immunities, limitations on liability, or other provisions of the Governmental Immunity Act, § 24-10-101 et seq., C.R.S., or to waive any immunities or limitations on liability otherwise available.

(Ord. No. 2432, § 1, 8-26-96)

The purpose of this article is to establish operating requirements for mobile food trucks.

(Ord. No. 3594, § 2, 8-24-21)

As used in this article:

Mobile food truck means a motorized or towed wheeled vehicle that is designed, equipped and used to prepare, or serve, and sell food at a transitory or static location, and is not situated in a permanent structure as an accessory to a business located in the structure for purposes of primarily serving patrons of the business. The term does not include ice cream trucks as defined in Section 42-602, nor does the term constitute a use requiring a temporary use permit pursuant to chapter 18, article IV, division 11;

Person means any individual, firm, company, partnership, corporation, limited liability company, organization or other entity;

Vend means to sell or offer food or beverages to customers from a mobile food truck.

(Ord. No. 3594, § 2, 8-24-21)

Every person shall do the following in operating a mobile food truck:

(1)

Possess a sales and use tax business license issued by the city treasurer;

(2)

Operate a mobile food truck that has passed an inspection performed by the Thornton Fire Department;

(3)

Possess a retail food license to operate a mobile food truck issued by the Local Health Department;

(4)

Comply with all applicable health and sanitation statutes, rules, regulations, ordinances and other laws;

(5)

Obey all traffic and parking laws and regulations, including, but not limited to, the following:

a.

Vend only on collector and local streets in areas where on-street parking is permitted and in such manner that the flow of traffic is not impeded;

b.

Do not park a mobile food truck in a manner that obstructs the visibility of motorists as provided in Section 18-567 or parking lot, pedestrian or vehicular circulation, blocks access to a public street, alley, path or sidewalk, emergency service access, site ingress or egress or ADA accessible route, or creates an unreasonable risk of harm to people or property;

c.

Do not park a mobile food truck in a manner that obstructs the visibility of motorists as provided in Chapter 18, Article VI, Division 6 or parking lot, pedestrian or vehicular circulation, blocks access to a public street, alley, path or sidewalk, emergency service access, site ingress or egress or ADA accessible route, or creates an unreasonable risk of harm to people or property;

d.

Park a mobile food truck entirely on paved or all-weather surfaces.

(6)

Vend only from the side of the mobile food truck away from moving traffic and as near as possible to the curb or side of the street;

(7)

Vend at least 150 feet from a restaurant, while the restaurant is open for business, as measured from the public entrance of the restaurant to the closest point of the mobile food truck, unless the permission of all restaurants within the 150 foot setback has been obtained;

(8)

Vend in a city park or open space, or any other city property as defined in Section 70-4, only with the written approval of, and subject to any conditions set by, the city manager or designee;

(9)

Vend on property owned or controlled by another governmental entity only with, and subject to the terms of, the permission of the governmental entity;

(10)

Subject to subsection (7) of this section, vend on private property only with, and subject to the terms of, the permission of the owner or person in control of the property;

(11)

Vend only between 7:30 a.m. and 10:00 p.m.;

(12)

Vend only non-alcoholic beverages;

(13)

Store trash, refuse and recyclables in clearly marked receptacles and empty them on a daily basis, and do not cause any liquid wastes, except clean ice melt, to be discharged from the mobile food truck;

(14)

Comply with the city code's provisions concerning noise and sound;

(15)

Comply with the sign regulations set forth in Chapter 18, Article XI and Chapter 70, Article I of the City Code;

(16)

Do not set up any structures, canopies, tables or chairs for purposes of food or beverage consumption or other use by patrons or other members of the public;

(17)

Comply with any other applicable provisions of the city code.

(Ord. No. 3594, § 2, 8-24-21; Ord. No. 3666, § 14, 9-26-23; Ord. No. 3745, § 44, 8-26-25)

(a)

Any person who violates a provision of this article shall, upon conviction, be punished in accordance with in Section 1-8(a).

(b)

In addition to the administrative remedies and penalties set forth in this article, the city attorney may initiate an action before any court of competent jurisdiction to seek any appropriate remedy available to secure compliance with this article, including injunctive relief, and to secure costs and damages sustained by the city in enforcing this article.

(Ord. No. 3594, § 2, 8-24-21)

Nothing in this article shall create any duty to any person with regard to the enforcement or nonenforcement of this article. No person shall have any civil liability remedy against the city, its officers, employees or agents for any damages arising out of or in any way connected with the adoption, enforcement or nonenforcement of this article, and nothing in this article shall be construed to create any liability, waive any immunities, limitations on liability or other provisions of the Governmental Immunity Act, Colo. Rev. Stat. § 24-10-101 et seq., or waive any immunities or limitations on liability otherwise available.

(Ord. No. 3594, § 2, 8-24-21)

(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages or alcoholic liquors means malt, vinous or spirituous liquors: except that these terms shall not include confectionary containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II).

Applicant means any person who is applying for or has applied for and received an approval to sell malt, vinous or spirituous liquors or fermented malt beverages, and more particularly:

(1)

If an individual, that person making an application for a license under this article.

(2)

If a partnership, all the partners of the partnership who are making an application for a license under this article.

(3)

If a corporation, all the officers, directors or stockholders of the corporation making an application for a license under this article.

(4)

If a limited liability company, all members which are making an application for a license under this article.

Authority, licensing authority or local licensing authority means the local licensing authority of the city or the liquor licensing authority as established by the city council and defined by state statutes.

Fermented malt beverage (3.2 percent beer) means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not less than 0.5 percent alcohol by volume and not more than 3.2 percent alcohol by weight or four percent alcohol by volume. [Note: This definition is in effect until January 1, 2019.]

Fermented malt beverage means beer and any other beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not less than one half of one percent alcohol by volume. "Fermented malt beverage" does not include confectionery containing alcohol within the limits prescribed by section C.R.S. § 25-5-410(1)(i)(II). [This state definition is effective January 1, 2019.]

High school means, as used in Section 42-130, a public or parochial school, including either grades nine through 12 or grades ten through 12; but any school which includes other than or more than grades nine through 12 is not included in the definition of high school.

Licensee means a person licensed by the city and the state licensing authorities to sell fermented malt beverages or malt, vinous or spirituous liquors in the city.

Local licensing investigator means the chief of police or the authorized representative of the chief of police.

Malt liquor includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing not less than one-half of one percent alcohol by volume. [Note: This state definition is effective January 1, 2019.]

Malt liquor (not 3.2 percent beer) includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than 3.2 percent alcohol by weight or four percent alcohol by volume. [This definition is in effect until January 1, 2019.]

Manager includes that person who manages, directs, supervises, oversees or administers the acts or transactions of the customers, representatives, agents or employees of the licensee.

School means a public, parochial, or nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. "Basic academic education" has the same meaning as set forth in C.R.S. § 22-33-104(2)(b).

Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in the definition of malt liquor or vinous liquor, shall not be construed to be fermented malt or malt or vinous liquor but shall be construed to be spirituous liquor.

State means the state department of revenue liquor enforcement division.

Stockholder means any person who owns or has the right to exercise control over ten percent or more of the outstanding capital stock of a corporation.

Vinous liquors means wine and fortified wines that contain not less than one-half of one percent and not more than 21 percent alcohol by volume, and are produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. For the purpose of simplifying the administration of this Code, sake is deemed to be a vinous liquor.

(b)

All other words and phrases used in this article have the meanings set forth in C.R.S. § 44-3-101 et seq., § 44-4-101 et seq., § 44-5-101 et seq., as amended, repealed, or reenacted, or, if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning.

(Code 1975, § 25-1; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 1, 5-26-92; Ord. No. 2349, § 1, 10-24-94; Ord. No. 2427, § 1, 7-22-96; Ord. No. 2460, § 1, 7-28-97; Ord. No. 3506, § 1, 12-18-18)

Cross reference— Definitions generally, § 1-2.

(a)

Except as required in the course of lawful employment or as otherwise authorized by this article, it shall be unlawful for any person within the jurisdiction of the city to possess an open container of or consume any fermented malt or alcoholic beverages in public, except upon premises licensed or permitted under the provisions of C.R.S. § 44-3-101 et seq., § 44-4-101 et seq., and § 44-5-101 et seq.

(b)

Notwithstanding any provision of this article to the contrary, all on-premises establishments licensed pursuant to this section, which serve meals or sandwiches and light snacks, may permit a customer of the establishment to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than 750 milliliters of vinous liquor.

(1)

As applied to vehicles, the open container may not be consumed, possessed or located in the passenger area of any motor vehicle.

(2)

"Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to any type of glove or storage compartment accessible to passengers or driver.

(3)

The provisions of [subsection] (b)(1) shall not apply to:

a.

Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;

b.

The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home or trailer coach;

c.

The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

(c)

For the purpose of this section, the term "open container" means any container which is either opened so that the contents can be removed or upon which the seal, cork, pull tab or any type of cap applied by the manufacturer has been broken. A container shall be deemed an open container even if such container is resealed by any type of cap or seal.

(d)

For the purpose of this article, the term "in public" means:

(1)

In or upon any public highway, street, alley, walk, parking lot, building, park or other property or place which is owned or leased by the city or other governmental entity, whether in a vehicle or not; and

(2)

In or upon those portions of any private property upon which the public has an express or implied license to enter or remain. If such express or implied license is subject to time or conduct restrictions, consumption or prohibited possession of fermented malt or alcoholic beverages on such property shall be deemed to be "in public" even if the entry or remaining on the property is in violation of the time or conduct restrictions.

(e)

For the purpose of this article, the term "possess" or "possession" means exercising physical control over or holding such container, but also means exercising dominion and control over the place where such containers are found.

(f)

The city manager may, as provided in this subsection, grant express written permission to persons to consume fermented malt or alcoholic beverages on city-owned property for the following special functions: athletic events; artistic events; cultural events; receptions; street closure events; or civic events.

(1)

The city manager shall adopt an administrative directive specifying the city properties or portions thereof upon which fermented malt or alcoholic beverages may be consumed.

(2)

The city manager shall grant such permission to persons applying therefor if, considering the type of function and the type of alcohol to be served, the manager finds that:

a.

The application to the city manager was filed not later than 30 days prior to the date of the event.

b.

The time, location and duration of the function are not likely to significantly interfere with public traffic or services, including public safety services.

c.

The number and concentration of participants at outside street closure events and at other indoor functions shall not result in occupancy levels exceeding limitations in the city fire code. The number and concentration of participants for an event shall not create a nuisance resulting in inconvenience to the residents of the surrounding neighborhood.

d.

Procedures are proposed that are likely to ensure that underage persons, and persons under the influence of alcohol, will not obtain or consume fermented malt or alcoholic beverages served at the function.

e.

Procedures are proposed that are likely to secure and supervise the area and the participants during the function.

f.

The applicant agrees to provide sandwiches and other food services at the location during the time consumption is permitted in an amount sufficient to serve the persons anticipated to attend.

g.

The applicant agrees to be personally responsible for and provide financial guaranties to ensure the cleaning, trash disposal or repairs necessary as a result of the event for which the permission was granted. The city manager shall determine the amount of required financial guaranty based upon the city facility involved, the duration of the event, the number of persons anticipated to attend, the type of beverage to be served, the failure of the applicant to clean or repair city property in conjunction with past events, and the financial resources of the applicant.

h.

The applicant agrees to indemnify and hold harmless the city, its employees and agents for all liability claims arising out of the event, and to provide general liability insurance, with minimum liability limits equal to that established by the Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et seq.), to guarantee indemnification. The city manager may waive or reduce this insurance requirement if the applicant affirmatively establishes that the risk of liability to the city as a result of the function does not present the city with any significant additional risk of liability.

(3)

The city manager may issue a permit for consumption of fermented malt or alcoholic beverages on city-owned property based upon the following criteria:

a.

The request is for or on behalf of a city sponsored or co-sponsored civic event using any city-owned property; and

b.

The proposed event meets all the criteria as stated in subsection (2)(b) through (f) of this section.

(4)

The city manager shall deny permission on the grounds that:

a.

There is insufficient data presented by the applicant to make the findings required in subsection (e)(2) of this section.

b.

Approval would be detrimental to the public safety, health, morals, order or welfare by reason of the nature of the event, the likelihood that the event would create a public nuisance, an unreasonable risk of violence or public disorder or result in the consumption of alcoholic beverages by minors; or, alternatively, that the proximity of the event to schools or the failure of the applicant to conduct a past event in compliance with this section and the applicable rules and regulations.

c.

Another event has previously been scheduled for the same location on the same date and time.

d.

The event would unreasonably interfere with normal activities and customary and general use and enjoyment of the facility.

(5)

An applicant who has been denied permission or who claims to be otherwise aggrieved by the city manager's decision concerning an application may make a written request to the city manager's office for a hearing on the application. Within ten days of receipt of such a request, the city manager shall conduct a hearing at which the applicant and the city may present such evidence and information as may be relevant to the application.

(6)

The granting of permission by the city manager under this section does not relieve the applicant from the responsibility of obtaining any license or special event permit as may be required by state law or city ordinances.

(7)

This section is not intended to create a right of use or possession of city-owned or leased property in any person or group; rather, this section relates only to permission to consume malt, vinous or spirituous liquor or fermented malt beverage by an individual or group who otherwise has the lawful right to use or possess city-owned property pursuant to city policy.

(Code 1975, § 25-23; Ord. No. 2349, § 5, 10-24-94; Ord. No 2675, § 1, 8-30-01; Ord. No. 2684, § 1, 10-22-01; Ord. No. 2836, §§ 1, 2, 7-27-04; Ord. No. 2958, § 1, 9-26-06; Ord. No. 3506, § 1, 12-18-18)

(a)

It shall be unlawful for any person to sell, serve or deliver or cause or permit to be sold, served or delivered any alcoholic liquor within the city to any person under the age of 21 years or to any visibly intoxicated person.

(b)

It shall be unlawful for any person to serve any alcoholic liquor to any adult person, and permit the adult person to serve or give the alcoholic liquor on the licensed premises to any person under the age of 21 years, in company with such adult person.

(c)

It shall be unlawful for any person to sell, serve or deliver or cause or permit to be sold or delivered any fermented malt beverage, to any person under the age of 21 years or to any visibly intoxicated person.

(d)

It shall be unlawful for any person to sell, serve or deliver or cause to permit to be sold or delivered any fermented malt beverage to an adult person and permit such adult person to serve or give the fermented malt beverage on the licensed premises to any person under the age of 21 years in company with such adult person.

(e)

It shall be unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any malt, vinous, or spirituous liquor to a visibly intoxicated person or to a known habitually intoxicated person or person with an alcohol use disorder.

(f)

It shall be unlawful for any person to obtain or attempt to obtain malt, vinous, or spirituous liquor by misrepresentation of age or by any other method in any place where malt, vinous, or spirituous liquor is sold when such person is under 21 years of age.

(g)

It shall be unlawful for any person to knowingly, or under conditions which an average parent or guardian should have knowledge of, suffer or permit any person under 21 years of age, of whom such person may be a parent or guardian, to violate any provisions of this section.

(Code 1975, § 25-27; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3506, § 1, 12-18-18)

State Law reference— Sale of alcohol to underaged persons or drunkards, C.R.S. Title 44, Arts. 3 and 4.

It shall be unlawful for any person under the age of 21 years to purchase any malt, vinous, or spirituous liquors.

(Code 1975, § 25-28; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3506, § 1, 12-18-18)

State Law reference— Purchase of alcohol by underaged persons, C.R.S. Title 44, Arts. 3 and 4.

(a)

It shall be unlawful to possess or consume ethyl alcohol by an underage person as set forth in C.R.S. § 18-13-122, which statute, as amended, is incorporated herein by this reference provided, however, penalties shall be in accordance with subsection (b) herein.

(b)

Any violation of Section 42-30 shall be punished as provided in Section 1-8(a) of the Code. The municipal court judge may impose alcohol education classes and/or useful public service in addition to any fine.

(Code 1975, § 25-36; Ord. No. 2349, § 5, 10-24-94; Ord. No. 2606, § 1, 4-10-00)

(a)

A licensee, licensee's manager, employee, agent or representative shall immediately report to the police department any breach of the peace or unlawful or disorderly act, conduct or disturbance committed on the premises or adjoining grounds under the control or management of the licensee.

(b)

Any violation of Section 42-31 shall be punished as provided in Section 1-8(a) of the Code.

(Ord. No. 3244, § 1, 6-25-13)

(a)

Creation. A local licensing authority is created, which shall have and is vested with all the authority possible to have pursuant to C.R.S. § 44-3-101 et seq., § 44-4-101 et seq., and § 44-5-101 et seq., as amended, revised, repealed or reenacted, including but not limited to the power to grant, approve, renew, suspend, revoke or deny licenses and special event permits for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages and the power to conduct investigations as authorized by law or to otherwise impose fines in lieu of suspension, penalties, sanctions or other conditions on the applicant, the licensee or the manager, relating to the license or the permit, and to suspend or revoke such licenses for cause in a manner allowed by law. The Thornton Local Licensing Authority (authority) shall have rules of procedure (rules) regulating the conduct of its meetings, which rules and amendments to them shall be approved by council. The authority may make recommendations to the council for changes to its rules. The authority may also make recommendations regarding the amount and manner of assessment of any local fee concerning which the city has discretion in regard to amount or manner of assessment. Any such changes in the rules or fees and manner of assessment shall be subject to approval by the city council by resolution. The authority shall have all the powers of the local licensing authority as set forth in C.R.S. § 44-3-101 et seq., § 44-4-101 et seq., and § 44-5-101 et seq., as amended, revised, repealed or reenacted.

(b)

Statement of policy and purpose. The city council declares that the provisions contained in this article are an exercise of the police power by the city for the protection of the economic and social welfare and the health, safety, peace and morals of the citizens and residents of the city, as authorized by and pursuant to the authority granted under Article XX of the State Constitution and the provisions of the Colorado Liquor and Beer Codes, as amended.

(c)

Short title. This article may be cited as the Thornton Liquor and Beer Code.

(Code 1975, § 25-2; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 2, 5-26-92; Ord. No. 2427, § 2, 7-22-96; Ord. No. 3167, § 1, 5-24-11; Ord. No. 3506, § 1, 12-18-18)

(a)

Number of members. The local licensing authority shall consist of nine qualified electors, who are at least 21 years of age, of the city.

(b)

Method of appointment. Members of the authority shall be appointed by city council majority vote. Members are expected to represent and reflect the conscience of the community and to translate the needs of the various neighborhoods and the desires of the adult inhabitants and, to this extent, all members should be generally acquainted with all areas of the city.

(c)

Selection of chairperson and vice-chairperson; quorum. The authority shall annually elect by majority vote one of its regular members to serve as chairperson and one of its regular members to serve as vice-chairperson. Chairperson and vice-chairperson shall serve until a vacancy in such office occurs, or until the election of a chairperson and vice-chairperson at the next organizational meeting of the authority. A quorum shall consist of five members, and a decision of a majority of the quorum shall control.

(d)

Filling of vacancies; appointment to unexpired term. In the case of the resignation, removal from office, termination of residence within the city or death of a member, the city council shall appoint a qualified elector of the city over the age of 21 years to fill the unexpired term of office of the member whose seat is being vacated.

(e)

Terms of office. The term of office for each member shall be established pursuant to the Code.

(f)

Removal from office. Any member of the local licensing authority may be dismissed for cause by a majority vote of the city council.

(g)

Licensees prohibited. No person shall serve or continue to serve as a member of the local licensing authority who has or who obtains any financial interest in the operation of any business holding a license pursuant to C.R.S. § 44-3-101 et seq., and § 44-4-101 et seq., or if a member of such person's immediate family has obtained such an interest.

(h)

Councilmembers prohibited. No person shall serve or continue to serve as a member of the local licensing authority who is also a current sworn office holder as an elected or appointed member of the city council.

(Code 1975, § 25-3; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 3, 5-26-92; Ord. No. 2427, § 3, 7-22-96; Ord. No. 2490, § 3, 1-12-98; Ord. No. 2582, § 3, 11-15-99; Ord. No. 3506, § 1, 12-18-18; Ord. No. 3692, § 1, 6-11-24)

(a)

The licensing authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations or other evidence at any hearing before the licensing authority. It shall be a violation of this article for any person to willfully fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority, punishable as provided in Section 1-8(b).

(b)

In addition to the penalties provided for in subsection (a) of this section and upon failure of any witness to comply with a subpoena or order to produce documents, data compilations, or other evidence issued by the authority, the city attorney may, at the request of the authority, petition any judge of any court of competent jurisdiction to enter its order compelling the witness to attend and testify or produce the requested documents or other data compilations or other evidence under penalty of contempt in case of willful failure to comply with such order of court.

(Code 1975, § 25-6; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2349, § 2, 10-24-94; Ord. No. 2427, § 4, 7-22-96)

Editor's note— Section 4 of Ord. No. 2427, adopted July 22, 1996, repealed §§ 42-58, 42-59 and 42-61 and renumbered §§ 42-60 and 42-62 as §§ 42-58 and 42-59, respectively. Formerly, § 42-58 pertained to meetings and public hearings and derived from § 25-4 of the 1975 Code; Ord. No. 1633, adopted Dec. 22, 1986; and Ord. No. 1769, adopted June 27, 1988. Section 42-59 pertained to procedures and derived from § 25-5 of the 1975 Code; Ord. No. 1633, adopted Dec. 22, 1986; and Ord. No. 1769, adopted June 27, 1988. Section 42-61 pertained to support services and derived from § 25-7 of the 1975 Code; Ord. No. 1633, adopted Dec. 22, 1986; and Ord. No. 1769, adopted June 27, 1988.

An appeal from any decision of the local licensing authority shall be directly to the district court for the county, by means of a Rule 106(a)(4) C.R.C.P. or other applicable procedure. No appeal from any decision of the local licensing authority shall be made to the city council and, by passage of this article, the city council reaffirms its intention to have all matters relating to the issuance, suspension, revocation, denial, etc., of any relevant licenses in regard to fermented malt beverages or alcoholic beverages be handled by the local licensing authority and not by the city council.

(Code 1975, § 25-8; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2427, § 4, 7-22-96)

Note— See editor's note following § 42-58.

Note— See editor's note following § 42-58.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amusement ride means a mechanical device which carries passengers along, under, around, through or over a fixed course, or within a limited area, for the amusement of the passengers, and includes but is not limited to a merry-go-round or ferris wheel.

Carnival means a traveling or temporary enterprise which entertains the public by the provision of one or more amusement rides, and includes all exhibitions, games, entertainments, restaurants, food and beverage stands, rides or other amusements which may be located upon the premises of the carnival.

Circus means a traveling show or performance which includes feats of skill or daring by humans or animals or which includes displays of wild animals.

(Code 1975, § 19-2; Ord. No. 2224, § 1, 1-11-93)

Cross reference— Definitions generally, § 1-2.

Any person who shall violate any of the provisions of this article, including failure to comply with the terms and conditions of the license, shall, upon conviction, be punished as provided in Section 1-8(a).

(Code 1975, § 19-9; Ord. No. 2224, § 1, 1-11-93)

Nothing in this article shall create any duty to any person with regard to the enforcement or nonenforcement of the article. No person shall have any civil liability remedy against the city, its officers, employees, or agents, for any damages arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this article, and nothing in this article shall be construed to create any liability or to waive any immunities, limitations on liability, or other provisions of the Governmental Immunity Act (C.R.S. § 24-10-101 et seq.), or to waive any immunities or limitations on liability otherwise available.

(Code 1975, § 19-11; Ord. No. 2224, § 1, 1-11-93)

It shall be unlawful for any person to conduct or permit to be conducted within the city a circus or carnival without a license first having been obtained therefor from the city.

(Code 1975, § 19-1; Ord. No. 2224, § 1, 1-11-93)

No license shall be issued pursuant to the provisions of this division unless the applicant submits to the city clerk the following:

(1)

At least 20 days prior to the commencement of operations, a completed application, signed under oath as to the truthfulness of its contents, on a form prepared by the city clerk. The application form shall include, but not be limited to:

a.

The names, addresses and phone numbers of the applicant, owner and operator of the circus or carnival.

b.

The name and address of each of the applicant's employees who will be performing services in the city in conjunction with the circus or carnival.

c.

A statement certifying no amusement ride will be operated by a person under the age of 18 years.

(2)

The license fee.

(3)

A cash deposit of $250.00 for anticipated sales taxes. These funds shall be retained by the city until a sales tax return is submitted by the licensee. If the deposit amount is in excess of the sales tax due, such excess shall be returned to the applicant within 20 days. In the event additional sales taxes are due and owing after a sales tax return is filed, the city may pursue such other action as is appropriate for the collection of such additional sales taxes due and owing. If no sales tax return is filed by the applicant for a period of 20 days after the close of the event, the deposit is forfeited by the licensee.

(4)

Evidence that a public liability insurance policy is in force and effect for the term of the event in an amount of not less than $150,000.00 per each person and $600,000.00 per each occurrence which names the city as an additional insured.

(5)

A bond in the amount of $2,000.00 conditioned upon the applicant not violating the provisions of the license or federal, state or municipal law and conditioned further that no damage will be done to the streets, sewers, trees, adjoining property or other city property and that no dirt, paper, litter or other debris will be permitted to remain upon the streets or city property or upon any private property by such applicant or the applicant's agents or employees. The city may also draw against the bond to the extent reasonably necessary to protect the public health, safety and welfare. In lieu of such bond, the applicant may deposit with the city $500.00 to $2,000.00 as deemed appropriate by the city clerk based on the duration of the circus or carnival, the number of riders or attractions, and any other factors which may affect the impact the circus or carnival will have on municipal property or services. After the expiration of the license the bond or cash deposited with the city shall be returned to the applicant upon certification by the code enforcement unit that the applicant has complied with all the conditions of this article.

(6)

Written authorization from the owner or other person in lawful possession of the premises upon which the circus or carnival is to be held or conducted that the circus or carnival may be held or conducted on such premises.

(7)

Evidence as to what arrangements have been made to accommodate parking for patrons while the circus or carnival is in operation.

(8)

Written confirmation from the planning director that the circus or carnival would not violate the zoning laws of the city.

(9)

Written confirmation from the building inspection division that the facilities and equipment for the circus or carnival have been inspected and are in compliance with the applicable provisions of the fire code as adopted in Section 10-160 and applicable provisions of the electrical code adopted in Section 10-162.

(10)

If food is to be served, the city clerk may require written confirmation from the appropriate officer of the city or Local Health Department of compliance with all applicable state laws and municipal ordinances which pertain to the provision of food service.

(11)

Written confirmation from the chief of police that the site plan of the licensee has been examined and approved or approved with conditions by the police department. Approval of the site plan by the police department will be with regard to public safety. If the chief of police deems it appropriate that additional police protection be provided in conjunction with the operation of the circus or carnival, the applicant shall also deposit with the city clerk a cash deposit for any such additional costs in an amount determined appropriate by the chief of police.

(12)

Any other term or condition deemed necessary to protect the public health, safety, or welfare.

(Code 1975, § 19-4; Ord. No. 2224, § 1, 1-11-93; Ord. No. 2606, § 9, 4-10-00; Ord. No. 2656, § 28, 2-12-01; Ord. No. 2958, § 7, 9-26-06; Ord. No. 3666, § 12, 9-26-23)

The fee for the license required under this division shall be as established by resolution of the city council for the first day and as established by resolution of the city council for each additional day of operation.

(Code 1975, § 19-3; Ord. No. 2224, § 1, 1-11-93)

The city manager, at the city manager's discretion, may waive any or all of the license fee requirements, the sales tax deposit and the cash bond deposit provided for in this division when the applicant for a license is a nonprofit organization or governmental entity. A nonprofit organization shall be defined as any organization exempt from taxation under Section 501(C)(3) of the Internal Revenue Code.

(Code 1975, § 19-10; Ord. No. 2224, § 1, 1-11-93)

When the time for which a license issued under the provisions of this division is specified by dates, the hour of the issuance and termination of such license shall be stated thereon. The license will be effective when the exhibition is opened to the public and will expire according to the term contained on the face of the license. The term, if not otherwise limited, will be fixed by the fee paid by the applicant in accordance with Section 42-303.

(Code 1975, § 19-8; Ord. No. 2224, § 1, 1-11-93)

(a)

The city manager shall deny an application for a circus or carnival license which is not in compliance with Section 42-302. Notice of denial shall be mailed to the applicant at the address listed in the application and/or delivered personally to the applicant or representative at the circus or carnival site, prior to the date of commencement of the event.

(b)

The city manager may suspend or revoke a license, upon one or more of the following grounds:

(1)

Failure to comply with the requirements of this article.

(2)

Violation of a federal, state or municipal law arising from the applicant's operation of the circus or carnival.

(3)

A material misrepresentation in the application or other material submitted by the applicant to the city clerk, police or fire department.

(4)

Creating a public nuisance, as defined in C.R.S. § 16-13-301 et seq.

(c)

Notice of a suspension or revocation shall be mailed to the applicant at the address listed in the application and/or delivered personally. The suspension or revocation will become effective immediately upon the city manager's decision.

(Code 1975, § 19-5; Ord. No. 2224, § 1, 1-11-93)

(a)

Any person aggrieved by the suspension or revocation of a license issued pursuant to this division shall have the right to a hearing on such action to the city manager.

(b)

A request for such a hearing shall be filed with the city clerk's office within five business days from the date of the notice of suspension or revocation.

(c)

The request for hearing must specify with particularity the basis alleged by the applicant for error in the suspension, or revocation of the license.

(d)

The city manager shall hold such hearing no later than five business days after receipt of the request for hearing by the applicant and shall render a decision in writing and mail the decision to the applicant at the address listed in the application within two business days of the hearing.

(e)

Hearings shall be conducted in compliance with standards of procedural due process applicable to administrative hearings, including the right to be represented by legal counsel, to present testimony and to confront witnesses. The city manager shall apply the standard for review of whether the city abused its discretion, acted arbitrarily or acted in excess of its authority under this division. Additionally, the appellant shall have the burden to show by a preponderance of the evidence why the suspension or revocation of the carnival license was improper under this standard.

(f)

The city manager's decision shall be final and shall be deemed an exhaustion of all administrative remedies.

(Code 1975, § 19-6; Ord. No. 2224, § 1, 1-11-93)

Any appeal of the decision by the city manager to suspend or revoke a license required under this division is subject only to judicial review as may be authorized by law.

(Code 1975, § 19-7; Ord. No. 2224, § 1, 1-11-93)

As used in this article, the definitions set out in C.R.S. § 12-48.5-103, as amended from time to time, shall apply and be incorporated in this section by this reference. The following additional words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages means any malt, fermented malt, vinous or spirituous liquor or beverage, as such terms are determined in C.R.S. § 12-47-101 et seq. and C.R.S. § 12-48-101 et seq., as amended.

Applicant means any person, including an officer or director of a corporation or other such organization, a member if the organization is a limited liability company, and any stockholder or member holding a ten percent or more interest, a limited, or general partner, or sole proprietor, which applicant is seeking the issuance of a massage parlor license.

Local licensing authority means the city council.

Nudity or state of nudity means (1) the appearance of a human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, or areola or nipple of the female breast.

Owner means a person owning, directly or beneficially, any interest or part interest, however, identified, in a massage parlor.

(Code 1975, § 37-2; Ord. No. 694, 8-11-75; Ord. No. 2403, § 1, 1-8-96)

Cross reference— Definitions generally, § 1-2.

(a)

Any person violating any of the provisions of this article, in addition to the revocation or suspension of the massage parlor license, shall upon conviction be punished as provided in Section 1-8(b).

(b)

Any massage parlor operated, conducted or maintained contrary to the provisions of this article shall be and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting an action under this article, commence an action or proceeding, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage parlor and restrain and enjoin any establishment contrary to the provisions of this article.

(Code 1975, § 37-19; Ord. No. 694, 8-11-75; Ord. No. 2403, § 17, 1-8-96)

The city council declares that the operation of massage parlors in this city affects the public health, safety and welfare and that city regulation of such operations is in the public interest.

(Code 1975, § 37-1; Ord. No. 694, 8-11-75)

The following classes of persons and establishments are exempt from this article upon written verification of exempt status provided at the time an application for a massage parlor license is requested:

(1)

Physicians, osteopaths, physical therapists, chiropodists, podiatrists or chiropractors licensed to practice in this state.

(2)

Registered nurses and licensed practical nurses who are licensed to practice in this state while performing such services in their usual nursing duties.

(3)

Barbers and cosmetologists duly licensed under the laws of this state in the course of practice of their usual and ordinary licensed vocation and profession, as defined in C.R.S. § 12-8-101 et seq., as amended from time to time.

(4)

Massage practiced in connection with athletics, undertaken and supervised by the athletic department of any public or private school accredited by the state board of education, or in connection with the conduct of professional or amateur athletics, or at city-owned recreational facilities and in connection with professional or amateur athletics or sporting events.

(5)

Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated to medical or nursing practices licensed under the laws of this state where massages and baths may be given.

(6)

Massage practiced in an institution of learning established for such instruction under the Private Occupational Education Act of 1981 (C.R.S. § 12-59-101 et seq.), as amended from time to time.

(7)

Licensed massage therapists as defined in the state Massage Therapy Practice Act, as it may be amended from time to time.

(8)

Persons and establishments exempted from the definition of "a massage parlor" in C.R.S. § 12-48.5-103, as amended from time to time and persons and establishments engaged in massage therapy as defined in the state Massage Therapy Practice Act, as it may be amended from time to time.

(Code 1975, § 37-4; Ord. No. 694, 8-11-75; Ord. No. 2150, 4-13-92; Ord. No. 2403, § 2, 1-8-96; Ord. No. 3093, § 1, 3-24-09)

It shall be unlawful to operate a massage parlor without also complying with all laws of the state or this municipality now or hereafter enacted. Persons who are exempt from the application of this article, pursuant to Section 42-344, shall not hire employees who are not also exempt without first complying with all the requirements of this article.

(Code 1975, § 37-17; Ord. No. 694, 8-11-75; Ord. No. 2403, § 15, 1-8-96)

Each licensed massage parlor shall be inspected at least once each year by appropriate city departments before the massage parlor license can be renewed for the purpose of determining that the provisions of this article are met.

(Code 1975, § 37-13; Ord. No. 694, 8-11-75; Ord. No. 2403, § 11, 1-8-96)

(a)

A person holding a massage parlor license may not employ anyone who has not attained 18 years of age.

(b)

A massage parlor licensed pursuant to this article may not allow any person to obtain a massage who has not attained 18 years of age.

(c)

The owner, owners, employees or any manager of a massage parlor licensed pursuant to his article shall have the responsibility to ensure there are no violations of subsections (a) and (b) of this section.

(Code 1975, § 37-12; Ord. No. 694, 8-11-75; Ord. No. 2403, § 10, 1-8-96)

Every person operating a massage parlor under a license issued pursuant to this article shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the employee administering such treatment. The record shall be open to inspection by the police department, upon demand, or any city officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. The records shall be maintained for a period of two years.

(Code 1975, § 37-14; Ord. No. 694, 8-11-75; Ord. No. 2403, § 12, 1-8-96)

(a)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit any person or employee to engage in, conduct or carry on, the act of massage at any place, location or establishment within the city, without such location or establishment first having obtained a license for the operation of a massage parlor, referred to in this article as a massage parlor license, issued pursuant to this article.

(b)

Any license issued pursuant to this article shall also be issued pursuant to state law, C.R.S. § 12-48.5-101 et seq., as amended from time to time, which statute is hereby incorporated by this reference as if fully set forth in this section.

(Code 1975, § 37-3; Ord. No. 694, 8-11-75; Ord. No. 2403, § 2, 1-8-96)

(a)

Any person seeking to obtain a license to operate a massage parlor, massage parlor license, shall apply to the local licensing authority by submitting an application to the city clerk's office.

(1)

A nonrefundable application fee, as established by the city council by resolution from time to time, shall accompany the submission of each application to defray the costs of an investigation and reports.

(2)

If a person requesting a massage parlor license, by submitting an application as provided by this article, meets all the requirements of this article and is approved by the local licensing authority, a massage parlor license shall be issued upon payment of a license fee as established by the city council by resolution from time to time.

(3)

A massage parlor license will not be issued to any person who has not, at the time of issuance, attained the age of 18 years of age.

(b)

The term of a massage parlor license shall be one calendar year with the license expiring on December 31 of each year subsequent to issuance. The license fee contained in subsection (a)(2) of this section shall be prorated to effectuate the license term.

(c)

Renewal requests for a massage parlor license must be filed with the city clerk by December 1 of each calendar year. Massage parlor license may be renewed upon the same conditions as issuance of the initial license and upon payment of a renewal fee as established by the city council by resolution from time to time.

(Code 1975, § 37-5; Ord. No. 694, 8-11-75; Ord. No. 2403, § 3, 1-8-96)

(a)

Any applicant for a massage parlor license shall submit to the city clerk's office, on an application form prepared by the city clerk's office, the following information, in addition to the information required by C.R.S. § 12-48.5-105, at the time of filing an application.

(1)

The full name and present business address of the applicant.

(2)

The previous resident address of the applicant over the ten years immediately prior to the present resident address of the applicant and the dates of residence at each.

(3)

Written proof verifying that the applicant is over the age of 18 years, which written proof shall include but not be limited to the following: a valid driver's license containing a picture issued by any state; a picture identification card issued by the State of Colorado; a military identification card; a passport; or an alien registration card.

(4)

The applicant's height, weight, color of eyes and hair, and date of birth.

(5)

Two recent portrait photographs, at least two by two inches, taken within the last six months, as well as verification that the applicant has been fingerprinted by the police department or any criminal justice agency.

(6)

The business, occupation or employment history of the applicant for the ten years immediately preceding the date of the application.

(7)

The business license history of the applicant: whether such applicant, in previously operating in this or another city or state under a massage parlor license, has had such a massage parlor license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation.

(8)

All criminal convictions, except traffic offenses, and the reasons and dispositions therefor, for the last ten years.

(9)

Such other identification and information as the police chief may require in order to fully investigate the application submitted.

(b)

An applicant for a massage parlor license shall truthfully and completely disclose all information required by this article. Failure to provide complete and truthful information may be grounds for denial, revocation or suspension of a massage parlor license.

(Code 1975, § 37-6; Ord. No. 694, 8-11-75; Ord. No. 2403, § 4, 1-8-96)

(a)

Facilities, equipment, etc. A massage parlor license will not be issued unless and until an inspection by the city reveals that the establishment complies with each of the following minimum requirements:

(1)

Signage. A recognizable and legible sign shall be posted at a main entrance in compliance with all applicable ordinances identifying the establishment as a massage parlor.

(2)

Lighting. Minimum lighting shall be provided in accordance with the International Building Code, adopted in Section 10-151 and, in addition, at least an artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons.

(3)

Ventilation. Minimum ventilation shall be provided in accordance with the International Building Code, adopted in Section 10-151.

(4)

Equipment and attire. Adequate equipment for disinfecting and sterilizing instruments used in performing acts of massage shall be provided. No persons may perform massage services nor shall any person receive massage services if such person is nude or in a state of nudity.

(5)

Hours of operation. A massage parlor shall not be open for business nor shall the licensee, owner, principal owner, manager or any employee allow patrons upon the licensed premises:

a.

On any Monday through Friday from 12:00 midnight to 6:00 a.m., and on any Saturday from 2:00 a.m. to 6:00 a.m.;

b.

On any Sunday.

(6)

Linen storage and water facilities. Closed cabinets shall be provided for the storage of clean linen, and hot and cold running water shall be provided at all times.

(7)

Bathing, dressing, locker and toilet facilities. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one washbasin shall be provided by every massage parlor; provided, however, that if male and female patrons are to be served simultaneously at the establishment, a separate massage room, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons.

(8)

Physical and sanitary conditions. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(9)

Towels and linens. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linen shall be permitted.

(10)

Facilities for employees. A minimum of one separate washbasin shall be provided in each massage parlor for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, sanitary towels placed in permanently installed dispensers shall be provided at each washbasin.

(11)

No alcoholic beverages are to be made available, provided or allowed to be consumed by, patrons of a massage parlor licensed under this article.

(b)

Locational restrictions for massage parlors.

(1)

No massage parlor license will be issued if, within 750 feet, there exists the following:

a.

A religious institution;

b.

A school or child care facility, as defined in the Development Code;

c.

A public park;

d.

A boundary of any residential zoned district;

e.

The property line of a lot devoted to residential use.

(2)

No massage parlor license shall be issued for the operation of a massage parlor within 750 feet of another massage parlor or a sexually oriented business licensed pursuant to Article VIII of this chapter.

(3)

For the purposes of subsections (b)(1) and (b)(2) of this section, the distance between any two massage parlors shall be measured in a straight line, without due regard to intervening structure or objects, from the closest exterior wall of the structure in which each business is located. The distance between a massage parlor and the uses listed in subsections (b)(1)a through (b)(1)e of this section shall be measured in a straight line, without regard to intervening structures or objects, from the closest point of the property line of such use to the closest exterior wall of the structure in which the massage parlor is located.

(4)

Any massage parlor lawfully operating on the effective date of this article, which is in violation of subsections (b)(1) through (b)(3) of this section, shall be allowed to continue operating for an amortization period of six months. Six months after this article becomes effective, all massage parlors must comply with subsections (b)(1) through (b)(3) of this section and all other provisions of this article.

(5)

A massage parlor lawfully operating is not rendered a nonconforming use by the subsequent location of a religious institution, a school or day care facility, as defined in the Development Code, a public park, a residential district, a residential lot, or an adult business; however, if the massage parlor ceases operation for a period of 180 days or more regardless of any intent to resume operation, it may not recommence operation in that location.

(Code 1975, § 37-7; Ord. No. 694, 8-11-75; Ord. No. 2403, § 5, 1-8-96; Ord. No. 2849, § 15, 10-26-04, eff. 1-1-05; Ord. No. 3745, § 36, 8-26-25)

(a)

Any applicant for a massage parlor license to be issued pursuant to these provisions shall submit a completed application, after payment to the city clerk of the application fee required by Section 42-377(a)(1), completeness to be determined by the city clerk's office, which application will then be submitted to the police department. The chief of police or designee shall investigate the application and the background of the applicant and report to the local licensing authority. A building inspection, fire inspection, and review of the application by the city development department shall be made of the premises proposed for the massage parlor and a report shall be made to the local licensing authority concerning compliance with all applicable municipal ordinances. Based upon such investigation and reports, the local licensing authority shall approve or deny the license within 90 days from the date of filing the application.

(b)

The local licensing authority shall grant a massage parlor license if all state requirements and requirements under this article are met, unless it appears that an applicant has deliberately falsified the application, has been convicted of any felony within the last ten years or any offense involving moral turpitude or is not a person of good moral character as stated in C.R.S. § 12-48.5-108.

(c)

All licenses issued under this division are nontransferable either to a person other than the person shown on the massage parlor license or to a different geographic location other than that identified in the application. However, licenses may be transferred pursuant to C.R.S. § 12-48.5-104(a)

(Code 1975, § 37-8; Ord. No. 694, 8-11-75; Ord. No. 2403, § 6, 1-8-96; Ord. No. 2656, § 28, 2-12-01)

Every person or owner to whom or for which a massage parlor license shall have been granted shall display the license in a conspicuous place so that it may be readily seen by persons entering the premises where the massage or treatment is given. When the license is issued to an individual, a two-by-two inch photograph shall be affixed to the license.

(Code 1975, § 37-9; Ord. No. 694, 8-11-75; Ord. No. 2403, § 7, 1-8-96)

(a)

The city council shall be the local licensing authority under this article and for the purposes of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq., as amended from time to time.

(b)

No person holding a massage parlor or massage services license shall serve as a member of the local licensing authority.

(c)

The local licensing authority shall have all powers granted in this article and under the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq., as amended from time to time.

(d)

The local licensing authority shall have the power to promulgate rules and regulations to implement the Colorado Massage Parlor Code and this article, if necessary. The regulations shall be subject to the approval of the city council.

(Code 1975, § 37-10; Ord. No. 2403, § 8, 1-8-96)

Any sale or transfer of ownership relating to a license shall conform to C.R.S. § 12-48.5-104, as from time to time amended.

(Code 1975, § 37-16; Ord. No. 694, 8-11-75; Ord. No. 2403, § 14, 1-8-96)

In addition to those unlawful acts identified in C.R.S. § 12-48.5-110, the conviction of any employee or owner of a licensed massage parlor of any offense arising out of operation of the licensed premises shall be deemed grounds for suspension or revocation of any massage parlor license. The word "offense," as used in this section, means any felony, or the violation of a city ordinance, or the intentional or reckless misrepresentation of any fact on an application for the issuance of a massage parlor license, or any offense, as defined by state law, involving moral turpitude.

(Code 1975, § 37-11; Ord. No. 694, 8-11-75; Ord. No. 2403, § 9, 1-8-96)

(a)

Notice and hearing. No massage parlor license shall be revoked or suspended until after a hearing shall have been held before the local licensing authority to determine just cause for such revocation or suspension; provided, however, that the local licensing authority may order any license suspended, for a period of not more than 14 days, pending such hearing, only upon a showing that the public health, safety or welfare requires immediate action, and it shall be unlawful for any person to operate a massage parlor until the suspended license has been reinstated by the local licensing authority. If the local licensing authority orders such a suspension, the hearing date shall be held within 21 days from the order requiring suspension. Notice of such hearing shall be given in writing and served at least five calendar days prior to the date of the hearing thereon. The notice shall state the grounds for the complaint against the holder of the license, or against the business carried on by the licensee at the massage parlor, and shall state the time and place where such hearing will be held.

(b)

Service of notice. The notice shall be served upon the license holder by personal delivery to the license holder or by leaving the notice at the place of business of the license holder with a person employed therein. In the event that the license holder cannot be found and the service of the notice cannot be made in the manner herein provided, a copy of the notice shall be mailed, postage fully prepaid, addressed to the license holder at the license holder's place of business or residence, at least five calendar days prior to the date of such hearing.

(c)

Appeal. All decisions issued pursuant to this section shall be final. Any appeal of a decision rendered shall be to the Colorado District Court.

(Code 1975, § 37-15; Ord. No. 694, 8-11-75; Ord. No. 2403, § 13, 1-8-96)

The provisions of this Article VI shall be referred to and may be cited herein as the "Thornton non-alcoholic entertainment club license ordinance", hereafter referred to as "non-alcoholic entertainment club ordinance".

(Ord. No. 2641, § 1, 10-9-00)

The purpose of this article is to regulate the operation of non-alcoholic entertainment clubs to ensure that public health and safety concerns related to these events may be adequately addressed without diminishing public health and safety services throughout the city.

(Ord. No. 2641, § 1, 10-9-00)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means an individual, any partnership, corporation, limited liability corporation, organization, association or any other business entity which promotes and is therefore applying for a non-alcoholic entertainment club license as herein defined.

Clerk means the city clerk or designee for the City of Thornton.

Manager means a manager of a non-alcoholic entertainment club.

Musical entertainment, as used herein, shall not mean music provided for a facility only as background for other featured modes of entertainment such as, but not limited to, participatory sporting games, rides, video arcades or a facility that offers other interactive electronic games or rides.

Non-alcoholic entertainment club means a building either owned or leased, a part of a building, room or area within such building or any real property either owned or leased, that is not licensed for the sale of alcoholic beverages or if licensed is not serving alcoholic beverages, where musical entertainment, whether live or recorded, vocal, instrumental or otherwise, is provided or occurs as the primary source of entertainment with or without dancing available for customers or patrons, and hereafter referred to herein as "club".

Non-alcoholic entertainment club license means the license issued to a business that is or contains a non-alcoholic entertainment club as defined herein and hereafter referred to herein as "club license".

School means any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges and universities. The term "school" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

(Ord. No. 2641, § 1, 10-9-00; Ord. No. 2685, § 1, 10-22-01)

It shall be unlawful to operate or permit to be operated anywhere within the city a club without having a club license. No club license will be issued for any location in the city that is not held or conducted entirely within a building or structure.

(Ord. No. 2641, § 1, 10-9-00)

(a)

Term. All non-alcoholic entertainment club licenses shall be granted pursuant to this article for a term of one year unless suspended or revoked. Said term shall commence on the date the license is issued and terminate on the anniversary date of the license.

(b)

Renewal. The clerk shall send each club a renewal notice no less than 90 days prior to the expiration date of the club license. Renewal of the club license shall be on the same terms and conditions as the initial application for such license and shall be submitted no less than 45 days prior to the date of the expiration of the current license.

(c)

Fees. An application fee shall accompany any application and renewal application pursuant to this article; provided, however, if the application or renewal is for premises that are also liquor licensed premises, an application fee will not be required. Annual club license fees as well as the application fee shall be in amounts established by resolution of the Thornton City Council.

(Ord. No. 2641, § 1, 10-9-00; Ord. No. 2685, § 2, 10-22-01)

Each application for a club license shall contain the following information:

(1)

If the applicant is an individual, satisfactory proof that the applicant is 21 years of age or older, the address and phone number(s) where such individual can be contacted;

(2)

If the applicant is a legal entity, satisfactory proof that each of the individual officers, directors, managers, partners, members and/or principal owners of such entity are 21 years of age or older and the name, the address and phone number(s) where such persons can be contacted;

(3)

Whether the applicant or any of the other individuals required to be listed in the application have been convicted of any felonies within the last ten years or any crime involving use of or trafficking in illegal substances, or crimes of sexual assault and, if so, the criminal act involved, the date and place of conviction and the disposition;

(4)

Whether the applicant or any of the other individuals required to be listed in the application has had a previous license under this or any other similar type of club ordinance from another city or county denied, suspended, or revoked, and, if so, the name and location of the club for which such license was denied, suspended, or revoked, as well as the date of such denial, suspension, or revocation;

(5)

Whether the applicant or any of the other individuals required to be listed in the application has been an officer, director, manager, partner, member, and/or principal owner of any legal entity which has had a previous license under this or any other similar type of club ordinance from another city or county denied, suspended, or revoked and, if so, the name and location of the club for which such license was denied, suspended, or revoked, as well as the date of such denial, suspension, or revocation;

(6)

Whether the applicant or any of the other individuals required to be listed in the application holds any other licenses under this division or other similar type of club ordinances from another city or county, and, if so, the names and locations of such other licensed businesses;

(7)

Satisfactory proof of the applicant's ownership or right to possession of the premises wherein the club will be operated;

(8)

If the building wherein the club will be operated is in existence, verification that such building is in compliance with all applicable city ordinances and regulations. If the building wherein the club will be operated is to be built, the application must include proof that all building, planning, and Development Code requirements have been met. This provision shall be satisfied by inspections from applicable departments of the city. The applicant, by submitting an application, implicitly grants permission to all such applicable departments to perform such inspections; and

(9)

Prior to the issuance of a club license, the license application shall be submitted to the police department for investigation. The police department shall provide verification as to whether the applicant and each of the other individuals required to be listed in the license application have been convicted of any felonies within the last ten years or any crimes identified in subsection (3) of this section. Such review shall be completed within 20 days after the license application is submitted to such department. The police department shall only be required to provide the information specified in subsections (1) and (2) of this section and shall not be required to approve or disapprove the license application.

(Ord. No. 2641, § 1, 10-9-00; Ord. No. 3745, § 37, 8-26-25)

(a)

If, after investigation, the clerk finds that the application is complete and all requirements contained in Section 42-436 have been satisfied and that the applicant has not been convicted of any crimes identified in Section 42-436(3), then the clerk may issue a club license.

(b)

The clerk shall issue such club license to the applicant within 30 days following receipt of the license application, for use at the location identified in the license application as the situs of the business, unless any requirements contained in Section 42-436 have not been met. In such case, the application will be returned to the applicant marked denied.

(c)

The clerk, upon receipt of reports from any applicable city department, shall be empowered to place reasonable conditions and restrictions upon any club license.

(Ord. No. 2641, § 1, 10-9-00)

The clerk shall suspend or revoke a club license if the clerk finds:

(1)

That the licensed premise has been inactive for at least three months;

(2)

That the holder of the club license, or manager or any employee thereof is illegally offering for sale or allowing to be consumed or possessed upon the premises or upon any parking area, sidewalk, walkway, access way or grounds immediately adjacent to such premises, illegal narcotics or drugs;

(3)

That the holder of the club license or manager is not on the premises at all times that the club is open to the public;

(4)

That vinous or spirituous or fermented malt beverages are being consumed on the premises or upon any parking area, sidewalk, walkway, access way or grounds immediately adjacent to such premises; and

(5)

That the club is being maintained or is operated in such a way as to violate any ordinances or regulations of the city or that any provision of this article has been violated.

(6)

That the club has not been issued or does not possess any permits or licenses required by the city. Operation without such required permits or licenses is hereby declared illegal and, in addition to any citation that may be issued, the city may immediately require the club to cease operation until such permits or licenses are obtained.

(Ord. No. 2641, § 1, 10-9-00)

(a)

Each manager of a club shall submit an application for a manager's registration on a form to be provided by the clerk. The application shall contain the applicant's name, address, date of birth, telephone number, and the whether the manager has been convicted of a felony in this state or any other state.

(b)

Each application for a club, manager's registration, shall be verified by the oath or affirmation of the applicant or the applicant's authorized agent. An individual owner or a partner or a corporate officer may be a manager without the necessity of filing a manager's registration with the clerk.

(Ord. No. 2641, § 1, 10-9-00)

Any club license issued pursuant to this article shall be limited or restricted in its operation as follows:

(1)

Supervisor and security personnel shall be provided both inside and outside the club premises during all hours of operation. A minimum of two security persons will be necessary per each 100 patrons to comply with this provision.

(2)

The club must notify the Thornton Police Department at least two weeks before any event is scheduled unless the club is holding events on a regular basis in which case a monthly schedule of such events shall be provided to the Thornton Police Department.

(3)

No alcoholic beverages shall be served or consumed on the club premises. For liquor licensed premises; all liquor shall be locked up or placed in a storage area inaccessible by patrons. Premises shall include the parking areas, walkways and access ways.

(4)

The hours of operation shall be limited to 12:00 noon to 11:00 p.m., Sunday through Thursday, and 12:00 noon to 1:00 a.m. on Friday and Saturday nights.

(5)

There must be a club manager present at all times that the club is open for business.

(6)

There must be no illegal drugs used or possessed on the club premises. Premises shall include parking areas, sidewalks, walkways, and access ways.

(7)

For businesses that wish to obtain a club license subsequent to enactment of this club article, a club cannot be established in any area within 750 feet of any school or within 750 feet of another club, within 750 feet of any type of residential zoned district, or within 750 feet of a public park or public building.

(8)

The occupant load determination for any club shall not include calculation of the dance floor or stage area, if any, in such determination. Occupant loads shall also be determined by taking into consideration seating capacity limits, which are that all customers and patrons shall be required to be seated at all times when not entering, leaving or using any facilities including any dance floor.

(Ord. No. 2641, § 1, 10-9-00; Ord. No. 2685, § 3, 10-22-01)

Exempted from the operation of this club article are events that are sponsored or held by the following:

(1)

Any school using school property or leasing public property and the event is a regularly scheduled event for students of the school.

(2)

Any private, non-profit club or organization using the club or organization's private property and the event is restricted to members of the club or organization.

(3)

The city for special events that use public property and include dancing as only a feature or segment of the event.

(Ord. No. 2641, § 1, 10-9-00)

(a)

Any violation of any provision of this article, in addition to revocation and/or suspension of a license, shall, upon conviction, be punished as provided in Section 1-8(a). Each day any violation of the provisions of this article occurs is considered a new violation.

(b)

Any club operated, conducted or maintained contrary to the provisions of this article or any ordinance or regulation of the city shall be, and the same is declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting an action under this article, commence an action or proceeding, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or close such club and restrain and enjoin any establishment contrary to the provisions of this article.

(Ord. No. 2641, § 1, 10-9-00)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contract for purchase means a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that the customer, for a fixed price and within a fixed period of time, not to exceed 90 days, has the option to cancel the contract and recover from the pawnbroker the tangible personal property.

Fixed price means the amount agreed upon to cancel a contract for purchase during the option period. The fixed price shall not exceed one-fifth of the original purchase price for each month, plus the original purchase price.

Fixed time means that period of time, not to exceed 90 days, as set forth in a contract for purchase, within which the customer may exercise an option to cancel the contract for purchase.

LeadsOnline is an online system, available free of charge to pawnbrokers, used to track and record information regarding contracts for purchase, pledges and purchase transactions for subscribing law enforcement agencies.

Local law enforcement agency means any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction.

Option means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may be but does not have to be canceled by the customer.

Pawnbroker means a person who, in the course of such person's business, is regularly engaged in the business of making contracts for purchase or is both regularly engaged in the business of making purchase transactions and regularly or occasionally makes contracts for purchase.

Pawnbroking means engaging in the business of a pawnbroker.

Purchase transaction means the purchase by a pawnbroker in the course of business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase.

Tangible personal property means all personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of business in connection with a contract for purchase or purchase transaction.

(Code 1975, § 16-1; Ord. No. 2267, § 1, 7-12-93; Ord. No. 3254, § 1, 8-13-13; Ord. No. 3483, § 1, 7-24-18; Ord. No. 3641, § 1, 1-10-23)

Cross reference— Definitions generally, § 1-2.

Any person violating any of the provisions of this article shall be punished as provided in Section 1-8(a). Each day a violation of the provisions of this article exists shall be considered a separate punishable offense.

(Code 1975, § 16-22; Ord. No. 2267, § 1, 7-12-93)

It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained an annually renewable and nontransferable pawnbroker's license issued by the city.

(Code 1975, § 16-2; Ord. No. 2267, § 1, 7-12-93)

(a)

A pawnbroker shall keep a numerical register in which shall be recorded the following information: the name, address, and date of birth of the customer; the customer's fingerprint; the customer's driver's license number or other identification which is allowed for sale of valuable articles pursuant to C.R.S. § 18-16-103, or for the sale of secondhand property pursuant to C.R.S. § 18-13-114; the date, time and place of the contract for purchase or purchase transaction; and an accurate and detailed account and description of each item of tangible personal property, including but not limited to any and all trademarks, identification numbers, motor vehicle identification numbers, serial numbers, model numbers, brand names, owner's identification numbers, and other identifying marks on such property. The pawnbroker shall also obtain a written declaration of the customer's ownership which shall state whether the tangible personal property is totally owned by the customer, or shall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned the property, whether the customer or someone else found the property, and, if the property was found, the details of the finding.

(1)

If the contract for purchase or the purchase transaction involves more than one item, each item shall be recorded on the pawnbroker's register and on the customer's declaration of ownership.

(2)

The customer shall sign their customer's name in the register and on the declaration of ownership and shall receive a copy of the contract for purchase or a receipt of the purchase transaction.

(3)

The register shall be made available to any local law enforcement agency for inspection upon request during business hours.

(4)

The pawnbroker shall keep each register for at least three years after the date of the last transaction entered in the register.

(b)

A pawnbroker shall hold all goods obtained pursuant to a contract for purchase within such pawnbroker's jurisdiction for a period of ten days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way.

(c)

A pawnbroker shall hold all property purchased by such pawnbroker through a purchase transaction for 30 days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property, shall not be displayed to the public, and shall not be changed in form or altered in any way.

(d)

Every pawnbroker shall provide the local law enforcement agency, on a weekly basis and, on a form to be provided or approved by the local law enforcement agency, a list of all tangible personal property accepted during the preceding week and one copy of the customer's declaration of ownership. The form shall contain the same information required to be recorded in the pawnbroker's register pursuant to subsection (a) of this section. The local law enforcement agency shall be provided two copies of the form and shall designate the day of the week on which the records and declarations shall be provided.

(e)

Every pawnbroker shall provide a secure location on the premises for keeping the tangible personal property of the customers.

(f)

In addition to the registry required by subsection (a), every pawnbroker may digitally photograph customers or may use digital recording equipment to record the image of all customers, as provided for herein, shall digitally photograph tangible personal property as detailed below, and video record all transactions, including those which do not result in a contract for purchase or purchase transaction.

(1)

The video recording media shall be in a format approved by the local law enforcement agency and of such quality that it clearly displays an identifiable image of the customer. All such video recordings shall be kept by the pawnbroker for a minimum of 90 calendar days and shall be subject to review immediately upon request by any authorized agent of the local law enforcement agency, or person otherwise authorized by law during business hours. If the video recording contains photographic evidence of the tangible personal property pledged or attempted to be pledged in any actual or proposed contract for purchase, it shall be held for 180 calendar days.

(2)

Every pawnbroker shall take a digital photograph of all customers entering into contracts for purchase or purchase transactions with the pawnbroker and for each item of tangible personal property, including the item's serial number or, in the case of a motor vehicle, the motor vehicle's vehicle identification number in all contracts for purchase. These photographs shall be attached to the books and records of each pledged property, under a contract for purchase, or tangible personal property acquired under a purchase transaction and shall be maintained with said document. The photographs shall be available for inspection by any authorized agent of the local law enforcement agency, or person otherwise authorized by law during business hours.

(i)

A pawnbroker may choose to realign the existing digital video recording equipment or surveillance equipment in a manner that will record a quality frontal view of customers at the point of sale for all transactions occurring within the business. If a pawnbroker business chooses to use such recording for this purpose, the pawnbroker business must have the Thornton Police Department approve such use and if approved, the pawnbroker business will not be required to take a digital photograph of every pawnbroker customer.

(ii)

All digital video recordings of customers at the point of sale for all transactions that occur within the pawnbroker business shall be maintained by the pawnbroker, with the contract for purpose transactions at 180 calendar days from the date of the transaction.

(g)

A pawnbroker shall maintain a computer system with internet access capability. Pawnbrokers shall maintain a subscription to the LeadsOnline online reporting service currently used by the police department. The pawnbroker shall upload all information from the pawnbroker's books and records regarding contracts for purchase, pledges and purchase transactions to the online report service and ensure the police department has access to the data, on a daily basis, during the term of the pawnbroker's license.

(Code 1975, § 16-13; Ord. No. 2267, § 1, 7-12-93; Ord. No. 3254, § 2, 8-13-13; Ord. No. 3312, §§ 1, 2, 9-23-14)

No licensee under this article or any principal, employee, agent or servant of such licensee shall engage in a purchase transaction or shall enter into a contract for purchase transaction with any customer without securing one of the following kinds of current and valid identification:

(1)

A Colorado driver's license;

(2)

Identification card issued in accordance with C.R.S. § 42-2-402, which is an identification card issued by the state;

(3)

A valid driver's license containing a picture, issued by another state;

(4)

A military identification card;

(5)

A valid passport;

(6)

An alien registration card; or

(7)

A non-picture identification document issued by a state or federal government entity.

(Code 1975, § 16-14; Ord. No. 2267, § 1, 7-12-93; Ord. No. 3254, § 3, 8-13-13)

(a)

No pawnbroker, employee, or agent of the pawnbroker shall enter into a contract for purchase or purchase transaction with any person under the age of 18 years or with any person under the influence of alcoholic beverages or drugs.

(b)

No pawnbroker, employee, or agent of the pawnbroker shall enter into a contract for the purchase or purchase transaction with any person known to be a thief or to have been convicted of larceny or burglary, without first notifying the city clerk or a member of the police department. Such notice shall not be deemed as authorization by the city for the pawnbroker to enter into any contract with such person.

(c)

With respect to a contract for purchase, no pawnbroker, employee or agent of a pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker which would result in the pawnbroker obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property.

(d)

No pawnbroker, employee or agent of a pawnbroker shall violate the terms of the contract for purchase.

(e)

No pawnbroker, employee or agent of a pawnbroker shall enter into a contract for purchase or purchase transaction for any tangible personal property wherein the identification number, serial number, model number, brand name, owner's identification number or other identifying marks on such property have been totally or partially obscured.

(f)

No pawnbroker, employee or agent of a pawnbroker shall enter into a contract for purchase or a purchase transaction when the property which is the subject of the contract for purchase or purchase transaction is other than tangible personal property.

(g)

The violation of this section by an agent or employee of a pawnbroker shall be deemed to be a violation of this section by the pawnbroker.

(Code 1975, § 16-15; Ord. No. 2267, § 1, 7-12-93)

Pawnbrokers shall accept intermediate payments upon a loan made under a contract for purchase which has not matured. No payment need be accepted which is less than ten percent of the unpaid principal balance together with accrued charges. A receipt showing the date of the payment and the amount shall be given to the customer for all monies received on account of or in payment of loans made under a contract for purchase.

(Code 1975, § 16-16; Ord. No. 2267, § 1, 7-12-93)

Under this article, if the customer fails or neglects to redeem such property upon the maturity of the contract for purchase by repayment of the balance of the principal and payment of all accrued interest charges, the pawnbroker shall immediately, upon the maturity of the contract for purchase, mail with sufficient postage a notice of the impending sale of the property delivered under the contract. Such notice shall be mailed to the customer at the address shown on the contract for purchase pertaining to the transaction. Ten days shall be allowed from the date of mailing of the notification for the customer to appear and reclaim the property or make satisfactory payments upon it. The pawnbroker shall not sell or otherwise dispose of the property prior to the expiration of the ten-day period.

(Code 1975, § 16-17; Ord. No. 2267, § 1, 7-12-93)

(a)

Any police officer may order a pawnbroker to hold any tangible personal property deposited with or in custody of any pawnbroker for purposes of further investigation. No sale or other disposition may be made of such property held by any pawnbroker while the hold order remains outstanding. Any such hold order shall be effective for 30 days only unless a criminal prosecution is undertaken in regard to any such property within such 30-day period, in which event the hold order shall be effective until the prosecution shall have been completed or dismissed.

(b)

If any police officer determines that any article of personal property held by a pawnbroker is stolen or illegally obtained property, such officer may immediately confiscate such property and must provide the pawnbroker with a receipt setting forth the basis for the confiscation.

(Code 1975, § 16-18; Ord. No. 2267, § 1, 7-12-93; Ord. No. 2403, § 5, 1-8-96)

It is unlawful for any pawnbroker to be open for business or to operate the establishment wherein the business of pawnbroking is carried on after 8:00 p.m. on any day other than Saturday; after 9:00 p.m. on Saturday; and before 8:00 a.m. on any day.

(Code 1975, § 16-19; Ord. No. 2267, § 1, 7-12-93; Ord. No. 3483, § 2, 7-24-18)

(a)

A pawnbroker who accepts any article in a purchase or contract of purchase transaction from a customer who is not the owner thereof obtains no title in the article either by reason of the expiration of the contract or by transfer of the receipt to the pawnbroker by the customer or holder thereof. Ignorance of the fact that the article was lost or stolen shall not be construed to affect the question of title. If the pawnbroker shall sell such article to a third person, the pawnbroker shall remain liable to the original owner in an action to recover the article. The lawful owner may, upon proof of ownership of the article lost or stolen, claim the article from the pawnbroker or recover the article by appropriate legal means including, without limitation, forfeiture of the fair market value of such article out of the bond required by Section 42-509.

(b)

A pawnbroker shall be liable for the loss of tangible personal property or part thereof or for damage thereto, whether caused by fire, theft, burglary or otherwise, resulting from such pawnbroker's failure to exercise reasonable care in regard to it.

(Code 1975, § 16-20; Ord. No. 2267, § 1, 7-12-93)

The city clerk shall issue a license according to the requirements of this division. The application for a license shall contain the information required in this division and any other pertinent information required by the city clerk. The license issued under this division shall be applicable only for the location identified in the license application. Each applicant shall pay a nonrefundable application fee, as established by resolution of the city council, at the time of filing an application.

(Code 1975, § 16-3; Ord. No. 2267, § 1, 7-12-93)

(a)

The annual license fee for carrying on the business of pawnbroking shall be as established by resolution of the city council, payable prior to issuance of the license. Any license issued pursuant to this division shall expire on December 31 of each year. Such license fee shall be prorated for the calendar year in which the pawnbroker's license is first issued. A pawnbroker's license issued pursuant to this division is not transferrable to either another person or a location other than that listed in the license application.

(b)

Every pawnbroker licensed, as provided herein, shall pay monthly, or as otherwise required by the city, a surcharge to the city for receipt of tangible personal property received as a result of entering into a contract for the purchase or a purchase transaction. The amount of the surcharge will be established by resolution of the city council.

(1)

Every pawnbroker shall be subject to audit by the city and shall be required to provide the city with accounts, books, ledgers or other records sufficient to verify, to the satisfaction of the city, that surcharges have been appropriately remitted.

(2)

Every pawnbroker shall file a report with the city and pay the required surcharges due to the city pursuant to this section on or before the twentieth day of the month for the preceding month's activity.

(3)

If any pawnbroker fails, neglects or refuses to pay or does not pay the proper amount, such deficiency will allow the city to impose an additional penalty fee and interest on said deficiency, which shall be added to such surcharges due and imposed. The penalty assessed shall be $15.00 or ten percent of the deficiency, whichever is greater, and interest assessed shall be at the annual rate of interest established by the state commissioner of banking pursuant to state law.

(c)

Failure to provide records or a failure to remit surcharges in accordance with this section shall constitute grounds for revocation of a pawnbroker license in addition to those grounds identified in Section 42-516(a).

(Code 1975, § 16-4; Ord. No. 2267, § 1, 7-12-93; Ord. No. 2455, § 1, 5-12-97; Ord. No. 3254, § 4, 8-13-13; Ord. No. 3312, § 3, 9-23-14)

Annual renewal requests for a pawnbroker's license must be filed with the city clerk no later than December 1 of each calendar year and shall be made under oath, stating that no events have occurred which would result in a different response than that contained in the original application or any renewal thereof. If circumstances have changed, the change shall be stated with particularity, and all questions in the application form shall be responded to appropriately. The request for renewal must include evidence of insurance coverage per the requirements of Section 42-510.

(Code 1975, § 16-5; Ord. No. 2267, § 1, 7-12-93)

As part of the licensing process under this division, the applicant shall furnish a good and sufficient bond in the sum of $5,000.00 conditioned on the faithful observance of this article and conditioned on the safekeeping or return of all articles in pledge by such pawnbroker. The city's risk management division must approve the surety, and form of surety agreement, before a pawnbroker's license will be issued.

(Code 1975, § 16-6; Ord. No. 2267, § 1, 7-12-93)

As a part of the licensing process under this division, the applicant shall provide fire and property damage insurance for all property the pawnbroker holds by contract, in the minimum amount of one-half of such property's contracted value, in case of damage or destruction. The applicant must provide the city clerk proof of such insurance coverage before a pawnbroker's license is issued. The city's risk management division must approve the nature and extent of insurance coverage before a pawnbroker's license will be issued. Proof of this insurance coverage must be provided each time a request for renewal is filed with the city clerk's office.

(Code 1975, § 16-7; Ord. No. 2267, § 1, 7-12-93)

As a part of the licensing process under this division, the applicant shall obtain and submit to the city clerk a letter from the development director stating that the zoning of the property permits a pawnbroking establishment or, if applicable, will allow for such use if the pawnbroker obtains a development plan.

(Code 1975, § 16-8; Ord. No. 2267, § 1, 7-12-93; Ord. No. 2656, § 28, 2-12-01; Ord. No. 3745, § 38, 8-26-25)

(a)

Upon receipt of a properly completed application for a license required by this division, as determined by the city clerk, and payment of the application fee, the city clerk shall refer the application to the police department for investigation of the background, character and financial responsibility of each individual applicant and of the partners, officers, directors and/or holders of stock of a corporate applicant, as well as each person named as a manager of a proposed pawnbroker's establishment. Each individual applicant, partner, officer, director and/or holder of the corporate stock of a corporate applicant and all managers shall be designated in each application form, and each of them shall be photographed and fingerprinted by the police department.

(b)

If the police department background investigation confirms that the requirements of this division have been met and that the financial responsibility, experience, character and general fitness of the individual applicant and of the partners, officers, directors and/or holders of the stock of a corporate applicant and all managers are such as to command the confidence of the public and to warrant the belief that the business will be lawfully, honestly, and fairly operated pursuant to this article, the police department will recommend to the city clerk that a pawnbroker's license be issued. If the investigation reveals that the applicant, partner, officer, director and/or holder of the corporate stock of a corporate applicant and any of the managers, does not meet this criteria, the police department will recommend that the applicant's request for issuance of a pawnbroker's license be denied. Upon receipt of the police department's investigation, the city clerk shall either issue and deliver to the applicant a pawnbroker's license for use at the premises specified in the application, once the city clerk receives verification that the applicant has met the bond and insurance requirements, and has received either a compliance letter from the development director and/or any development plan required, or shall deny the applicant's request for a license in accordance with Section 42-513.

(Code 1975, § 16-9; Ord. No. 2267, § 1, 7-12-93; Ord. No. 2656, § 28, 2-12-01; Ord. No. 3745, § 39, 8-26-25)

(a)

The application for or renewal of a pawnbroker's license may be denied by the city clerk on grounds, including but not limited to the following:

(1)

An individual applicant, partner, officer or director of a corporation, and/or holder of the stock of a corporate applicant or manager of a pawnbroker's establishment, is not of such moral character as to ensure that the operations of the pawnbroker's establishment will be conducted lawfully or in a manner which will not be detrimental to the public interest or well-being as determined by the police department's investigation. Such individual applicant having been adjudged in any civil or criminal proceeding to have engaged in business or trade practices prohibited by law, or convicted of any felony or other offense involving moral turpitude shall be considered in determining whether the individual applicant, manager, partner, director and/or holder of the applicant's stock is a person of good moral character.

(2)

Failure to comply with any law, rule or regulation relating to the conduct or operation of any pawnbroker's business.

(3)

The suspension or revocation of any pawnbroker license ever issued to the applicant.

(b)

The city clerk shall make a decision to accept or deny the applicant's license or renewal thereof no later than 30 days after the clerk has received all forms, documents and items required of the applicant by this division and the results of the police department's investigation required by Section 42-512.

(c)

The city clerk shall not deny an applicant's request for a license without notice to the applicant of the reasons for such denial, and without the applicant being given an opportunity for an appeal of the city clerk's decision, as set forth in Section 42-516(d).

(Code 1975, § 16-10; Ord. No. 2267, § 1, 7-12-93)

In the event of a change in managers of the pawnbroker's business, disclosure in writing by amendment of the original application for issuance of a pawnbroker's license thereof shall be made to the city clerk. The new manager shall be photographed, fingerprinted and investigated as required in Section 42-512. Failure of a manager to meet the prescribed standards and qualifications of Section 42-512 shall constitute grounds for revocation, suspension, or nonrenewal of the license.

(Code 1975, § 16-12; Ord. No. 2267, § 1, 7-12-93)

A pawnbroker's license issued under this division is specific to the location of the pawnbroker's business at the time the license is issued. Any change in location of a licensed pawnbroker under this division shall be treated as a new license application, with the exception that the bond required by Section 42-509, which may be used for an approved new location upon notification of change of address to the surety issuing the bond. A copy of the change of location notice to the surety shall be included in the new application.

(Code 1975, § 16-21; Ord. No. 2267, § 1, 7-12-93)

(a)

A pawnbroker's license may be revoked under this division if the licensee:

(1)

Fails, at any time, to meet the qualifications required of an applicant by this division;

(2)

Violates any provision of this article or this Code or other ordinance of the city governing the activities permitted by the license;

(3)

Obtained the license by fraud or misrepresentation; or

(4)

Has final conviction of any offense involving moral turpitude, including but not limited to theft, fraud, robbery, burglary, larceny, or deceit; and such conviction, as determined by the police department, would create a danger to the public health, safety, or welfare if the licensee were to continue to engage in such conduct.

(b)

If the city clerk is made aware of the grounds in subsection (a) of this section, the city clerk shall have the authority to revoke the license for the remainder of its term.

(c)

Before the hearing required by subsection (d) of this section, the city clerk may suspend a license for up to 15 days, if the clerk determines that the suspension is immediately necessary for the protection of the public health, safety, or welfare. The clerk may include in the temporary suspension reasonable orders or conditions with which the licensee shall comply to protect any work in progress and the public health, safety, or welfare. Any breach of such conditions or orders is an independent ground for revocation of the license.

(d)

Except for such emergency suspension authorized by subsection (c) of this section, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing to contest the suspension or revocation. Such hearing shall be held within 20 days of a written request for the hearing filed with the city clerk's office by the licensee affected. Appeal of the denial of a request for issuance of a pawnbroker's license or renewal thereof shall be conducted according to this subsection. The hearing shall be conducted as follows:

(1)

Upon receipt of a request for hearing, the city manager shall designate a hearing officer to decide the matter, and will notify the applicant or licensee of the hearing date by mail.

(2)

The hearing officer is granted the authority to sustain, reverse or modify the city clerk's decision and/or, upon a showing by the applicant or licensee of mitigating factors, may suspend the license for a period of time and/or impose on the applicant or licensee reasonable conditions on the license or any renewal thereof to secure compliance with the standards of this article.

(3)

Any hearing presented pursuant to this subsection shall be conducted in conformance with standards of procedural due process applicable to administrative hearings, including the right to present testimony and to confront witnesses.

(4)

The hearing officer shall apply the standard for review whether the city, through the order of revocation, suspension, or denial, abused its discretion, acted arbitrarily or acted in excess of its authority under this division. Additionally, the licensee or applicant shall have the burden to show by a preponderance of the evidence why the revocation, suspension, or denial of the license or renewal thereof was improper under this standard. It shall also be the burden of the licensee to establish mitigation in contesting any order of revocation or suspension.

(5)

The hearing officer shall conduct the hearing within 20 days of the filing of the request for hearing and shall enter written finding of fact and conclusions of law, which shall be mailed to the licensee or applicant at the address shown on the license application. The hearing officer's decision shall be effective within three days of the date of the written finding required by this subsection.

(e)

If, after a hearing, the suspension or revocation is upheld, the city clerk may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety, and welfare.

(f)

No person whose license is revoked under this section may receive a refund of any part of the license fee paid for the license.

(g)

No person who has had a license suspended or revoked under this section is entitled to obtain the license or any similar license under this division during the period of suspension or revocation, either in the person's own name or as a principal in another business that applies for a license.

(Code 1975, § 16-11; Ord. No. 2267, § 1, 7-12-93)

It is the purpose and intent of this article to impose reasonable time, place and manner regulations on sexually oriented business in order to promote the health, safety, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the deleterious effects caused by the location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects which have been shown to exist from such sexually 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 sexually oriented materials and activities. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials and activities protected by the First Amendment of the United States Constitution or the State Constitution, or to deny access by the distributors and exhibitors of 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.

(Code 1975, § 18-1; Ord. No. 2367, § 1, 1-23-95)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore means:

(1)

A commercial establishment which (i) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; or (ii) receives a significant or substantial portion of its revenues from; or (iii) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale or viewing, for any form of consideration, of books, magazines, periodicals or other printed matter, or photographs, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(2)

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. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore so long as the provisions of subsection (1) of this definition are otherwise met.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features: (i) persons who appear nude or in a state of nudity or seminude; (ii) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (iii) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

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, videocassettes, slides or other photographic reproductions which can be described as depicting specified sexual activities or specified anatomical areas and which 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 subrent a sleeping room for a time period of less than ten hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration and to six or more persons.

Adult novelty business means a commercial establishment which (i) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; or (ii) receives a significant or substantial portion of its revenues from; or (iii) devotes a significant or substantial portion of its advertising expenditures to the promotion of the sale of devices which simulate human genitals or devices which are designed for sexual stimulation. Other business purposes will not serve to exempt such establishment from being categorized as an adult novelty business.

Adult theater means a theater, concert hall, auditorium, or similar 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 by specified sexual activities.

Applicant means the person listed as an applicant on the application for a license and a person applying for renewal of an existing license and who shall be an owner or principal owner of the business.

Building inspection division means the building inspection division for the City of Thornton.

Business means a sexually oriented business as defined in this section.

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

Escort means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person who furnishes, offers to furnish, or advertises to furnish escorts as part of its business purposes for a fee, tip, or any form of consideration.

Establishment of a sexually 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 a sexually oriented business;

(3)

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

(4)

The relocation of a sexually oriented business.

License means a sexually oriented business license applied for or issued pursuant to Division 2 of this article.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued and who shall be an owner or principal owner of the business.

Manager means an employee, 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 or in charge of a permitted or licensed sexually oriented 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:

(1)

The appearance of a human bare buttock, anus, genitals, or the areola or nipple of the female breast; or

(2)

A state of dress which fails to opaquely and fully cover a human buttocks, anus, genitals, or areola or nipple of the female breast.

Owner means a person owning, directly or beneficially, any interest or part interest, however identified, in a sexually oriented business. However, the term owner shall not include corporate stockholders unless such stockholders are also officers, directors or employees who have direct management responsibilities.

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

Person means an individual, sole proprietorship, partnership, corporation, limited liability company, association, organization, or other recognized entity, including an applicant, licensee, manager, owner, or principal owner.

Premises or licensed premises means any premises that requires a license and that is classified as a sexually oriented business.

Principal owner means any person owning, directly or beneficially:

(1)

Ten percent or more of a corporation's corporate stock;

(2)

Ten percent or more of a membership interest in a limited liability company;

(3)

In the case of any other recognized entities, ten percent or more of the ownership interests in the entity; or

(4)

The general partner of a limited partnership, regardless of the percentage of ownership.

However, the term principal owner shall not include corporate stockholders unless such stockholders are also officers, directors or employees who have direct management responsibilities.

Private room means a room in an adult motel that is not a peep booth, that has a bed and a bath in the room or adjacent room, and that is capable of being used for lodging.

Public park means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, wilderness area, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

School means any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges and universities. The term "school" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae 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 establishment that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult novelty business, adult theater, sexual encounter establishment, escort agency or nude model studio or any business that holds a license issued under Division 2 of this article. The definition of a sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person engages in medically approved and commonly recognized sexual therapy.

Specified anatomical areas means human genitals less than completely or opaquely covered, including the pubic region, buttocks, or anus; female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely or opaquely covered.

Specified criminal acts means sexual crimes against children, sexual abuse, rape 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:

(1)

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

(2)

Sex acts, 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.

(5)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) of this definition.

Transfer of ownership or control of a sexually 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 trust, management arrangement, gift or other similar legal device 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.

(Code 1975, § 18-2; Ord. No. 2367, § 1, 1-23-95; Ord. No. 2404, § 1, 2-12-96)

Cross reference— Definitions generally, § 1-2.

(a)

It shall be unlawful for any licensee, owner, principal owner, or a manager to knowingly operate or cause to be operated a sexually oriented business if the business:

(1)

Does not have a sexually oriented business license.

(2)

Has a license which is under suspension.

(3)

Has a license which has been revoked.

(4)

Has a license which has expired.

(5)

Has an employee acting as a manager without a sexually oriented business manager's license.

(6)

Has not paid an application fee, a license fee, or a manager's license fee.

(b)

It shall be unlawful for a licensee, owner, principal owner, or a manager to knowingly allow or permit the following:

(1)

Operation of licensed premises in violation of any municipal ordinance, state or federal law or any applicable state or county health department's regulation.

(2)

Operation of licensed premises in violation of any of the regulations contained in Section 42-554.

(3)

Noncompliance with the requirements of Section 42-581(d).

(4)

Transfer or attempt to transfer a license without complying with Section 42-586.

(5)

Change, alter, or modify the licensed premises of a sexually oriented business, or attempt to do so without complying with Section 42-587.

(6)

In the case of a corporation licensee, operation of a sexually oriented business when the corporation is suspended or not in good standing with the secretary of state's office where the corporation is incorporated, or authorized to do business.

(c)

It shall be unlawful for an owner, principal owner, or a manager to knowingly:

(1)

Make a false statement on an application for a license or fail to disclose facts as required by Section 42-581(d).

(2)

Permit any person, employee or patron on the licensed premises who has not attained the age of 18 years, except for establishments which offer on-premises viewing of films or videos or have live entertainment, in which case, the age restriction shall be 21 years.

(3)

Engage in or allow patrons or employees to be engaged in any specified sexual activity on the licensed premises.

(4)

Fail to comply with or allow any patron or employee to violate any of the regulations contained in Section 42-554.

(d)

It shall be unlawful for any person to knowingly:

(1)

Enter or remain on the licensed premises when such a person has not attained the age of 18 years, except for establishments which offer on-premises viewing of films or videos or have live entertainment, in which case, the age restriction shall be 21 years.

(2)

Commit or engage in any specified sexual activity on the licensed premises.

(3)

Touch, fondle, caress or come in physical contact with the specified anatomical areas of any performer, entertainer, waitress, waiter, or employee of the sexually oriented business.

(e)

Penalties.

(1)

Any violation of subsection (a) or (b) of this section shall be punishable by a fine in a minimum amount of $250.00 and the maximum fine authorized by Section 1-8, plus all applicable court costs.

(2)

Any violation of subsection (c) or (d) of this section shall be punishable by a maximum penalty prescribed in Section 1-8(b).

(3)

Each day a licensed premises is in violation of subsection (a) or (b) of this section shall be considered a separate and distinct offense.

(f)

It is an affirmative defense to prosecution for a violation of this article that an owner, principal owner, patron or employee of a sexually oriented business exposed any specified anatomical area during such person's bona fide use of a restroom, or in the case of an employee during the employee's bona fide use of a dressing room which is accessible only to employees.

(Code 1975, § 18-15; Ord. No. 2367, § 1, 1-23-95; Ord. No. 2404, § 3, 2-12-96; Ord. No. 3266, § 9, 9-24-13)

(a)

Inspection of the premises. An applicant, licensee, owner, principal owner, or manager shall permit representatives of the building inspection division, the fire department, or the police department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied by anyone or open for business.

(b)

Exhibition of sexually explicit films or videos in peep booths. A licensee, owner, principal owner, or manager who operates or causes to be operated a sexually oriented business which exhibits, on such sexually oriented business premises, a film, videocassette or other video reproduction in a peep booth, which depicts specified sexual activities or specified anatomical areas, shall comply with the following:

(1)

The 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 as provided for in this subsection and Section 42-587(b)(4) may be made without the prior approval of the city clerk.

(2)

At least one employee must be on duty and situated at a manager's station at all times that any patron is present inside the sexually oriented business premises.

(3)

The interior of the sexually oriented business premises shall be configured in such a way that there is an unobstructed view from a manager's station of every area to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video display equipment. If the sexually oriented business premises has two or more manager's stations designated, the interior of the sexually oriented business premises shall be configured in such a manner that there is an unobstructed view of each area to which any patron is permitted access for any purpose from at least one of the manager's stations. 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 doors, walls, merchandise, display racks or other materials at all times, and no patron shall be permitted access to any area which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 42-581.

(4)

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

(5)

No door shall be placed 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.

(c)

Hours of operation.

(1)

A sexually oriented business shall not be open for business nor shall the licensee, owner, principal owner, manager or any employee allow patrons upon the licensed premises:

a.

On any Monday through Friday from 12:00 a.m. to 8:00 a.m. and on any Saturday from 2:00 a.m. to 8:00 a.m.

b.

On any Sunday, except that sexually oriented businesses which do not provide on-premises live entertainment, films, or video are allowed to operate on Sunday between the hours of 12:00 p.m. and 10:00 p.m.

(2)

This subsection shall not apply to those areas of an adult motel which have private rooms.

(d)

Minimum age. The licensee, owner, principal owner, manager or any employee of the licensee shall not allow or permit anyone under the age of 18 years to be in or upon licensed premises, except for establishments which offer on-premises viewing of films or videos or have live entertainment, in which case the age restriction shall be 21 years.

(e)

Lighting regulations. Excluding a private room of an adult motel, each licensee, owner, principal owner or manager must ensure that the interior portion of the premises of a sexually oriented business, to which patrons are permitted access, is 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.

(f)

Adult theaters and adult cabarets. 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 and immovable. 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.

(g)

Conduct for sexually oriented businesses.

(1)

No licensee, owner, principal owner, manager or employee mingling with the patrons or serving food or drinks shall be in a state of nudity.

(2)

No licensee, owner, principal owner, manager or employee shall knowingly encourage or permit any person upon the premises to touch, caress or fondle the breasts or specified anatomical areas of any person.

(3)

A licensee, owner, principal owner, or manager shall comply, in addition to the regulations contained in this subsection, with those specific regulations concerning the conduct of liquor licensed premises contained in Section 42-157, which section is incorporated in this article by this reference.

(h)

Sexually oriented businesses dealing with employee tips.

(1)

No employee of a sexually oriented business shall receive tips from patrons except as set forth in subsection (h)(2) of this section.

(2)

A licensee, owner, principal owner or manager wanting 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 patrons into the tip box. Any sexually oriented business which offers tip boxes as provided for in this subsection shall post one or more signs to be conspicuously visible to the patrons on the premises in capital letters at least one inch in height, and the coloring of the letters is to be in clear contrast to the background and is to read as follows:

All tips are to be placed in the tip box and not handed directly to the employees. Any physical contact between the patron and employees is strictly prohibited.

(Code 1975, § 18-14; Ord. No. 2367, § 1, 1-23-95; Ord. No. 2404, § 2, 2-12-96; Ord. No. 3666, § 13, 9-26-23)

(a)

All sexually oriented businesses operating in the city must have a valid annually renewable license issued by the city.

(b)

A license can be obtained through the application and licensing process described in this division.

(c)

Any sexually oriented business operating in the city upon the effective date of the ordinance from which this article derives and subject to Section 18-328(h) shall have 60 days to file an application with the city clerk for a license. During the 60 days and throughout the application process, the business will be allowed to operate. Once an application has been accepted by the city clerk, the business will be allowed to remain open until notification that a request for a license has been denied.

(d)

Any person desiring to operate a sexually oriented business shall file with the city clerk an original and two copies of a fully completed and sworn license application on the standard application form supplied by the city clerk. Completeness of the application shall be determined by the city clerk. Each such person and each owner and principal owner, member of a limited liability company, officer, director, or any person holding ten percent or more of the corporate stock of a corporation, and all managers, shall be named in the application form, and each of the persons so named shall be photographed and fingerprinted by the police department.

(1)

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

a.

If the applicant is:

1.

An individual, the individual shall state such individual's legal name and any aliases, date of birth, and submit satisfactory proof that such individual is 21 years of age; or

2.

A legal entity, or other recognized entity, the applicant shall state 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 this state, that it is registered to do business in this state; the names and any aliases, dates of birth, and capacity of all officers, directors, managers, and principal owners; and the name of the registered agent and the address of the registered office for service of process, if any.

b.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant must state the sexually oriented business' fictitious name.

c.

Whether the applicant or any other individual listed in subsection (d)(1)a of this section has been convicted of a specified criminal act within the times set forth in Section 42-583(d)(1)i and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

d.

Whether the applicant or any other individual listed in subsection (d)(1)a of this section has had a previous license under this or any other type of sexually oriented business licensing process, law or ordinance from any type of governmental entity anywhere in the United States denied, suspended or revoked and, if so, the name and location of the sexually oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension, or revocation.

e.

Whether the applicant or any other individual listed in subsection (d)(1)a of this section has been a partner in a partnership or a principal owner of a corporation or legal entity or other recognized entity whose license has previously been denied, suspended or revoked and, if so, the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.

f.

Whether the applicant or any other individual listed in subsection (d)(1)a of this section holds any other licenses under this division or any other type of sexually oriented business licensing process, law or ordinance from any type of governmental entity anywhere in the United States, and if so, the names and locations of such other permitted businesses.

g.

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

h.

Proof of ownership or the applicant's right to possession of the property.

i.

The applicant's mailing address and residential address.

j.

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and showing all interior walls and rooms. 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.

k.

A current certificate and straight-line drawing prepared within 30 days prior to an initial application by a state-registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this article or Chapter 18 as applied to sexually oriented businesses which are located within 1,000 feet of the property to be certified; and the property lines of any religious institution, school, public park, public building, residentially zoned property with a density of three or more dwellings units per acre or any other sexually oriented business (the survey). 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.

l.

If a person who wishes to operate a sexually oriented business is an individual, such person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each owner and principal owner of the business must sign the application for a license as applicant.

(2)

The city clerk, upon receipt of an application, shall determine whether a proposed sexually oriented business, for which a license application has been submitted, complies with the requirements of this section and is a complete application. If the application complies with this section, it will be accepted.

(e)

An applicant for a license under this division shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any material way from what is stated on the application. The failure to comply with such continuing duty within 30 days from the date of such change shall be grounds for suspension of a license.

(f)

In the event that the city clerk determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, the city clerk shall promptly notify the applicant of such fact and allow the applicant to properly complete the application.

(g)

The application process described in this section must be repeated for each year that a licensee wishes to renew a license.

(h)

The applicant shall pay a nonrefundable application fee, as established by resolution of the city council, at the time of filing an application under this section and at the time of filing of each annual renewal.

(i)

The fact that a person possesses other types of state or city licenses does not exempt such person from the requirement for obtaining a license issued pursuant to this division.

(Code 1975, § 18-3; Ord. No. 2367, § 1, 1-23-95; Ord. No. 3165, § 8, 4-12-11; Ord. No. 3745, § 40, 8-26-25)

Upon receipt of a completed application and upon payment of the nonfundable application fee as required in Section 42-581, the city clerk shall immediately stamp the application as filed which shall constitute acceptance of the application. The city clerk will then send photocopies of the application to the police department and the building inspection division and any other affected department or agency. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities. The investigation shall be completed within 40 days of the date of the application was filed with the city clerk. At the conclusion of an investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date and sign the photocopy of the application and, in the event of disapproval, state the reasons therefor. Each department or agency shall then return the photocopy of the application to the city clerk. The police department shall only be required to provide the information specified in Section 42-583(d)(1)i.

(Code 1975, § 18-4; Ord. No. 2367, § 1, 1-23-95)

(a)

Acceptance of application. Once an application has been accepted by the city clerk, it shall be considered a request for a license to operate a sexually oriented business. An application may be accepted under the requirements of Section 42-581(c) and Section 42-582, but the request for a license may be denied pursuant to subsection (d) of this section.

(b)

Time limit for determination, decision. The city clerk shall either issue a license or deny a request for issuance of a license within 60 days from the date the application is accepted by the city clerk. Upon the expiration of the 60th day, the applicant shall be permitted to begin operating the business for which the license is sought, unless and until the city clerk notifies the applicant of a denial of the application or license and states the reason for that denial.

(c)

Issuance.

(1)

The city clerk shall issue a license unless one or more of the criteria set forth in subsection (d)(1) of this section is present.

(2)

The license, if issued, shall state on its face the name of the person to whom it is issued, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place or at or near the entrance to the sexually oriented business. A license issued pursuant to this section shall be transferable only pursuant to Section 42-586.

(d)

Denial.

(1)

The city clerk shall deny a request for issuance of a license for any of the following reasons:

a.

An applicant is under 21 years of age;

b.

In the case of renewal, if the applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed or imposed upon the sexually oriented business;

c.

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

d.

The premises to be used for the sexually oriented business have been disapproved by an inspecting agency on the grounds that the proposed sexually oriented business is in violation of any standard, regulation, law or ordinance adopted or administered by such agency;

e.

The application or license fees have not been paid;

f.

An applicant is found to be in violation of, or is not in compliance with, any relevant statutes, codes, ordinances, regulations or other laws in effect in the city;

g.

The granting of the application would violate a court order issued out of any court of competent jurisdiction;

h.

The applicant has had a license issued under this division which had been suspended or revoked within the previous 12 months;

i.

An applicant has been convicted of a specified criminal act or acts for which:

1.

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;

2.

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

3.

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 specified criminal act may qualify for a license only when the time period required in this subsection has elapsed;

j.

The corporation for which a license has been issued or requested is not in good standing as required by the secretary of state of the state in which the corporation is incorporated; or

k.

If an applicant has had a license issued under this division or any other similar sexually oriented business ordinance from another city or county denied, suspended, or revoked for cause within five years of the date of the application.

(2)

In the event that the city clerk denies a request for issuance of a license, after having received and compiled information concerning the proposed business from all relevant sources, the city clerk shall make written findings of fact stating the reasons for the denial and will so notify the applicant within five days of such decision. An applicant shall be entitled to a hearing on a decision to deny before the city manager. A written request for such a hearing shall be made to the city manager within 30 days of the date of the city clerk's decision to deny a request for issuance of a license. This hearing shall follow all the relevant procedures set forth for a suspension or revocation of a license contained in Section 42-591(d).

(3)

If, at the hearing referred to in subsection (d)(2) of this section, the city manager determines that the applicant is ineligible for a license pursuant to subsection (d)(1) of this section, the city manager shall issue an order affirming the city clerk's denial, within 30 days after the date of the hearing is concluded, based on the findings of fact advanced at the hearing. A copy of the order shall be mailed to, postage prepaid, or be served on the applicant at the address shown in the application.

(4)

The order of the city manager made pursuant to subsection (d)(3) of this section shall be a final decision and may be appealed to the district court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Failure of an applicant to timely appeal the city manager's decision constitutes a waiver by the applicant of any right to contest the decision.

(5)

Notwithstanding any other time periods set forth in this division, no license shall be issued by the city clerk until the building in which the business is to be housed is ready for occupancy with such furniture, fixtures, and equipment in place as necessary to comply with the provisions of this article as well as any other requirements determined by the building inspection division, and then only after inspection of the premises has been made by the building inspection division to determine that the applicant has complied with the plans and specifications submitted upon application. If the licensed location has been inactive, or if the construction of the building has not commenced within one year after approval of the request for issuance of a license, the city clerk, at the city clerk's discretion, may revoke, suspend or elect not to issue or renew the license. Such discretion also exists if the building fails to be in operation within two years of granting approval for the issuance of a license.

(e)

Notification. Notification under this division shall mean a mailing to the licensee by regular mail, postage prepaid, at the address listed on the license application, and the effective date for the notice shall be counted from the date of such mailing. Any notification made or required of the applicant, licensee, or other private party under this division shall be considered received by the city within the time periods specified.

(Code 1975, § 18-5; Ord. No. 2367, § 1, 1-23-95)

(a)

The annual license fee, including renewal fees, for a license required under this division shall be as established by resolution of the city council. This fee does not include the application fee required by Section 42-581(h).

(b)

The annual license fee, including renewal fees, for a manager's license of a sexually oriented business is as established by resolution of the city council.

(Code 1975, § 18-6; Ord. No. 2367, § 1, 1-23-95)

(a)

Each license required under this division shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 42-581 and payment of the application fee; for renewals, filing of the original survey shall be sufficient. Application for renewal of a license shall be made at least 60 days before the expiration date of the license. If a renewal application is submitted less than 60 days before the expiration date of the license, the expiration date of the license will not be continued and the applicant/licensee will be accepting the risk that the request for a renewal of the license may not be completed in time to ensure continuous operation of the business. An expired license is invalid.

(b)

The city clerk may deny a request for renewal on the same grounds as stated in Section 42-583(d)(1). If the city clerk denies a request for renewal of license and then finds that the basis for the denial has been corrected, the applicant shall be so notified and a renewal of the license will be processed if at least 30 days have elapsed since the date the application for renewal was denied and the correction has occurred within six months of submitting the application for renewal.

(Code 1975, § 18-7; Ord. No. 2367, § 1, 1-23-95)

(a)

A licensee, owner, principal owner or manager shall not operate a sexually oriented business under the authority of a license issued pursuant to this division at any address other than the address designated in the application for license.

(b)

A licensee shall not transfer a license issued under this division either directly or indirectly to any person unless and until such person:

(1)

Files the equivalent of a new application with the city clerk and a new license is issued pursuant to this division; and

(2)

Pays a transfer fee of 20 percent of the annual license fee.

(c)

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

(d)

A license cannot be transferred to a different location.

(e)

A license issued pursuant to this division is invalid if there is any attempt to transfer the license either directly or indirectly in violation of this section.

(Code 1975, § 18-11; Ord. No. 2367, § 1, 1-23-95)

(a)

After the issuance of a license under this division, the licensee shall make no physical change, alteration or modification of the licensed premises which materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license. If the licensee wishes to make a physical change, alteration, or modification, the licensee must apply for a new license under the application provisions in Section 42-581.

(b)

For purposes of this section, physical changes, alterations or modifications of the licensed premises or in the usage of the licensed premises requiring prior written consent shall include but not be limited to the following:

(1)

Any increase or decrease in the total size or capacity of the licensed premises.

(2)

The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage permits access to the licensed premises from or between public streets or thoroughfares, adjacent or abutting buildings, rooms or premises.

(3)

Any change, alteration or modification to a peep booth which would result in increasing the size of the peep booth to more than 150 square feet of floor space.

(4)

Any change, alteration or modification of the manager's station for sexually oriented businesses which exhibit sexually explicit films or videos in peep booths.

(5)

Any material change in the interior of the licensed premises that would alter or affect the physical structure that existed in the floor plan on file with the latest application. This shall not apply to painting and redecorating of premises; the installation or replacement of electric fixtures or equipment, plumbing, refrigeration, air conditioning or heating fixtures and equipment; the lowering of ceilings; the installation and replacement of floor coverings; the replacement of furniture and equipment, and other similar changes.

(Code 1975, § 18-12; Ord. No. 2367, § 1, 1-23-95)

(a)

If a sexually oriented business desires to employ a manager, such business must have a manager licensed pursuant to this section, except an owner or principal owner may act as a manager, in which case such owner or principal owner need not have a manager's license.

(b)

Any manager of a sexually oriented business shall submit an application for a manager's license on a form to be provided by the city clerk. The application shall contain the applicant's name and any aliases, residential address, date of birth, phone number, and the information required in Section 42-581(d)(1)a. The city clerk shall grant the application within 20 days of its filing unless:

(1)

The applicant is under age 21.

(2)

The applicant has failed to provide the information required by this section or has failed to completely fill out the application.

(3)

The license fee for a manager's license, as required by Section 42-584, has not been paid.

(4)

The applicant has been convicted of a specified criminal act within the times set forth in Section 42-583(d)(1)i.

(5)

The applicant is a manager of a sexually oriented business that is not operating in compliance with any provisions of relevant statutes, codes, ordinances, regulations or other laws in effect in the city.

(c)

There is no requirement that a sexually oriented business must have a manager separate and distinct from an owner or principal owner.

(d)

A manager's license will be valid as long as the manager is employed in that capacity. Each new manager for a business must have a manager's license issued pursuant to this section.

(Code 1975, § 18-13; Ord. No. 2367, § 1, 1-23-95)

(a)

The city clerk shall suspend a license issued under this division if the city clerk finds that:

(1)

A licensee, owner, principal owner or manager has:

a.

Violated or is not in compliance with any section of this article including the regulations provided for in Section 42-554 or has been convicted of or plead guilty or nolo contendere to the prohibitions contained in Section 42-553 or any specified criminal acts;

b.

Been found to have operated or been found guilty of operating the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, such determination being based on investigation by the division, department or agency charged with enforcing such rules or laws. In the event of such a statute, code, ordinance or regulation violation and if the violation is of a type that can be corrected, the city clerk shall 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 city clerk shall forthwith suspend the license and shall notify the licensee of the suspension;

c.

Engaged in a license transfer contrary to Section 42-586. In the event that the city clerk suspends a license on the ground that a licensee engaged in a license transfer contrary to Section 42-586, the city clerk shall forthwith notify the licensee of the suspension. The suspension shall remain in effect until the procedure for transfer as set forth in Section 42-586 has been followed;

d.

Failed to comply with the continuing duty of the applicant or licensee to supplement an application requesting issuance of a license pursuant to Section 42-581(e); or

e.

Operated the sexually oriented business when the corporation in whose name the license is held is no longer in good standing according to the secretary of state of the state under which the corporation is incorporated.

(2)

An employee of the licensee has been convicted of or plead guilty or nolo contendere to:

a.

Any specified criminal acts; or

b.

The prohibitions contained in Section 42-553(d).

(b)

In the event the city clerk determines a license should be suspended, after having received information demonstrating or evidencing violation of this section, the city clerk shall make written findings of fact stating the reasons for the suspension and will notify the licensee within five days of such decision. All license suspensions under this section shall be for a period of 30 days. The 30 days shall commence 11 calendar days from the date the city clerk notifies the licensee of the grounds for suspension. In the event that the violation of the statute, law, ordinance or regulation in question has not been corrected within the 30-day suspension period, the suspension will continue until the violation has been corrected, as verified by the city clerk. If the violation has not been corrected within six months, the city clerk will have the authority to revoke the license according to the procedures set forth in Section 42-591.

(c)

A licensee shall be entitled to a hearing before the city manager if the city seeks to suspend a license under this section. The licensee shall have ten days to request such hearing after the licensee has received notification of the city clerk's decision to suspend the license. If the city clerk receives a request for a hearing by a licensee, the city manager will schedule such hearing within 14 days of receipt of the request and will so notify the licensee of the date and time of the hearing. The hearing shall follow all the relevant procedures set forth in Section 42-591(d).

(Code 1975, § 18-8; Ord. No. 2367, § 1, 1-23-95)

(a)

Where the city clerk has reasonable grounds to believe and finds that a licensee under this division has been guilty of a willful violation of any applicable law, ordinance, rule or regulation and, as a result, there exists an imminent threat to the public health, safety or welfare which requires emergency action, the city clerk may temporarily and summarily suspend the license pending a request for proceedings by the licensee.

(b)

The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing shall be for a period not to exceed 15 days. The licensee, during this time period, may request a hearing provided for in Section 42-591(d). If the licensee does not request a hearing within the 15 days, the license shall remain suspended for an additional 15 days or until the reason for the summary suspension and imminent threat to the public health, safety or welfare has been eliminated. If the reason for the summary suspension has not been corrected within six months, the city clerk will have the authority to revoke the license according to the procedures set forth in Section 42-591.

(Code 1975, § 18-9; Ord. No. 2367, § 1, 1-23-95)

(a)

Subject to the appeal provisions provided in this section, the city clerk shall revoke a license issued under this division upon determining that:

(1)

A cause for suspension as set forth in Section 42-589 occurs and the license had previously been suspended within the preceding 12 months;

(2)

A license has been suspended under Section 42-589 and the licensee has failed to correct the violation for which the license was suspended within six months;

(3)

A licensee, owner, principal owner, or manager gave false or misleading information in the material submitted during the application process;

(4)

A licensee, owner, principal owner, manager or an employee has knowingly allowed possession, use or sale of controlled substances, as defined in C.R.S. § 12-22-301 et seq., to occur on the licensed premises of a sexually oriented business;

(5)

A licensee, owner, principal owner, manager or an employee has knowingly allowed prostitution to occur on the licensed premises of a sexually oriented business;

(6)

A licensee, owner, principal owner, manager or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(7)

A licensee, owner, principal owner, or manager has been convicted of a specified criminal act for which the time period set forth in Section 42-583(d)(1)i has not elapsed;

(8)

On two or more occasions within a 12-month period, a person committed an act or action which occurred in or on the premises, which act or actions constituted a specified criminal act for which a conviction has been obtained or a plea of guilty or nolo contendere had been entered and the person was an employee of the sexually oriented business at the time the act was committed. The fact that a conviction is being appealed shall have no effect on the revocation of the license;

(9)

A licensee, owner, principal owner, manager or an employee is delinquent in payment to the city or state for any taxes, fees or other financial obligations;

(10)

A licensee, owner, principal owner, manager or an employee has knowingly allowed any specified sexual activity to occur in or on the sexually oriented business premises;

(11)

A licensee, owner, principal owner, manager, or an employee has knowingly allowed any activity, conduct, or sale of material that has been found by a court of law to be obscene under Section 38-269; or

(12)

The licensee, owner, principal owner, manager or an employee has operated more than one sexually oriented business within the same building structure, or portion thereof.

(b)

In the event the city clerk determines that a license should be revoked, after having received information demonstrating or evidencing a violation of this section, the city clerk shall make written findings of fact stating the reasons for the revocation and will so notify the licensee within five days of such decision. A licensee shall be entitled to a hearing before the city manager if the city seeks to revoke a license under this section. A request for such hearing must be received by the city clerk within ten days of such request for a hearing. If the city clerk receives no request for a hearing within ten days of notification, the decision to revoke a license will be final. If the city clerk receives a request for a hearing by a licensee, the city manager will schedule such hearing within 14 days of receipt of the request and will so notify the licensee of the date and time of the hearing. The hearing shall follow all the relevant procedures set forth in subsection (d) of this section.

(c)

When the city clerk has determined that a license should be revoked, the revocation shall continue for a period of two years. A licensee, owner or principal owner of a sexually oriented business who has had a license revoked shall be ineligible to apply for a license for two years from the date the revocation became effective.

(d)

A licensee shall be entitled to a hearing before the city manager if the city clerk seeks to deny, suspend, or revoke a license issued pursuant to this division for reasons stated in this division, pursuant to the following procedure:

(1)

The city manager shall hear statements and consider all evidence, including the city clerk's findings, from the police department or other enforcement officers, the licensee, the owner, or principal owner, or other affected department or that any other witness shall offer which is relevant to the violation of any statute, law, ordinance, or regulation alleged to have occurred. The hearing shall be an informal quasi-judicial hearing with the rules of evidence used as a guide for the presentation of evidence. All testimony by witnesses must be sworn testimony; the city manager shall swear in all witnesses. The city manager shall make findings of fact and issue an order from the statements, evidence and arguments offered. The burden of proof is on the city to show that a violation of any statute, law, ordinance or regulation occurred or that actions constituting grounds for denial, suspension or revocation occurred by a preponderance of the evidence. If the city manager determines that such a violation occurred or that any grounds exist for denial, suspension or revocation, the city manager shall issue an order either reaffirming the city clerk's findings or an order denying, suspending or revoking the license. The order shall be prepared within 30 calendar days after the hearing is concluded. A copy of the order shall be mailed, postage prepaid, or served on the licensee or owner at the address shown on the license.

(2)

The order of the city manager made pursuant to subsection (d)(1) of this section shall be a final decision and may be appealed to the district court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Failure of a licensee, owner or principal owner to timely appeal the order constitutes a waiver by the licensee, owner or principal owner of any right that may otherwise be available to contest the denial, suspension or revocation of the license.

(3)

The city manager shall have the power to administer oaths, issue subpoenas, and when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and/or the production of papers, books, records or other documents necessary for a fair determination of any issue presented at the hearing. A subpoena shall be served in the same manner as a subpoena issued by the district court of the state. Upon failure of any witness to comply with such subpoena, the city attorney shall:

a.

Petition any judge of the municipal court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court; or

b.

Petition district court in and for the county, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of the court.

(e)

In any such proceedings the city attorney may act on behalf of the city during the hearing. The licensee, owner or principal owner may be represented by counsel.

(f)

All hearings held before the city manager regarding suspension or revocation of a license issued under this division shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the city clerk and shall pay all costs of preparing such record.

(g)

In the event of a denial, suspension or revocation of a license, or a cessation of business for any reason, no portion of the license fee shall be refunded.

(h)

When the city manager affirms a decision by the city clerk to deny, suspend or revoke, pursuant to the applicable subsections of this section, the denial, suspension or revocation shall be for the same time period and upon the same conditions as specified by that subsection.

(Code 1975, § 18-10; Ord. No. 2367, § 1, 1-23-95)

(a)

Section 16 of Article XVIII of the Colorado Constitution and C.R.S. § 12-43.3-101 et seq. and § 12-43.4-101 et seq. afford to localities the option of licensing marijuana establishments within their respective jurisdictions. The purpose of this article is to authorize such licensing, regulate marijuana establishments in the city pursuant to the requirements of this article, and designate a local licensing authority to preside over alleged violations of this article. This article is adopted pursuant to the aforementioned constitutional and statutory authority, as well as the city's plenary authority as a home rule city to adopt and enforce ordinances under its police power in order to preserve the public health, safety, and general welfare.

(b)

Short title. This article may be cited as the "Thornton Marijuana Licensing Code."

(Ord. No. 3401, § 1, 8-23-16)

(a)

The definitions set forth in Sections 14 and 16(2) of Article XVIII of the Colorado Constitution, the Colorado Medical Marijuana Code, C.R.S. § 44-11-104, as amended, and the regulations thereto at 1 CCR 212-1, as well as the Colorado Retail Marijuana Code, C.R.S. § 44-12-103, as amended, and the regulations thereto at 1 CCR 212-2 shall apply equally to this article where applicable, except where specifically defined below, or as otherwise stated herein:

(b)

The following words, terms, and phrases are in addition to the generally applicable definitions contained in Section 1-2 of the Code, and when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person who is applying for or has applied for approval for a license to sell marijuana or operate a retail or medical marijuana testing facility in the city, more particularly:

(1)

If an individual, that person making an application for a license under this article.

(2)

If a partnership, all the partners of the partnership who are making an application for a license under this article.

(3)

If any type of business entity, all the officers, directors, and owners of at least ten percent of the entity making an application for a license under this article.

Co-located marijuana business means both a licensed retail marijuana store and a licensed medical marijuana center license, operating contiguously and located within the same building, and under the exclusive control of the same licensee.

Colorado Medical Marijuana Code means Article 11 of Title 44 of the Colorado Revised Statutes, as amended.

Colorado Retail Marijuana Code means Article 12 of Title 44 of the Colorado Revised Statutes, as amended.

Community Engagement Plan means a plan, consisting of the (1) name, telephone number, and email address of the person responsible for neighborhood outreach and engagement; (2) written policies to address concerns and complaints; and (3) a plan to host at least one initial neighborhood meeting after being awarded a license, and prior to opening its retail marijuana store, to present information about the business, with notice to be mailed at least 10 days prior to the meeting to all real property owners, businesses operating, and homeowner's associations lying within 1,500 feet of the boundaries of the proposed licensed premises, as well as all current city councilmembers.

Geographical quadrant(s) means the four designated city quadrants identified in Section 18-204 of this code.

Hearing officer means a person appointed by the Marijuana Licensing Authority to conduct hearings and otherwise act pursuant to applicable provisions of this article.

Licensee means a person who is licensed by the city and the state licensing authorities to sell marijuana in the city or operate a retail or medical marijuana testing facility.

Marijuana means and includes the following, as defined by 1 CCR 212-1 and 1 CCR 212-2: Medical Marijuana, Medical Marijuana Concentrate, Medical Marijuana-Infused Product, Edible Retail Marijuana Product, Retail Marijuana, Retail Marijuana Concentrate, and Retail Marijuana Product.

Marijuana establishment means any marijuana store, retail marijuana testing facility, or medical marijuana testing facility licensed to operate in the city.

Marijuana store means a facility licensed by the city and state to operate in the city as a retail marijuana store or a co-located marijuana business that distributes, transmits, dispenses, displays, sells, or delivers, or otherwise provides marijuana to consumers, patients or caregivers as authorized pursuant to Section 14 or Section 16 of Article XVIII of the Colorado constitution and other applicable state law.

Medical marijuana center means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in C.R.S. § 44-11-402, and that sells medical marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.

Retail marijuana store means a person licensed to purchase retail marijuana from a retail marijuana cultivation facility and to purchase retail marijuana product from a retail marijuana products manufacturing facility and to sell retail marijuana and retail marijuana product to consumers.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3547, § 1, 12-3-19; Ord. No. 3745, § 41, 8-26-25)

This article shall be effective September 1, 2016 and shall govern all applications submitted to the state licensing authority for licensing of any marijuana establishment in the city under the Colorado Retail Marijuana Code and Colorado Medical Marijuana Code on and after that date.

(Ord. No. 3401, § 1, 8-23-16)

Except as otherwise specifically provided herein, this article incorporates the requirements and procedures set forth in the Colorado Retail Marijuana Code and the Colorado Medical Marijuana Code, as well as the rules and regulations promulgated, and as amended from time to time in 1 CCR 212-1 and 1 CCR 212-2 (hereinafter "Rules and Regulations") and are adopted as if set forth fully herein. In the event of a conflict between the provisions of this article and the provisions of the Colorado Retail Marijuana Code, Colorado Medical Marijuana Code, or any other applicable state or local law or regulation, the more restrictive provision shall control.

(Ord. No. 3401, § 1, 8-23-16)

If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this article or its application.

(Ord. No. 3401, § 1, 8-23-16)

(a)

Creation. There is created a marijuana licensing authority, hereinafter referred to in this article as the "authority."

(b)

Duties and powers of the authority. The authority shall have the power to grant or deny an application for any type of new marijuana establishment license pursuant to this article. The authority shall have the authority to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held. The authority shall adopt rules of procedure regulating the conduct of its meetings, and all hearings, which rules and amendments to them shall be approved by resolution. The authority shall appoint a hearing officer whose duties and powers are set forth in section (c) below. Hearings held by the hearing officer shall be conducted pursuant to rules of procedure for hearings adopted by the authority and approved by resolution. The authority shall adopt sentencing guidelines, which guidelines shall be approved by resolution.

(c)

Duties and powers of the hearing officer. The hearing officer shall have the authority to approve or deny applications for marijuana establishment license renewals, change of corporate structure, change of location, modification of licensed premises, and appeals of a denial of a change in manager registration. The hearing officer shall have the authority to summarily suspend a license pending a hearing. The hearing officer shall have the power, after hearing, to revoke or suspend any license, or to impose fines in lieu of suspension, civil penalties, sanctions, or other conditions on the applicant, the licensee, or the manager, relating to the license. The hearing officer shall have the authority to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held.

(d)

Composition and organization. The authority shall be composed of and organized as follows:

(1)

The members of the authority shall be the incumbent members of the city council, as they exist from time to time. The chair of the authority shall be the seated mayor, and the vice chair shall be the mayor pro tem.

(2)

A quorum shall consist of five members, and a decision of a majority of the quorum shall control.

(3)

No person shall serve or continue to serve as a member of the authority who has or obtains any financial interest in the operation of any business holding a license pursuant to C.R.S. § 44-11-101 et seq. or § 44-12-101 et seq. or if a member of such person's immediate family has obtained such an interest.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3547, § 2, 12-3-19)

(a)

The authority may issue the following licenses authorized by the Colorado Retail Marijuana Code and the Colorado Medical Marijuana Code:

(1)

Retail marijuana store license.

(2)

Retail marijuana testing facility license.

(3)

Medical marijuana center license.

(4)

Medical marijuana testing facility license.

(b)

Co-location requirement. A medical marijuana center license shall not be issued except as part of a co-located marijuana business. Application for a medical marijuana center license shall be made via a dual-license application, and shall not require duplication of the required materials or required supplemental materials. A licensee who has been granted both a retail marijuana store license and a medical marijuana center license shall operate the co-located marijuana business on a single licensed premise. The premise for a co-located marijuana business shall be contiguous, located within the same building and under the exclusive control of the same licensee.

(Ord. No. 3401, § 1, 8-23-16)

(a)

The license requirement set forth in this article shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law, including, by way of example, a sales and use tax business license granted and issued by the city treasurer, or any applicable zoning, development, or building permits.

(b)

The issuance of any license pursuant to this article does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.

(c)

It shall be unlawful for any person to operate a marijuana establishment in the city without obtaining a local license to operate pursuant to the requirements of this article while concurrently holding a license in good standing from the state. Any violation of this section shall be punished as provided in Section 1-8(b) of the Code.

(Ord. No. 3401, § 1, 8-23-16)

(a)

Initial applications. Applications for the issuance of a new retail marijuana store license or for both a retail marijuana store and medical marijuana center license shall be accepted in the office of the city clerk for a period of 30 days after the effective date of the ordinance for purposes of applying for the first approved license(s) to operate a marijuana store in each of the four geographical quadrants. Applications for retail marijuana testing facilities and medical marijuana testing facilities shall be accepted in the office of the city clerk after the effective date of the ordinance. The city clerk may, in its discretion, increase the time period for acceptance of initial applications.

(b)

Subsequent applications. When a marijuana store license becomes available in one or more of the geographical quadrants, the city clerk shall post notice of such availability on the city's website, opening a 30-day application period for the filing and acceptance of new applications. The city clerk will specify the start and end date and time of the application period, and may, in its discretion, increase the time period for acceptance of applications.

(Ord. No. 3401, § 1, 8-23-16)

(a)

Zoning compliance verification. Before an application for a marijuana establishment license will be accepted by the city clerk, a potential applicant must request and obtain zoning compliance verification from Thornton City Development, which shall provide a preliminary determination of whether or not the location proposed for licensing complies with any and all zoning and land use laws of the city, and any and all restrictions on location of marijuana establishments set forth in this article and in Chapter 18 of the code at the time of the request. This preliminary determination shall not preclude a later determination that the proposed location does not comply with any one or more zoning or land use laws of the city. Zoning compliance verification shall be determined within ten days of receipt of a request for such determination, unless a survey is required to determine compliance, in which case zoning compliance verification shall be determined within 20 days of receipt of a request. Zoning compliance verification forms shall be available at the offices of city development.

(b)

Forms. All applications for a license to operate a marijuana establishment in the city shall be submitted to the city clerk upon forms provided by the city and shall include all supplemental materials as required by the Colorado Retail Marijuana Code, Colorado Medical Marijuana Code, and rules adopted pursuant thereto, as well as those required in this article. The city clerk may, at the clerk's discretion, require additional documentation associated with the application as may be necessary to enforce the requirements of the Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code, and this article.

(c)

Acceptance and completeness. For purposes of this article, an application shall not be accepted unless the application is accompanied by a zoning compliance verification approved by city development. For purposes of this article, an application shall not be considered complete until the city clerk has (i) determined that all requirements of the application have been provided to the city, (ii) received the all required fees for the application, and (iii) obtained all other information deemed necessary to be eligible for the lottery.

(d)

Application supplemental materials. In addition to providing a complete copy of the application and supplemental materials submitted to the state for licenses authorized in Section 42-712, each application shall be accompanied by the following:

(1)

A description of the products and services to be provided;

(2)

Affidavit of lawful presence in the United States for all owners and persons with a financial interest;

(3)

Proposed floor plan of the premises to be licensed, drawn to scale on an 8.5" x 11" paper, showing principal uses of each section of the floor area. If known, the floor plan shall include the square footage of the premises;

(4)

Area map, drawn to scale or depicted in a satellite photograph on 8.5" x 11" paper indicating a 1,000-foot buffer area measured out from the footprint of the building demonstrating that the premises shall be at least 1,000 feet from any type of school as defined in the Colorado Retail Marijuana Code, and at least 500 feet from any licensed child care facility, and any public or private treatment facility as defined by CRS 27-82-102 for the treatment of alcohol or drug substance abuse disorder, whether inside or outside the city, as of the date the application is received;

(5)

Security plan indicating how the business intends to comply with the requirements related to monitoring and securing the licensed premises as required by this article and all applicable state laws and rules and regulations;

(6)

Copy of valid ID for every applicant, owner, person, or entity with a financial interest, as well as the business manager;

(7)

Lease or deed, or contingent lease or deed, which shall be in the name of the applicant;

(8)

If property is leased, written consent from the owner allowing the marijuana business on the premises;

(9)

Site plan, including all uses of the proposed licensed premise, all outdoor lights and signage;

(10)

List of all proposed structural changes and modifications to the premises;

(11)

Proof of insurance, or proposed contract for proof of insurance;

(12)

Plan for preventing those under the age of 21 from entering the licensed premises;

(13)

Affidavit regarding previous business or sales tax license suspensions/revocations of the applicant, owner, person, or entity with a financial interest, as well as the business manager;

(14)

Odor management plan, detailing what methods will be used to prevent the emission of any odor of marijuana from the licensed premises;

(15)

Community Engagement Plan.

(e)

Application screening—Grounds for denial of the initial application. In addition to the prohibitions on persons as licensees found in C.R.S §44-11-306 and C.R.S. §44-12-305, each of the following, in and of itself, constitutes full and adequate grounds for denying an application for a license:

(1)

The applicant has not paid all applicable fees required by this article;

(2)

The application is not complete;

(3)

The applicant has not complied with or does not meet the requirements of this article, the Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code, any rules or regulations adopted pursuant thereto, or any other applicable state or local law or regulation;

(4)

The applicant has been denied a license from the state in regard to the concurrent application;

(5)

The application contains false, misleading, or incomplete information;

(6)

The applicant, as defined in Section 42-702, has a prior felony drug conviction, has a drug-related misdemeanor in the past five years, has pending drug-related charges, or is currently serving any felony drug deferred judgment;

(7)

The applicant has a prior felony weapon-related conviction;

(8)

The location proposed for licensing does not comply with all zoning and land use laws of the city.

(9)

The applicant, applicant's principal officers, directors, members or owners who now, or at any time in the past, have had 25% or more ownership in any marijuana business have had, or the business has had, a marijuana license suspended or revoked by the Colorado Marijuana Enforcement Division, or any local jurisdiction's local licensing authority.

(10)

The application is for the same physical location as an application that has already been received. The first application with proper proof of possession per 42-715(d)(7) and (8) will be the only application permitted for any particular location. No subsequent applications for any location will be considered for any particular lottery, even if an applicant for a location is ineligible for other reasons.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3547, § 3, 12-3-19; Ord. No. 3564, § 1, 9-22-20)

(a)

Applications for licenses for marijuana stores pursuant to this article shall be awarded via a lottery process, comprised of an initial review designed to ensure completeness of applications and compliance with state and city requirements and then a public random lottery to select the licensee from among qualified applicants.

(b)

Initial review. Upon receipt by the city clerk of an application for a license under this article, the city clerk or designee shall:

(1)

Verify that the application is complete, pursuant to the requirements in Section 42-715(c); and

(2)

Screen the application for automatic grounds for denial set forth in Section 42-715(e)

(c)

A public lottery will be conducted from among the qualified applicants, and a single applicant shall be drawn at random to determine which applicant will be awarded the license.

(1)

Public notice. The city clerk shall publish notice of the public lottery in accordance with Section 2-1 of this code, as amended.

(2)

Conduct of the Lottery The Marijuana Licensing Authority shall conduct a drawing from among the qualified applicants, in a public forum, to determine which applicant shall be awarded the available license. The Marijuana Licensing Authority shall use a process by which the names of the applicants are shielded from view, and through which each qualified applicant has an equal chance of being selected. The selected applicant shall be awarded the license.

(d)

After the license is awarded, the licensee must execute its community engagement plan.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3547, § 4, 12-3-19)

(a)

Any applicant who meets the requirements of the Colorado Retail Marijuana Code and its accompanying regulations at 1 CCR 212-2, or the Colorado Medical Marijuana Code and its accompanying regulations at 1 CCR 212-1, and is not the owner of a retail or medical marijuana cultivation facility, retail or medical marijuana products manufacturing facility, retail marijuana store, or medical marijuana center may be licensed as, and may operate a retail marijuana or medical marijuana testing facility. A retail marijuana testing facility may be co-located with a medical marijuana testing facility.

(b)

The authority may approve a retail or medical marijuana testing facility license if the applicant has submitted a full and complete application, the proposed licensed premise complies with all Development Code requirements, the applicant, any other owners and managers have completed and passed a background check, all fees have been paid, and all required inspections have been made and passed.

(c)

The authority shall approve or deny an application for a retail or medical marijuana testing facility based solely on its review of the application, and shall not require a public hearing. If the location proposed in the application for a retail or medical marijuana testing facility is one which would require a public hearing pursuant to the Development Code, the authority shall conditionally approve the license, and the license shall not be issued unless the applicant prevails in the public hearing. Any decision to approve or deny an application shall be made, and the license issued, within 90 days of the receipt of the application or approval after public hearing, whichever is later.

(d)

The decision of the authority, after public hearing, shall be a final decision, appealable pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(Ord. No. 3401, § 1, 8-23-16)

(a)

The authority shall approve licenses for no more than four marijuana store locations in the city in all, and no more than one marijuana store location per geographical quadrant.

(b)

In no event shall the authority issue a marijuana store license to the same applicant for more than one location in the city.

(c)

There is no limit on the number of retail or medical marijuana testing facility licenses the authority may approve.

(Ord. No. 3401, § 1, 8-23-16)

(a)

Transfer of ownership. A transfer of ownership of any marijuana store license issued pursuant to this article shall be prohibited for two years after the date the license is issued by the city, except in the event of the death of a licensee who was a sole proprietor, and when transfer of ownership to the licensee's heir is requested. Any request for transfer of ownership of any license issued more than two years after the date the license was issued, or in the event of death of the sole proprietor and a request to transfer ownership to the sole proprietor's heir, said request shall require the filing of an application and payment of the requisite fees, and shall be subject to the requirements of stages 1 and 3 of the licensing process stated in Section 42-716, except that retail and medical testing facilities shall only be required to proceed through stage 1. The hearing in stage 3 of the licensing process shall be held in front of the hearing officer, who shall make findings in accordance with Section 42-716(d)(5).

(b)

Change of corporate structure. A change of corporate structure of any marijuana store which results in any of the changes in subsections (1) through (3) below shall require the filing of an application and payment of the requisite fees, and shall be subject to the requirements of stages 1 and 3 of the licensing process in Section 42-716, except that retail and medical testing facilities shall not be required to submit a community engagement plan. The hearing in Stage 3 of the licensing process shall be held in front of the hearing officer, who shall make findings in accordance with section 42-716(d)(5):

(1)

Any transfer or assignment of ten percent or more of the capital stock of any corporation, or ten percent or more of the ownership interests of any limited partnership interest in any year, or transfer of a controlling interest regardless of size.

(2)

Any change in the officers or directors of a corporation which involves the addition or substitution of individual(s) who was not previously an officer or director of the corporation during a period of time that the corporation held the license.

(3)

Any transfer of the capital stock of any corporation, or transfer of any limited partnership interest in any general partnership of a limited partnership, or transfer of any limited liability company interest in a limited liability company of any kind, joint venture or business entity which results in any individual owning more than ten percent of an ownership interest in the business entity if that individual's ownership interest did not exceed ten percent prior to the transfer.

(4)

A change of corporate structure which results in any transfer or assignment of less than ten percent of the capital stock of any corporation or less than ten percent of the ownership interests of any limited partnership interest in any year to a person who currently has an interest in the business, and which does not result in a change of controlling interest, shall not require an application for change of corporate structure.

(c)

No application for transfer of ownership or change in corporate structure shall be approved by the hearing officer until all city and state occupational taxes, city and state sales and use taxes, excise taxes, any fines, penalties, and interest assessed against or imposed upon such licensee in relation to operation of the licensed business are paid in full.

(Ord. No. 3401, § 1, 8-23-16)

(a)

To change the location of a license under this article, the licensee shall submit an application in the prescribed form to the city clerk for such changes, and submit the requisite fees. All such applications shall be subject to the same procedures and requirements in stages 1 and 3 of Section 42-716, in the same manner as for the issuance of a new license, except that the hearing shall be before the hearing officer, and retail and medical marijuana testing facilities shall only be required to proceed through stage 1.

(b)

No change of location of a licensed marijuana store shall be approved if the new proposed location does not comply with the Development Code and zoning requirements set forth in Chapter 18, and the limitation on the number of marijuana store locations per geographical quadrant.

(c)

After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises, excluding interior cosmetic changes, which materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of the original license approval without the prior written consent of the hearing officer and the state licensing authorities. After a license has been approved, but has not yet been issued, changes to the premises cannot be made without the prior written consent of the authority.

(d)

To modify the licensed premises by any physical changes or alterations, the licensee shall present the following to the city clerk:

(1)

Complete plans and specifications of the proposed changes or alterations.

(2)

All prescribed forms complete in every detail.

(3)

An oath or affirmation that all information submitted has been given fully, accurately, truthfully and without concealment of any material fact(s).

(4)

If the property is leased, written permission from the landlord for the modification.

(5)

A fee shall be required in an amount to be determined from time to time by resolution of the city council.

(e)

If upon receipt of all the above information and after investigation the city clerk determines that the modification will result only in interior cosmetic changes on the licensed premises, the modification shall be deemed not material, in which case an application is not required, and the modification may be approved by the city clerk.

(f)

If upon receipt of all the above information and after investigation the city clerk determines that the modification would materially alter the licensed premises, the city clerk shall notify the licensee that the licensee shall be required to file an application for modification of premises, and submit the requisite fees. Upon receipt of the application, the city clerk shall distribute the application to the appropriate departments for review, and shall schedule a hearing no later than 30 days after receipt of the application. At the hearing, the hearing officer shall determine whether the proposed modification(s) will allow the licensee to continue to operate in compliance with state and local operating regulations. The hearing officer has the authority to grant, deny, or grant with additional requirements any application for modification of premises.

(Ord. No. 3401, § 1, 8-23-16)

(a)

Any local license granted, and thereafter issued to the licensee, or renewed pursuant to this article shall be valid for a period of one year from the date of issuance or renewal.

(b)

A licensee may apply for the renewal of an existing license by filing an application for renewal on forms provided by the city not less than 45 days but not more than 90 days prior to the expiration of the license. An application for renewal will only be accepted if it is accompanied by the requisite fees and required supplemental materials. If the licensee fails to apply for renewal at least 45 days prior to the expiration of the license but does apply prior to the expiration of the license, the city may process the renewal application if the applicant submits a late filing fee, in addition to the renewal application fee, at the time of submittal of the renewal application. If the licensee files an application less than 45 days prior to the expiration of the license but before the expiration of the license, the city clerk may elect to administratively continue the license beyond the expiration date while the renewal process is pending, but in no event shall the license be administratively continued for more than 60 days.

(c)

A license for which a renewal application has not been received by the license expiration date shall be considered expired and becomes immediately invalid, and the marijuana establishment shall not continue to operate. The city shall not accept renewal applications after the expiration of the license, but instead shall require the applicant to file a new license application pursuant to the procedure set forth in Section 42-714(b).

(d)

Grounds for denial of renewal application. In addition to the prohibitions on persons as licensees found in C.R.S § 12-43.3-307 and C.R.S. § 12-43.4-306, each of the following, in and of itself, constitutes full and adequate grounds for administratively denying an application for renewal of a license under this article:

(1)

The licensee has not paid all applicable fees required by this article;

(2)

The licensee has failed to file tax returns when due as required by the city, or the licensee is overdue on his or her payment to the city of taxes, fines, interest, or penalties assessed against or imposed upon such licensee in relation to the licensed business;

(3)

The licensee has made any false or misleading statement in the license or renewal application;

(4)

The licensee or any of the principal officers, directors, owners, managers, agents, or employees have been convicted of a drug related criminal offense within the previous 12 months;

(5)

The licensee has failed to maintain a valid state issued license;

(6)

The licensee does not meet or cannot meet the requirements of this article, the Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code, or any rule or regulation adopted pursuant thereto;

(7)

The licensee has failed to obtain a certificate of occupancy. However, the city clerk has the discretion, upon written request by the licensee, to extend the term of the license for no more than 90 days upon the licensee's representation that a certificate of occupancy is more likely than not to be issued within that 90 days;

(8)

The renewal application fails to include the licensee's community engagement plan for the renewal term or does not meet the requirements stated in Section 42-716(d)(2); or

(9)

At the time of renewal, the licensee is not in substantial compliance with its approved community engagement plan, i.e. the approved community engagement plan active for the 12 months leading up to the renewal date. Licensees are required to file a report with the renewal application regarding compliance with the licensee's approved community engagement plan, indicating how each component of the plan has been met during the term of the license. If each component has not been met, the licensee shall indicate steps taken to attempt to meet the component, and why the component was not met. If each component of the approved community engagement plan is not addressed in the licensee's report, substantial compliance will not be found. If the city clerk finds that the licensee has not taken any steps to meet one or more component of the approved community engagement plan, substantial compliance will not be found. If, in the opinion of the city clerk, the licensee has not made good faith effort in achieving substantial compliance with its approved community engagement plan, the city clerk may find a lack of substantial compliance, and must state with specificity, in writing, the grounds for such a finding, which shall appealable to the hearing officer.

(e)

Upon receipt of a renewal application, the city clerk shall forward the application to the appropriate departments for review. If the licensee is in compliance with all city and state laws, rules and regulations, is in substantial compliance with its approved community engagement plan, if applicable, and is otherwise not prohibited from holding a marijuana establishment license, the license shall be renewed administratively. If the city clerk determines that there are grounds for denial of the renewal application, as stated above, the renewal application shall be referred to the hearing officer for a hearing. If, after hearing, the hearing officer determines that the licensee is prohibited by state or local law from holding a marijuana establishment license, the renewal application shall be denied. If, after hearing, the hearing officer determines that the licensee is not in compliance with all city and state laws and rules and regulations, the renewal application shall be denied. If, after hearing, the hearing officer determines that the licensee is not in substantial compliance with its approved community engagement plan, the hearing officer may deny the application, or may approve the application with conditions designed to ensure future compliance with the licensee's community engagement plan. Failure to abide by any of the terms or conditions as required by the hearing officer to achieve substantial compliance shall be grounds for a complaint against the licensee, and may result in the imposition of a civil penalty, or suspension or revocation of the license.

(f)

After the hearing officer's decision, any party may appeal to the Marijuana Licensing Authority ("MLA") on the grounds that the hearing officer erred in a ruling of law or a procedural ruling or finding of fact, and only if the ruling or finding affected the outcome of the case. Upon receiving an appeal, the MLA will review (1) rulings of law de novo, (2) procedural rulings for abuse of discretion, and (3) a material finding of fact to determine if evidence supporting such finding was lacking or greatly outweighed by the record as a whole. An appeal to the MLA must be filed within ten business days of the hearing officer's decision, and the appeal will be limited to the issues raised in a timely manner. The MLA may affirm, reverse, modify or remand for further proceedings the hearing officer's decision. A timely filed appeal shall stay the hearing officer's decision until the appeal has been decided or dismissed; otherwise, the hearing officer's decision shall be the final decision of the city.

(g)

Notwithstanding anything contained in this article, a licensee has no vested right to the renewal of a license, and no property right in the renewal of a license.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3482, § 1, 7-24-18)

(a)

Authority and process. The city is authorized to impose fees relating to the administration and implementation of this article. Such fees shall be established by the city clerk and approved by resolution of the city council. At least annually, the amount of fees charged pursuant to this article shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the city in connection with the administration, regulation, and enforcement of the ordinance.

(b)

Timing of payment. All application fees shall be payable at the time an application is submitted to the city clerk. License fees shall be payable at the time the applicant is selected to move forward to stage 3 of the licensing process pursuant to Section 42-716.

(c)

Refunds. All application and late filing fees shall be nonrefundable. License fees shall be nonrefundable except that the city shall refund 50 percent of the license fee if the application for the issuance of a license is denied after public hearing pursuant to Section 42-716. Renewal and permit fees shall be refunded only if the license, renewal or permit is denied. In the event of a suspension or revocation of a license or permit, or termination of business for any reason whatsoever, no portion of the license fee shall be refunded.

(Ord. No. 3401, § 1, 8-23-16)

(a)

A licensed retail marijuana store, located in the city, may deliver retail marijuana and retail marijuana products to private residences in the city, provided that such delivery satisfies the requirements set forth in C.R.S. § 44-10-601(13), as amended or relocated, and the Colorado Marijuana Rules. Deliveries may only be made by employees of the licensed retail marijuana store.

(b)

All retail marijuana products delivered to any location in the city are subject to city sales tax.

(Ord. No. 3589, § 1, 5-11-21)

All marijuana establishments shall comply with the rules and regulations adopted, and as amended from time to time, in the Code of Colorado Regulations 1 CCR 212-2 (Retail Marijuana Code) and 1 CCR 212-1 (Sales, Manufacturing, and Dispensing of Medical Marijuana). In addition, marijuana establishments shall comply with the following local operational regulations. Failure to comply with any Retail Marijuana Code regulation, any sales, manufacturing, and dispensing of medical marijuana regulation, or any of the following operational regulations may be grounds to suspend or revoke any license, or for the imposition of civil penalties where applicable.

(1)

Minimum standards. A marijuana establishment shall not be permitted to operate until the licensee has acquired all of the necessary permits, licenses, authorizations, including a certificate of occupancy, and demonstrates implementation of the requirements of sections (b) through (g), below.

(2)

Security plan. All licensees shall file a written security plan with the city clerk. The security plan will be protected from public disclosure as provided under the Colorado Open Records Act, § 24-72-203(2)(a)(VIII), C.R.S. The written security plan shall address, at a minimum, the following elements:

a.

Evidence that the premises will comply with all security and video surveillance requirements set forth in this article, Rules 305 and 306 of the Code of Colorado Regulations 1 CCR 212-2 (Retail Marijuana Code) and Rules 305 and 306 of the Code of Colorado Regulations 1 CCR 212-1 (Medical Marijuana Code), if applicable;

b.

A site plan showing the entire vicinity in which the marijuana establishment is located, including the street(s), parking lot(s), other tenants within the property, and any other entities that physically border the establishment;

c.

A floor plan of the marijuana establishment detailing the locations of the following:

1.

All entrances and exits to the establishment;

2.

The location of any windows, skylights, and roof hatches;

3.

The location of all cameras, and their field of view;

4.

The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

5.

The location of the digital video recorder and alarm control panel, including the location of the off-site storage or network service provider for storage of the required copies of surveillance recordings; and

6.

Restricted and public areas.

d.

The type of security training provided for, and completed by, establishment personnel, including conflict resolution training and procedures for handling violent incidents;

e.

How the licensee intends to use and maintain an incident log;

f.

The establishment's procedures for preventing the use of marijuana on the licensed premises;

g.

Security measures taken by the licensee to prevent individuals from entering the limited access area portion of the licensed premises;

h.

The licensee's closing procedures after the cessation of business each day;

i.

The licensee's plan to prevent theft or the diversion of marijuana, including maintaining all marijuana in a secure, locked room that is accessible only to authorized persons;

j.

The type of alarm system and outdoor lighting to be used by the licensee;

k.

The licensee's procedures for accepting delivery of marijuana at the establishment, including procedures for how it is received, where it is stored, and how the transaction is recorded; and

l.

A copy of the licensee's security alarm system monitoring contract.

(3)

Video surveillance. Marijuana establishments are required to install a video surveillance system satisfying the minimum standards described below, in addition to the state requirements set forth in Rule 306 of the Code of Colorado Regulations 1 CCR 212-2 (Retail Marijuana Code):

a.

All surveillance recordings shall be retained for a minimum of 60 days and shall be in a digital format that can be easily accessed for viewing and that ensures authentication of the recording as being legitimately captured without alterations.

b.

In addition to maintaining surveillance recordings in a locked area on the licensed premises, a copy of the surveillance recordings must be stored at a secure off-site location or through a network "cloud" service that provides on-demand access to the recordings. The off-site location or network service provider shall be included in the security plan submitted to the city and updated within 72 hours of any change to the location or provider.

c.

Video surveillance records and recordings must be made available immediately upon request of the city police department.

d.

If video surveillance or storage equipment becomes inoperable, or storage network service becomes disabled, the marijuana establishment shall cease all transactions until the equipment or network service is made operable.

(4)

Security alarm system. All marijuana establishments shall install, maintain, and use a professionally monitored security alarm system meeting the following requirements:

a.

The system shall provide coverage of all facility entrances and exits, rooms with exterior windows, rooms with exterior walls or walls shared with other building tenants, roof hatches, skylights, and storage rooms containing safes or vaults;

b.

The system shall include at least one silent holdup or duress alarm that can be manually triggered in case of emergency;

c.

The alarm system must be equipped with a failure notification and a battery backup system sufficient to support a minimum of four hours in the event of a power outage;

d.

The alarm system must be monitored by a company that is staffed 24 hours a day, seven days a week. The security plan submitted to the city shall identify the company monitoring the alarm, including contact information, and shall be updated within 72 hours in the event the monitoring company is changed; and

e.

The licensee shall maintain for a period of three years, reports of any incidents triggering an alarm, and such reports shall be made available to the city police department during any inspection of the facility.

(5)

Secured storage. All marijuana establishments must install a safe or vault for storage of cash on the premises when the business is closed to the public. The safe or vault must be incorporated into the building structure or secured to the structure in such a manner as to prevent removal.

(6)

Proof of age scanner. The business shall verify the proof of age of every person entering the business with an electronic identification scanner. An electronic identification scanner is a device that is capable of quickly and reliably confirming the validity of an identification using computer processes. If the proof of age scanner becomes inoperable, the equipment shall be replaced within seven days.

(7)

Odor management. For all marijuana establishments, the odor of marijuana must not be perceptible to a reasonable person at the exterior of the building of the licensed premises or at any adjoining use of the licensed premises.

(8)

Hours of operation. Marijuana establishments may only be open to the public between the hours of 8:00 a.m. and midnight, daily. No sale, delivery, or other distribution may occur upon the premises outside of those hours. Hours of operation must be posted at the main entry of the store.

(9)

Documents to be displayed. All marijuana and sales tax licenses shall be conspicuously posted inside the establishment near the main entrance.

(10)

Registered manager. No marijuana establishment shall be operated or managed by any person other than the licensee, with the exception of a business manager registered with the city. Such licensee or business manager shall be on the premises and responsible for all activities within the licensed business during all times when the business is open. In the event the licensee intends to employ a business manager that was not identified on the license or renewal application, the licensee shall report the name of such business manager to the city, and such business manager shall submit to the city, at least 30 days prior to serving as a business manager, an application containing all of the information required by this article and on the license application, and shall submit the requisite fees. If, after investigation, it is determined that the proposed business manager is lawfully eligible, pursuant to city and state laws and regulations, to operate the marijuana establishment, the city clerk shall grant the manager registration administratively. If, after investigation, it is determined that the proposed business manager is not lawfully eligible, pursuant to city and state laws and regulations, to operate the marijuana establishment, the city clerk shall deny the manager registration administratively. Any such denial shall be appealable to the hearing officer. A licensee shall report to the city any change in business managers at least 30 days prior to employing an additional business manager, and no more than five days after a business manager is released from such position.

(11)

Public access restricted. Retail and medical marijuana testing facilities shall not be open to the public. All visitors must be tracked in an entry log identifying the visitor's name, entry and departure times, and purpose of the visit. Visitors must be escorted by a manager or owner at all times.

(12)

Inspections.

a.

Grant of authorization. By signing and submitting a license application, the applicant/licensee certifies that the applicant/licensee has received permission from the property owner to allow inspections as may be required under state or local licensing law. In addition, the owner of the premises authorizes the city clerk, its designee, the city police department, and the city's building official or the official's designee, to enter upon and inspect the premises upon presentation of official credentials. These inspections are part of the routine policy of inspection and enforcement of these regulations for the purpose of protecting the public safety, individuals operating and using the services of the marijuana establishment, and the adjoining properties and neighborhood. This rule shall not limit any inspection authority authorized under any other provision of law or regulation, including those of police, fire, building, and code enforcement officials.

b.

Initial inspection. The city shall inspect all marijuana establishments prior to issuance of a license to verify that the facilities are constructed and can be operated in accordance with the application submitted and the requirements of laws of the city and the State of Colorado. The initial inspection shall occur after the marijuana establishment is ready for operation, but no marijuana shall be present on the premises until the inspection is complete and a license is issued.

c.

Regular inspections. At a minimum, the city shall be authorized to perform regular inspections on a quarterly basis during the first year following licensure, and on a yearly basis prior to license renewal following the first year of operation.

d.

Random inspections. The regular licensing inspection procedures described shall not prevent the city from inspecting marijuana establishments at random intervals and without advance notice.

e.

Inspection of records. Upon request, the licensee or business manager on duty shall retrieve and provide any relevant business records pertaining to the inspection, including but not limited to, security camera recordings, marijuana inventory manifests, and copies of invoices and receipts. The city may require any licensee to furnish such information as it considers necessary for the proper administration of these regulations.

(13)

Reporting of source, quantity, and sales. The records to be maintained by each marijuana establishment shall include the source and quantity of any marijuana and or marijuana product distributed, produced, or possessed within the premises. Such reports shall include the following information, at a minimum, for both acquisitions from wholesalers and retail sales transactions:

a.

Date, weight, type of marijuana, and dollar amount or other consideration of transaction;

b.

For wholesale transactions, the sales and use tax license number of the seller from the State of Colorado and city, if any; and

c.

The amount of marijuana within the limited access areas.

(14)

Reporting of criminal activity. Reports of all criminal activities or attempts of violation of any law at the marijuana establishment, including the curtilage surrounding the licensed premises and the designated parking area, or related in any way to the marijuana business, shall be reported to the city police department by the licensee or manager within 12 hours of occurrence. Additionally, any violation of any law by any licensee or applicant of the marijuana business shall be reported to the city clerk within 72 hours.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3485, § 1, 7-24-18)

Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating any of the following shall be subject to penalties pursuant to Section 1-8(b) of this code. It is unlawful for any person to:

(1)

Be on or within the premises of any marijuana establishment, if such person is under 21 years of age;

(2)

Permit or allow any person under 21 years of age to enter or remain on or within the premises of any marijuana establishment;

(3)

Engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, or consumption of marijuana or marijuana products other than those forms of business and commerce that are expressly authorized by the Thornton Marijuana Licensing Code;

(4)

Fail to report to the city police department any disorderly conduct or criminal activity occurring at the location, on the licensed premises, or within the licensed premises set forth on the license of the license holder. This duty applies to the holder of a marijuana establishment license issued pursuant to this article or any manager or employer of such license holder. For the purposes of this subsection, the terms "location," "premises," and "licensed premises" shall have that meaning and definition set forth in C.R.S. § 12-43.4-103, and the term "report" shall mean to either contact the non-emergency line for the city police department or 911 within 12 hours of the occurrence;

(5)

Smoke, use, or ingest on the premises of the marijuana establishment any marijuana, fermented malt beverage, malt, vinous, and spirituous liquor, or a controlled substance, except in compliance with the directions on a legal prescription for the person from a doctor with prescription writing privileges;

(6)

Operate or be in physical control of any marijuana establishment while under the influence of any intoxicant, including but not limited to marijuana, fermented malt beverage, malt, vinous, and spirituous liquor, or a controlled substance;

(7)

Purchase marijuana in the city from any person not properly licensed to sell marijuana pursuant to Section 42-701 et al.;

(8)

Possess extraction vessels, and butane, propane, compressed CO2, ethanol, isopropanol, acetone, heptane, hexane, or any other volatile materials used in the production of solvent-based marijuana concentrate, in the same premise as marijuana;

(9)

Distribute, or contract to distribute, marijuana using any freight or package service, community rideshare, or other commercial transportation network, including the United States Postal Service;

(10)

Distribute or sell marijuana within a marijuana establishment to any person who shows visible signs of intoxication from alcohol, marijuana, or other drugs;

(11)

Violate or permit any person to violate any provision of this article or any condition of approval placed upon a license granted pursuant to this article, or any law, rule or regulation applicable to the use of marijuana or the operation of a marijuana establishment;

(12)

Refuse or fail to provide video surveillance footage to the city police department in connection with an open criminal or license violation investigation, or to refuse to allow inspection of a marijuana establishment pursuant to Section 42-728. Any licensee, owner, business manager, or operator of a marijuana establishment, or the owner of the property where a marijuana establishment is located, may be charged with this violation;

(13)

Store or keep marijuana intended for sale or distribution by the licensee in any place outside of the licensed business premises, except pursuant to a valid optional premises cultivation or retail marijuana cultivation facility license issued by the state pursuant to the Colorado Retail Marijuana Code or the Colorado Medical Marijuana Code;

(14)

Sell or distribute marijuana for remuneration without a license or outside of the restricted access area, as defined in 1 CCR 212-1 and 1 CCR 212-2, of the marijuana establishment;

(15)

Sell, give, or distribute marijuana to persons under the age of 21;

(16)

Sell more than one ounce of retail marijuana or its equivalent in retail marijuana products, including retail marijuana concentrate during a single transaction to a person, except for non-edible, non-psychoactive retail marijuana products, including ointments, lotions, balms, and other non-transdermal topical products.

(17)

Sell more than two ounces of medical marijuana during a single sales transaction to any patient unless that patient has designated the marijuana store as its primary center and supplied it with documentation from the patient's physician that allows the patient more than two ounces of medical marijuana or its equivalent in marijuana-infused product;

(18)

Give away, dispense, or otherwise distribute marijuana for free;

(19)

Sell expired marijuana;

(20)

Knowingly conduct or permit any employee to conduct any sales transactions when the video surveillance system or equipment is inoperable;

(21)

Operate a marijuana establishment without a license from the city and the state;

(22)

Operate a marijuana establishment in a manner that is not consistent with the application, or is in violation of any plan or condition made part of the license application;

(23)

Operate a marijuana establishment without obtaining and passing all building inspections and obtaining all permits required by the city;

(24)

Operate a marijuana establishment in violation of the Development Code or any building, fire, plumbing, electrical, or mechanical codes as adopted and amended by the city;

(25)

Modify or allow any modification to the licensed premises without approval of the city clerk or hearing officer;

(26)

Use or display a marijuana establishment license at a different location or for a different business entity than in the location and business entity disclosed on the application for the issued license;

(27)

Own or manage a marijuana establishment in which another person cultivates, produces, distributes, or possesses marijuana, in violation of this chapter or any other applicable law;

(28)

Employ or allow a business manager that has not been properly registered by the city pursuant to Section 42-728(2)(10; or

(29)

Operate or possess a marijuana establishment in violation of this chapter, any ordinance of the city or any state law or regulation.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3745, § 42, 8-26-25)

(a)

A violation of any of the provisions of this article, Chapters 10, 18, 22, or 26 of the Thornton City Code, any building, fire, or health code, any provision of the Colorado Retail Marijuana Code or any rules and regulations adopted pursuant thereto, or the Colorado Medical Marijuana Code and any rules and regulations adopted pursuant thereto, or any violation of the terms and conditions of a license issued by the authority pursuant to this article, may be grounds for the suspension or revocation of a license, or the imposition of a civil penalty, or any combination of suspension, revocation, and civil penalty by the hearing officer. Hearings regarding violations or for the suspension or revocation of a license issued pursuant to this article shall be before the hearing officer and shall be conducted pursuant to the rules of procedure for hearings adopted by the authority and approved by resolution.

(b)

If the hearing officer has probable cause to believe that a licensee has deliberately and willfully violated any applicable law, rule, or regulation, or engaged in conduct which imposes an undue risk to the public health, safety, or welfare, the hearing officer may enter an order for the summary suspension of such license, pending further investigation and hearing, for a period not exceeding 15 days.

(c)

The hearing officer may, upon complaint, impose a civil penalty, or suspend or revoke any marijuana establishment license if, after notice and hearing thereon, the hearing officer finds that:

(1)

The licensee has failed to pay all required fees;

(2)

The licensee is overdue on payment of city taxes, fines, or penalties assessed against or imposed upon such licensee in relation to the licensed business;

(3)

The licensee has made any false statement in the license or renewal application or any of the required supplemental materials submitted with the license or renewal application or any required information to be submitted in such application;

(4)

The licensee has failed to comply with the duty to supplement the information contained in the license application;

(5)

The licensee has failed to file any reports, produce video surveillance, or furnish any information as required by the provisions of this article or the Colorado Retail Marijuana Code or Colorado Medical Marijuana Code relating to the operation of the marijuana establishment;

(6)

The licensee has refused to allow an inspection of the licensed premises as authorized by this article;

(7)

The licensee has failed to operate in compliance with the operational regulations set forth in this article;

(8)

The licensee has failed to comply with its security plan as filed with the city clerk;

(9)

The licensee has failed to operate the marijuana establishment in accordance with the Development Code or any applicable building, fire, or health code. In the event of such a violation, the city clerk shall promptly notify the licensee of the violation and shall allow the licensee up to a 20-day period in which to correct this violation. If the licensee fails to correct the violation before the expiration of such period, the city clerk shall forthwith bring forth a complaint for the suspension or revocation of the license, which shall be decided after hearing in front of the hearing officer;

(10)

The licensee has knowingly permitted or encouraged, or has knowingly and unreasonably failed to prevent a public nuisance within the meaning of Chapter 38, Article 10 of this Code from occurring on or about the licensed premises;

(11)

The licensee or any of the agents, servants, or employees of the licensee have failed to comply with any of the regulations adopted, and as amended, in the Code of Colorado Regulations 1 CCR 212-2 (Retail Marijuana Code) and 1 CCR 212-1 (Sales, Manufacturing, and Dispensing of Medical Marijuana) that the city has concurrently adopted in the article, or any of the additional operational regulations contained in this article; or

(12)

The licensee, or any of the agents, servants, or employees of the licensee, have violated any ordinance of the city or any state or federal law on the premises or have permitted such a violation on the premises by any other person.

(d)

In deciding whether to impose a civil penalty, or whether a license should be suspended or revoked in accordance with this section, and in deciding what conditions to impose in the event of a suspension, if any, the hearing officer shall adhere to the sentencing guidelines, and shall consider:

(1)

The nature and seriousness of the violation;

(2)

Corrective action or other mitigation, if any, taken by the licensee;

(3)

Prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any;

(4)

The likelihood of recurrence;

(5)

All circumstances surrounding the violation;

(6)

Whether the violation was willful or deliberate;

(7)

The length of time the license has been held by the licensee;

(8)

The number of violations by the licensee within the applicable 12-month period;

(9)

Previous sanctions, if any, imposed against the licensee;

(10)

Any other factor making the situation with respect to the licensee or the licensed premises unique or the violation of greater concern; and

(11)

The sentencing recommendation of the city attorney or any stipulation between the city attorney and the licensee.

(e)

For purposes of imposing of a civil penalty, or suspending or revoking any license, the licensee shall be deemed to have permitted an act or condition if a reasonable licensee or permittee would have been aware of the act or condition and taken action to stop the act or eliminate the condition.

(f)

Any act or omission committed by any employee, agent, or independent contractor that occurs in the course of his or her employment, agency, or contract with the licensee shall be imputed to the licensee or permittee for purposes of imposing any suspension, revocation, or other sanction on the licensee or permittee.

(g)

In addition to or in the alternative to any suspension, revocation, or civil penalty imposed for any violation, the hearing officer may impose new or additional terms, requirements, conditions, or limitations on any license or permit issued or under this article.

(h)

For violations of this article, the hearing officer may impose civil penalties against the licensee of up to $5,000.00 per license for each day during which such violation occurs or continues. Each day in which a violation shall occur or continue shall be deemed a separate and distinct offense. Penalties shall be imposed in accordance with the sentencing guidelines approved by the authority and adopted by resolution.

(i)

If the hearing officer finds that the license should be suspended or revoked, the licensee shall be provided written notice of such suspension or revocation and the reasons therefore within 20 days following the date of the hearing.

(j)

The hearing officer's decision to suspend or revoke a license is a final decision reviewable in accordance with state law. The licensee's failure to timely appeal the decision is a waiver of the licensee's right to contest the suspension or revocation of the license.

(k)

Whenever a decision of the hearing officer suspending a license becomes final, the licensee may, at the conclusion of the hearing, or at least three calendar days before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period, except the period of a mandatory suspension pursuant to the sentencing guidelines.

(1)

Whenever a licensee petitions the hearing officer for payment of a fine in lieu of suspension, the licensee shall file its petition, along with a nonrefundable petition fee as determined from time to time by resolution of the city council, in the city clerk's office at least three business days prior to the effective date of the suspension. Upon the receipt of the petition, the hearing officer has sole discretion to stay the proposed suspension and cause any investigation to be made, and may grant the petition based upon the following factors:

a.

The public welfare and morals would not be impaired by permitting the licensee to operate during the suspension and that payment of the fine will achieve the desired disciplinary purposes.

b.

The books and records of the licensee are kept in such a manner that the loss of sales can be determined with reasonable accuracy therefrom; and

c.

The licensee's record of compliance with all state and local marijuana licensing laws, regulations and ordinances.

(2)

If the fine in lieu is accepted, the amount of the fine shall be the equivalent to 20 percent of the licensee's estimated gross revenues from sale of marijuana during the period of the proposed suspension, but not to exceed the fine amount limitations adopted in the sentencing guidelines.

(3)

Payment of any fine pursuant to the provisions of this subsection shall be in the form of cash, money order, or certified check or cashier's check made payable to the city.

(4)

Upon payment of the fine, the hearing officer shall enter its further order permanently staying the imposition of the suspension.

(l)

No fee previously paid by a licensee in connection with a license shall be refunded if the licensee's license is suspended or revoked.

(Ord. No. 3401, § 1, 8-23-16; Ord. No. 3745, § 43, 8-26-25)

(a)

All applications for new licenses for the sale of alcoholic liquors at retail shall be filed with the city clerk. The applicant must answer all applicable questions on the forms provided by the city clerk. The city clerk may not accept any application that is not completed in every detail. The applicant shall furnish such additional documentation or information as the authority, the city attorney, or the city clerk deems necessary to make the determinations required by this article or in Title 44, Articles 3, 4, and 5 of the Colorado Revised Statutes as amended, including all applicable regulations thereunder. The application and all supporting documentation shall be filed in duplicate (one original plus one copy). If any application is incomplete or contains an omission or error, it shall be returned to the applicant for completion or correction without further action either by the clerk or the authority. Any licenses granted pursuant to the provisions of this article are valid for a period of one year from the date of their issuance unless revoked or suspended.

In addition to those requirements set forth in Title 44, Articles 3, 4, and 5 of the Colorado Revised Statutes, the following information must be submitted with all new applications to have the application deemed complete:

(1)

Payment in full of the city and state license fees and an additional nonrefundable fee as established by resolution of the city council for the actual and necessary expenses of processing the application, investigating the applicant, conducting a public hearing and publishing and posting the required notice of such hearing and payment of the amount remitted by the city to the Colorado Bureau of Investigation and Federal Bureau of Investigation for each person required by state law or municipal ordinance to be fingerprinted. Local licensing fees, as provided for by law, shall be paid to the city clerk prior to consideration by the authority. No rebate of any fees paid for any license issued hereunder shall be made except upon the affirmative vote of a majority of the authority.

(2)

If a hotel and restaurant license or a beer and wine license is applied for, the plans and specifications shall show the following:

a.

The total floor area where meals will be served.

b.

The overall seating capacity.

c.

Location of all bar counters.

d.

Size and dimension of the kitchen and other food preparation areas.

e.

Location, number and kinds of ranges, stoves or ovens, refrigerators, food lockers, dishwashers, sinks and restrooms.

f.

Location and dimension of food storage areas, and any other fixtures and equipment to be installed and used in connection with the preparation and serving of meals.

g.

The location and type of furniture, equipment and fixtures to be used in connection with the serving of meals.

(3)

Written releases from the applicant and every officer, director, partner, members or partners of a limited liability company or stockholder who owns ten percent or more of the business authorizing the city and its agents to obtain financial information confirming the financing of the establishment with the exception of applicants who have a state master file.

(4)

A written background investigation report to be completed by the applicant and every officer, director, and stockholders, members or partners who own ten percent or more of the business with the exception of applicants who have a state master file.

(5)

In the event that the application includes plans for a kitchen or food service, evidence from the Local Health Department that the applicant is or may be licensed by that agency.

(6)

If the applicant is a partnership, a certificate of partnership, a certificate of good standing and a copy of the partnership agreement, including the names, addresses and percentage of ownership of all the partners who own or control the rights to over ten percent of the partnership.

(7)

If the applicant is a corporation, a copy of its articles of incorporation, a certificate of good standing, minutes of corporate meetings, and the names, addresses and percentage of ownership of all stockholders; and if a foreign corporation, evidence of its authorization to do business in Colorado, a copy of its latest annual report and a certificate of good standing.

(8)

If the applicant is a limited liability company, a copy of its articles of organization acknowledged by the secretary of state, copy of operating agreement, and certificate of authority if a foreign company.

(9)

Copies of any contract or agreement which grants any person the right to manage, operate, control or supervise the affairs of the proposed business or the acts of its customers, employees, agents or representatives, whether such contract or agreement presently is in effect or whether it is intended to become effective following issuance of a license.

(10)

Information concerning the financial and management interests of all persons connected with the business and copies of documents governing the terms and conditions of ownership and management of the business and the premises proposed to be licensed.

(11)

An affidavit stating that the outlet is not located within 500 feet of any school or the principal campus of any college, university or seminary, as computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the liquor is to be sold, using a route of direct pedestrian access, except as allowed pursuant to Section 42-130, or unless the licensed premises is for the sale of fermented malt beverages and 1) is located or to be located on land owned by a municipality, 2) is an existing licensed premises on land owned by the state, 3) held a valid license and was actively doing business before the principal campus was constructed, 4) is a club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution, or 5) is a campus liquor complex.

(12)

If the application is for a license to sell from a liquor licensed drug store, or at retail, malt, vinous, or spirituous liquors for consumption off the licensed premises, an affidavit stating that the building from which the alcoholic beverages are to be sold is not located within 1,500 feet of another premises licensed to sell at retail malt, vinous, or spirituous liquors for consumption off the licensed premises as calculated by the radius measurement that begins at the principal doorway of the premises for which the application is made and ends at the principal doorway of the other licensed premises.

(13)

If the application is for a license to sell fermented malt beverages, an affidavit stating that the building in which fermented malt beverages are to be sold at retail for consumption off premises is not located within 500 feet of any retail liquor store, as calculated by the radius measurement that begins at the principal doorway of the premises for which the application is made and ends at the principal doorway of the other licensed premises, unless the applicant applied for or received a building permit or certificate of occupancy prior to January 1, 2019.

(14)

If the application is for a second or additional license the applicant shall submit an affidavit describing the effect, if any, the license would have on restraining competition, and identifying relevant facts to support the affidavit.

(b)

All licenses applied for shall be issued in accordance with the laws of the state and the city. In no event shall any license be issued until it is satisfactorily established that:

(1)

The building in which the license is sought to be exercised is ready for occupancy and has received a certificate of occupancy or temporary certificate of occupancy, as is necessary to comply with the provisions of the Code and laws of the city and state. The local licensing investigator shall inspect the premises to determine that the applicant has complied in every material detail with the plans and specifications submitted at the time of filing of the application and shall provide notice to the city clerk that the applicant is in compliance with the plans and specifications.

(2)

The applicant has provided to the city clerk evidence that the city's sales and use tax license was issued to the applicant.

(3)

The applicant has provided to the city clerk evidence from the tri-county or state health department that their establishment is licensed.

(Code 1975, § 25-9; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 4, 5-26-92; Ord. No. 2427, § 5, 7-22-96; Ord. No. 2460, § 2, 7-28-97; Ord. No. 2474, § 1, 10-13-97; Ord. No. 2537, §§ 1, 2, 2-8-99; Ord. No. 2958, § 2, 9-26-06; Ord. No. 3506, § 1, 12-18-18; Ord. No. 3666, § 11, 9-26-23)

(a)

Any application for new license or change of location where the authority makes findings and determinations as to the reasonable requirements and desires of the inhabitants of the neighborhood shall be set for a public hearing by the clerk upon the filing of a complete application. The date on which the completed application is filed with the city clerk shall be deemed to be the date of filing of the application for the purposes set forth in Title 44, Articles 3, 4, and 5 of the Colorado Revised Statutes, as amended. A hearing will not be scheduled until such time as the city clerk deems the application complete. The city clerk shall set the date for the public hearing, which date shall be at the next available meeting of the authority but in no event less than 30 days from the date of filing the application. The city clerk may postpone the hearing date for good cause prior to the time that publication and posting of notice of hearing on the matter is to be made. Should this occur, the city clerk shall send notification to the applicant stating the new hearing date and setting forth said reason. Once the matter has been scheduled for public hearing and public notice has been given, the matter may only be continued at the discretion of the authority for good cause shown.

(b)

Upon filing the application, the city clerk shall set the boundaries of the relevant neighborhood and shall notify the applicant of such boundaries which shall be deemed accepted unless the applicant rejects the boundary set by notifying the city clerk in writing within five days thereafter. In determining the relevant neighborhood the city clerk shall base the criteria on relevant factors such as population density; the nature of the area such as rural, residential, commercial or retail; traffic flow; access roads; geography; terrain; and other barriers. If the proposed boundaries are rejected, the matter shall be scheduled for a boundary hearing before the authority at the next regularly scheduled meeting. At said hearing, evidence may be presented by any party-in-interest for the purpose of modifying the geographic extent of the relevant neighborhood.

(1)

At the boundary hearing the authority shall set the boundaries of the "neighborhood." The applicant may give evidence as to the appropriateness of any proposed boundary or boundaries, and give objections thereto.

(2)

Upon a determination by the authority of the boundaries of the neighborhood, the city clerk shall set a public hearing on the application as provided in this subsection. The hearing date shall be set for the next regular meeting of the authority but no less than 30 days from the date of the original filing.

(c)

In cases other than those in subsection (a) of this section, upon filing a complete application, or when a public hearing is requested by the authority pursuant to subsection (a), the city clerk shall schedule a public hearing if one is allowed or required. The hearing shall be set for the next regular meeting of the authority occurring not less than 30 days from the date of filing the application, provided the police department investigation has been completed. If the police department investigation is not completed, the hearing will be set for the next available meeting of the authority.

(d)

Subpoenas for the attendance of witnesses or the production of evidence at public hearings shall be issued by the city clerk. The city clerk shall issue subpoenas upon the written request of any party who is entitled to present evidence at a public hearing. The issuance of such subpoenas shall be obtained by filing an affidavit which states the name and address of the proposed witness; if applicable, specifies the items sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has said items in his or her possession or under his or her control.

(1)

Service of subpoenas shall be completed as in civil proceedings. All subpoenas shall be served a reasonable time before the hearing. Service of a subpoena within 48 hours of the hearing shall be presumed to be unreasonable in the absence of good cause shown.

(2)

Payment of witness fees and mileage in conjunction with the service of subpoenas shall be made consistent with Colorado Rules of Civil Procedure Rule 45.

(Code 1975, § 25-10; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 5, 5-26-92; Ord. No. 2427, § 6, 7-22-96; Ord. No. 3506, § 1, 12-18-18)

Under this subdivision, the local licensing authority may require the applicant to circulate petitions within the boundaries of the designated neighborhood prior to the public hearing. Petition format and requirements may be set out in the authority rules of procedure.

(Code 1975, § 25-11; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88)

(a)

The city clerk shall publish the notice of the public hearing as provided in C.R.S. § 44-3-101 et seq., § 44-4-101 et seq., and § 44-5-101 et seq.

(b)

The applicant shall post the required notices of all public hearings that may arise from any application and such notices shall be posted on a conspicuous place on the proposed premises for at least ten consecutive days prior to the public hearing.

(c)

The sign for posting may be prepared by the city clerk's office. The applicant shall submit a posting verification log document that verifies that the public notice sign was posted everyday for the ten days prior to the hearing. Replacement signs for the applicant will be provided at a fee to be determined from time to time by resolution of the city council.

(Code 1975, § 25-12; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2427, § 7, 7-22-96; Ord. No. 2460, § 3, 7-28-97; Ord. No. 2958, § 3, 9-26-06; Ord. No. 3506, § 1, 12-18-18)

(a)

After the neighborhood boundaries have been set, the city clerk, in coordination with the police department, shall proceed with the investigation of the applicant and the premises and shall forward the application for review by the city attorney.

(b)

No later than seven days after the completed application has been filed as provided in Section 42-117, the following individuals shall be fingerprinted:

(1)

If the applicant is a natural person, that person; or

(2)

If the applicant is a partnership, all of the partners who have an ownership interest of more than ten percent in the partnership; or

(3)

If the applicant is a corporation, the officers and directors, together with any shareholder who owns more than ten percent of the corporation's outstanding and issued stock; or

(4)

If the applicant is a limited liability company, all members who own a ten percent or more membership interest; and

(5)

Irrespective of the identity of the applicant, the manager of the proposed establishment.

(c)

The local licensing investigator shall make background investigations of the individuals named in subsection (b) of this section, and such individuals shall provide all information necessary for this investigation.

(d)

The premises proposed for a license shall be inspected by the city's building inspection division, fire, planning and any other appropriate city officials to ensure that the plans and specifications submitted with the application are true representations of the premises and that the proposed premises is in conformity with the applicable ordinances of the city.

(e)

All departments and administrative officials of the city shall cooperate fully with the city clerk during the investigation.

(f)

Upon receipt of completed applications for a new license, the city clerk shall conduct a preliminary investigation in accordance with applicable provisions of C.R.S. § 44-3-101 et seq. and § 44-4-101 et seq., as amended.

(g)

Upon receipt of complete state and local applications for a transfer of ownership of an existing license, the city clerk shall conduct a preliminary investigation in accordance with applicable provisions of C.R.S. § 44-3-101 et seq., and § 44-4-101 et seq., as amended. Prior to a license being issued, a certificate of occupancy must be issued by the chief building official.

(h)

Upon receipt of complete state and local applications for a change of location of an existing liquor or fermented malt beverage license, the city clerk shall conduct a preliminary investigation in accordance with applicable provisions of C.R.S. § 44-3-101 et seq., and § 44-4-101 et seq., as amended.

(i)

Any reports of the results of this investigation shall be delivered by the respective departments or officials to the city clerk at least ten days prior to the public hearing on the application. The preliminary findings shall include those facts required by applicable provisions of C.R.S. § 44-3-101 et seq., and § 44-4-101 et seq., as amended. Not less than five days prior to the public hearing, the city's written preliminary report of the findings based on the investigation shall be known by mailing a copy thereof to the applicant by first-class mail, and to other interested parties upon request.

(Code 1975, § 25-13; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 6, 5-26-92; Ord. No. 2427, § 8, 7-22-96; Ord. No. 2460, § 4, 7-28-97; Ord. No. 2537, § 3, 2-8-99; Ord. No. 3506, § 1, 12-18-18; Ord. No. 3745, § 33, 8-26-25)

(a)

Following the conclusion of the public hearing on new applications for alcoholic liquor licenses, the authority shall render its decision no later than 30 days thereafter; however, the authority may continue the hearing from time to time as may be required to gather necessary facts and evidence and to permit witnesses to testify.

(b)

The authority shall consider all facts in evidence adduced as a result of the investigation and public hearing, including the reasonable requirements of the neighborhood, the desires of the inhabitants affected, the number, type and availability of other relevant licensed outlets located in or near the neighborhood under consideration, other lawful restrictions applicable to the area under consideration and any other pertinent matters affecting the qualifications of the applicant to conduct the type of business proposed.

(c)

The city attorney shall prepare and the city clerk shall send a written copy of the findings and decision of the authority and the reasons thereof by certified mail to the applicant at the address shown on the application and to any other party in interest upon request within 30 days of the decision.

(Code 1975, § 25-14; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2427, § 9, 7-22-96)

(a)

All renewal applications for malt, vinous and spirituous liquor licenses and fermented malt beverage licenses shall be submitted to the city clerk on forms provided by the state and local licensing authorities no later than 45 days prior to the date on which the license expires, except that the city clerk, for good cause, may waive the time requirement set forth in this subsection. A notarized statement setting forth the reason(s) why the renewal was not timely filed shall accompany the renewal application. The forms shall be accompanied by all state and local license fees and such additional material as the authority deems necessary to carry out the provisions of the Colorado Beer and Liquor Codes, this article and all applicable regulations. No renewal application need be accepted by the city clerk or the authority which is not complete and truthful in every detail. Any application mailed to or deposited with the city clerk which, upon examination, is found to have some omission, error or misrepresentation shall be returned to the applicant for completion or correction.

(b)

Upon receipt of a renewal application, the city clerk shall request reports from the police department, revenue division and any other applicable agency or any interested parties concerning the licensed premises. The reports shall be submitted to the city clerk not less than ten days prior to the consideration of the renewal application.

(c)

The city clerk is hereby delegated the authority to administratively approve such applications for renewal, unless reports from city departments, other applicable agencies or any interested party, recommend nonrenewal and there is basis for nonrenewal under applicable state statutes. The application and the required fees shall then be forwarded to the state licensing authority. If staff determines from reports received or from interested parties that grounds exist for possible nonrenewal, the application shall be referred to the authority.

(d)

The city clerk shall immediately notify the applicant in writing of any objections to approving the renewal application. The city clerk or the city attorney shall prepare the written notice to the licensee. No hearing on an application for renewal shall be held by the authority until a notice of hearing has been posted on the licensed premises in accordance with Section 42-119(b) and notice of hearing has been provided to the applicant at least ten days prior to the hearing. The city clerk shall cause the notice to be mailed to the applicant and to the premises. A hearing on an application for renewal will be pursuant to applicable state statutes and regulations; however, interested parties who have been notified will be allowed to testify. If a renewal is denied, no portion of any local or renewal fees shall be returned to the licensee unless a majority of the authority grants otherwise.

(Code 1975, § 25-15; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 7, 5-26-92; Ord. No. 2427, § 10, 7-22-96; Ord. No. 2474, § 2, 10-13-97; Ord. No. 2606, § 2, 4-10-00; Ord. No. 3506, § 1, 12-18-18)

(a)

To change the location of a license required under this subdivision, the licensee shall submit an application in the prescribed form to the city clerk for such changes. All such applications shall be subject to the same procedures and requirements as for the issuance of a new license, except that the investigation regarding the applicant shall not be required.

(1)

If the application is to move the permanent location of a fermented malt beverage retailer, an affidavit stating that the building in which fermented malt beverages are to be sold is not located within 1,500 feet of a retail liquor store as calculated by the radius measurement that begins at the principal doorway of the premises for which the application is made and ends at the principal doorway of the other licensed premises.

(2)

If the application is to move the permanent location of a retail liquor store, an affidavit stating that the building in which the malt, vinous or spirituous liquor are to be sold is not located within 1,500 feet of another retail liquor store as calculated by the radius measurement that begins at the principal doorway of the premises for which the application is made and ends at the principal doorway of the other licensed premises.

(b)

In addition to subsection (a) of this section, such application shall be accompanied by a fee as established by resolution of the city council for the actual and necessary expenses in processing the application, conducting an investigation, conducting a public hearing and for publishing and posting the required notice of this hearing. The public hearing process shall be governed by relevant provisions of the rules and Section 42-117 of the Code.

(Code 1975, § 25-16; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2427, § 11, 7-22-96; Ord. No 2474, § 3, 10-13-97; Ord. No. 3506, § 1, 12-18-18)

(a)

Transfers of ownership. All applicants for the issuance of a license by reason of transfer of possession or ownership of the licensed premises by operation of law or by the purchase, transfer or sale of the premises, the property or the business shall, within 30 days of the change, file an application in duplicate on prescribed forms provided by the city clerk and shall apply for a sales tax license with the revenue division.

(1)

All such applications shall be under oath and subject to applicable subsections of Section 42-116(a).

(2)

An investigation with respect to such application shall be conducted as provided by the Code.

(3)

Upon completion of the investigation, the application will be presented to the authority for approval or denial. If the city will be recommending denial, or upon direction by the authority, the city clerk will set the application for public hearing at the next available regular meeting. Results of the investigation shall be reported as required by the Code. In the event the authority denies the application for such license, the authority shall indicate the reasons for said denial. Hearings shall be conducted as a hearing on a new license, except that the issues at the hearing shall be limited to the requirements of C.R.S. § 44-3-307, as amended and applicable regulations.

(4)

Although no public hearing is required under this section, the persons designated pursuant to the rules shall be present before the authority at the time the authority acts upon the application.

(5)

In addition to the above, all such applications shall be accompanied by a nonrefundable fee as established by resolution of the city council for actual and necessary expenses in processing the application and conducting an investigation.

(b)

Changes in corporate structure. Where the licensee is a corporation, limited liability company, or other business entity, any substantial change in ownership interest or corporate structure must be reported to the city clerk on prescribed forms within 30 days of such transfer or assignment, and approval shall be obtained from the authority prior to the new owner or stockholder exercising any of the rights or privileges granted to a licensee under this chapter or under Title 44, Articles 3, 4, and 5, C.R.S., as amended.

(1)

A "substantial change in the ownership interest or corporate structure" shall be defined as:

a.

Any transfer or assignment of ten percent or more of the capital stock of any corporation, ten percent or more of any membership interest in a limited liability company, ten percent or more of any business entity, or ten percent or more of the ownership interests of any limited partnership interest in any year, or transfer of a controlling interest regardless of size.

b.

Any change in the officers or directors of a corporation which involves the addition or substitution of individual(s) who was not previously an officer or director of the corporation during a period of time that the corporation held the license.

c.

Any transfer of the capital stock of any corporation, or transfer of any limited partnership interest in any general partnership of a limited partnership, or transfer of any limited liability company interest in a limited liability company of any kind, joint venture or business entity which results in any individual owning more than ten percent of an ownership interest in the business entity if that individual's ownership interest did not exceed ten percent prior to the transfer.

(2)

An application for authority approval of such a transfer shall be submitted to the city clerk under oath, in duplicate, on forms prescribed by the city clerk within 30 days of such transfer or assignment. The application will include such information as will permit the city clerk to investigate and determine the qualifications of the transferee with respect to the license. An administrative processing fee is hereby established in an amount to be determined from time to time by resolution of the city council and shall accompany all such applications, with the exception of those that have a state master file, are club liquor licensees which require minimal investigation, or applications not requiring any investigation.

(3)

The city clerk shall cause to be conducted an investigation of the character and qualifications of the transferee of the ownership interest.

(4)

Upon completion of the investigation, the city clerk is hereby delegated the authority to administratively approve the change in ownership interest or corporate structure so long as the following criteria is met:

a.

The corporate officer is listed in the state master file; or

b.

The transfer or assignment of stock does not involve a controlling or majority interest of stock; and

c.

No reports are received recommending denial of the application and there is no basis for denial under applicable state statutes.

(5)

In the event that the authority denies the application for such license, the authority shall indicate the reasons for said denial. Hearings shall be conducted as a hearing on a new license, except that the issues at the hearing shall be limited to the requirements of C.R.S. § 44-3-307, as amended and applicable regulations.

(Code 1975, § 25-17; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 8, 5-26-92; Ord. No. 2427, § 12, 7-22-96; Ord. No. 2460, §§ 5, 6, 7-28-97; Ord. No. 2474, § 4, 10-13-97; Ord. No. 2537, § 4, 2-8-99; Ord. No. 2606, § 3, 4-10-00; Ord. No. 3506, § 1, 12-18-18)

(a)

Purpose and authority. This section implements the requirements for issuance of a temporary permit as contained in applicable provisions of the Colorado Beer Code and the Colorado Liquor Code, which authorize the issuance of a temporary permit as an administrative act through the city clerk's office. The temporary permit is a necessary procedure enabling an applicant to operate a licensed premises pending such applicant's requested transfer of the establishment's liquor license.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means the proposed transferee of a retail license for the sale of fermented malt beverages or alcoholic beverages and, once issued, the holder of a temporary permit under this section.

Department means the state department of revenue.

Temporary permit means a permit which authorizes the applicant to continue to sell fermented malt beverages or alcoholic beverages as permitted under the permanent license for a licensed premises during the period in which an application to transfer the ownership of such license to the applicant is pending.

(c)

Requirements for issuance. Temporary permits shall not be issued unless and until the city clerk determines that the following conditions have been satisfied.

(1)

The premises having been previously licensed by the state and the local licensing authority, and such license was valid at the time the application for transfer of ownership was filed with the city clerk.

(2)

The applicant has filed with the city clerk, on forms supplied by the department, a properly completed application for the transfer of the license, which application shall include, without limitation, the following information:

a.

The name and address of the applicant; if the applicant is a partnership, the names and addresses of all the partners; and, if the applicant is a corporation, association or other organization, the names and addresses of the president, vice-president, secretary, and/or managing officer.

b.

The applicant's financial interest in the proposed transfer.

c.

The premises for which the temporary permit is sought.

d.

Such other information as is required to properly complete the application for transfer of license form required by the department.

(d)

Issuance by city clerk. The city clerk shall issue a temporary permit to the applicant if all the conditions of this article have been satisfied.

(1)

The application for a temporary permit shall be filed no later than 30 days after the filing of the application for transfer of ownership with the city clerk.

(2)

Such permit shall be issued within five working days after the receipt of the application for issuance of a temporary permit.

(3)

Each application for a temporary permit shall be accompanied by the payment of a fee as established by resolution of the city council. Such fee shall be refunded if the temporary permit is not issued, but once the temporary permit is issued, such fee shall be nonrefundable.

(4)

A temporary permit issued pursuant to this section shall be valid only until such time as the application for transfer of the license to the applicant is granted and issued or for 120 days, whichever shall first occur; except that if the application for transfer of the license has not been granted within the 120-day period and the applicant demonstrates good cause, the city clerk may administratively extend the validity of the permit for an additional period not to exceed 60 days. If the city clerk finds that the applicant has not demonstrated good cause for an extension the application will be set for a meeting of the local licensing authority which may, in its discretion, extend the validity of the permit for an additional period not to exceed 60 days.

(e)

Other transfers for which temporary permit is available. A temporary permit may also be issued by the city clerk, subject to the requirements of this article, in the event of a transfer of possession of a licensed premises by operation of law or the filing of a petition in bankruptcy pursuant to foreclosure action by a secured party or by a court order dispossessing the prior licensee of all rights of possession pursuant to C.R.S. § 13-40-101 et seq.

(f)

Cancellation, revocation, or summary suspension. A temporary permit may be cancelled, revoked, or summarily suspended if the local licensing authority determines that there is a probable cause to believe that the transferee has violated any provision of this article or has violated any rule or regulation adopted by the local licensing authority or state licensing authority or has failed to truthfully disclose those matters required pursuant to the application form required by the department.

(Code 1975, § 25-17.10; Ord. No. 2143, § 1, 2-10-92; Ord. No. 2163, § 9, 5-26-92; Ord. No. 2427, § 13, 7-22-96; Ord. No. 2460, § 7, 7-28-97; Ord. No. 2474, § 5, 10-13-97; Ord. No. 3658, § 1, 7-25-23)

(a)

Each licensee holding a license identified in C.R.S. §§ 44-3-301(8), as amended, shall personally manage the licensed premises or have a separate and distinct manager. For all hotel and restaurant licenses, tavern licenses, and lodging and entertainment licenses, the manager, licensee, or an employee or agent of the licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other hotel and restaurant license, tavern license, or lodging and entertainment license.

(b)

Each licensee holding a license identified in C.R.S. §§ 44-3-301(8) shall report to the city clerk any change in managers upon forms prepared and furnished by the city clerk within 30 days after the change. Hotel and restaurant, tavern, and lodging and entertainment licensees shall submit said forms accompanied by the required fees.

(Code 1975, § 25-18; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2427, § 14, 7-22-96; Ord. No. 2474, § 6, 10-13-97; Ord. No. 3506, § 1, 12-18-18; Ord. No. 3658, § 2, 7-25-23)

(a)

The authority shall have the power, upon its own motion or upon complaint, to summarily suspend any license required under this chapter for a period not to exceed 15 days and, after notice to the licensee and a hearing, to suspend any license for an additional period not to exceed six months or to revoke such license.

(b)

Whenever a written complaint is filed with the authority charging any licensee with a state or city liquor or beer code violation, the authority may hold a hearing to determine the probable truth of such charges, and the authority may issue subpoenas and orders to show cause and may exercise its power to suspend or revoke or impose fines, penalties or other sanctions allowed by law.

(c)

Whenever a decision of the local licensing authority suspending a retail license becomes final, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the retail license suspended for all or part of the suspension period.

(1)

Whenever a licensee petitions the authority for payment of a fine in lieu of suspension, the licensee shall file its petition, along with a nonrefundable petition fee as determined from time to time by resolution of the city council, in the city clerk's office at least three working days prior to the effective date of the suspension. Upon the receipt of the petition, the authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition based upon the following factors:

a.

The public welfare and morals would not be impaired by permitting the licensee to operate during the suspension and that payment of the fine will achieve the desired disciplinary purposes;

b.

The books and records of the licensee are kept in such a manner that the loss of sales can be determined with reasonable accuracy therefrom; and

c.

The licensee's record of compliance with all state and local liquor licensing laws, regulations and ordinances.

(2)

The fine accepted shall be the equivalent to 20 percent of the retail licensee's estimated gross revenues from sales of alcoholic and fermented malt beverages during the period of the proposed suspension, except that the fine shall not be less than $200.00 nor more than $5,000.00.

(3)

Payment of any fine pursuant to the provisions of this subsection shall be in the form of cash or certified check or cashier's check made payable to the city.

(d)

Upon payment of the fine pursuant to subsection (c) of this section, the local licensing authority shall enter its further order permanently staying the imposition of the suspension.

(Code 1975, § 25-19; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 10, 5-26-92; Ord. No. 2427, § 15, 7-22-96; Ord. No. 3244, § 2, 6-25-13; Ord. No. 3362, §§ 1—3, 10-27-15; Ord. No. 3506, § 1, 12-18-18)

(a)

Change of name. To change the corporate name or trade name of an establishment or business to which the license is issued, such licensee shall submit said request on forms provided by the state licensing authority and city clerk at least ten days prior to such change.

(b)

Modification of licensed premises. After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises which materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without the prior written consent of the local and state licensing authorities. After a license has been approved, but has not yet been issued, changes to the premises cannot be made without the prior written consent of the local licensing authority.

(1)

To modify the licensed premises by any physical changes or alterations, the licensee shall present the following to the city clerk:

a.

Complete plans and specifications of the proposed changes or alterations.

b.

All prescribed forms complete in every detail.

c.

An oath or affirmation that all information submitted has been given fully, accurately, truthfully and without concealment of any material fact(s).

d.

A fee shall be required in an amount to be determined from time to time by resolution of the city council.

(2)

If upon receipt of all the above information and after investigation the city clerk determines that the modification will not alter the licensed premises or its usage as contained in the plans and specifications on file, the modification shall be deemed not material, in which case an application is not required.

(3)

The city clerk is hereby delegated the authority to administratively approve the application if it is determined that the modification is material but does not meet the criteria for modification of premises contained in applicable provisions of the Colorado Beer Code and the Colorado Liquor Code and applicable regulations, as amended. Prior to the city clerk approving the proposed improvements, the application shall be reviewed by the city building, fire, planning and code officials to ensure the applicant complies with the applicable ordinances of the city. Staff in their discretion may refer the application to the authority.

(4)

In making its decision with respect to any proposed changes, alterations, or modifications, the authority shall follow the applicable provisions of the Colorado Beer Code and the Colorado Liquor Code and applicable regulations, as amended.

(Code 1975, § 25-20; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2163, § 11, 5-26-92; Ord. No. 2427, § 16, 7-22-96; Ord. No. 2460, § 8, 7-28-97; Ord. No. 2958, § 4, 9-26-06; Ord. No. 3745, § 34, 8-26-25)

(a)

The following standards for the issuance of optional premises licenses or for optional premises for hotel and restaurant licenses are adopted pursuant to the provisions of C.R.S. § 44-3-310. The standards adopted in this section shall be considered in addition to all other standards applicable to the issuance of licenses under the Colorado Liquor Code for an optional premises license or for an optional premises hotel and restaurant license. All relevant provisions of this article shall also apply to this subsection.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Optional premises means the same as that defined in the Colorado Liquor Code. The two types of licenses authorized in this section, "optional premises" and "hotel and restaurant with optional premises," will collectively be referred to as "optional premises" in these standards unless otherwise stated.

Outdoor sports and recreational facility means the same as that defined in the Colorado Liquor Code.

(c)

Application for an optional premises license shall be made to the city clerk on forms which shall contain the following information in addition to information required by the state licensing authority:

(1)

A map or other drawing illustrating the outdoor sports or recreational facility boundaries and the approximate location of the proposed optional premises license requested.

(2)

Proposed locations for the permanent, temporary, or moveable structures or vehicles which are proposed to be used for the sale or service of alcoholic beverages.

(3)

A description of the method which shall be used to identify the boundaries of the optional premises license when it is in use and how the licensee will ensure alcoholic beverages are not removed from such premises.

(4)

Proof of the applicant's right to possession of the optional premises including a legal description and supporting documentation.

(5)

A description of the provisions which have been made for storing alcoholic beverages in a secured area on or off the optional premises for future use on the optional premises.

(6)

A description of the provisions which will be implemented to control the dispensing of alcoholic beverages to minors or visibly intoxicated persons.

(d)

There are no restrictions on the minimum size of the outdoor sports and recreational facilities which may be eligible for approval, or the number of optional premises which any one licensee may have for a facility; however:

(1)

The authority may consider the size of the particular outdoor sports or recreation facility in relationship to the number of optional premises licenses requested for the facility;

(2)

Any applicant requesting approval of more than one optional premises in relationship to the outdoor sports or recreational facilities and in relationship to the other optional premises licenses that have been granted.

(e)

Nothing contained in this section shall preclude the authority, in its discretion, from imposing other conditions, restrictions or limitations on any optional premises license in order to serve the public health, safety and welfare. Any such conditions may be imposed when the license is initially issued or issued for any specific event or use of the optional premises. The authority shall have the right to deny any request for such a license or they may suspend or revoke the optional premises license in accordance with the procedures specified in the Colorado Liquor Code and the city beer and liquor code.

(f)

It shall be unlawful for alcoholic beverages to be served on the optional premises until the optional premises licensee has filed written notice with the state and the authority stating the specific days and hours during which the optional premises will be used. This must be recorded 48 hours prior to serving alcoholic beverages on the optional premises. No notice shall specify any period of use in excess of 180 days nor shall it specify any date more than 180 days after the date of the original notice. The licensee may file more than one such notice during a calendar year. However, should any special or unusual event be anticipated to occur during any extended period of time, no less than 48 hours' written notice should be given to the city's chief of police, who shall have authority, on behalf of the authority, to impose any conditions reasonably related toward serving the public health, safety and welfare.

(Code 1975, § 25-20.10; Ord. No. 2159, § 1, 4-13-92; Ord. No. 2427, § 17, 7-22-96; Ord. No. 2460, § 9, 7-28-97; Ord. No. 2958, § 5, 9-26-06; Ord. No. 3506, § 1, 12-18-18)

(a)

With reference to hotel and restaurant liquor licenses only, the applicable provision(s) of the Colorado Liquor Code, relating to the requirement that no application shall be received or acted upon if the building in which the liquor is to be sold is located within 500 feet of any public or parochial school or the principal campus of any college, university or seminary, are modified to the extent that a hotel and restaurant liquor licensed outlet shall not be subject to that 500-foot restriction and therefore shall be allowed to apply for and be granted such a license when, and only when, the school involved is a high school or college and the hotel and restaurant is located, whether freestanding or as a part of a larger building or mall, parts of which are used for other commercial activity, on a single parcel or on several contiguous parcels of a total size of at least five acres.

(b)

It is the intent of this section to amend and modify the applicable provision(s) of the Colorado Liquor Code in order to permit and allow hotel and restaurant liquor licensed outlets to exist and operate without regard to the distance from such outlet to any high school or college when and only when the property on which the business holding the hotel and restaurant liquor license is located as a part of or contiguous to commercially zoned land of the minimum specified size and to prohibit and deny the operation of a hotel and restaurant liquor license on an isolated piece of commercially zoned land of less than five acres.

(Code 1975, § 25-22; Ord. No. 1633, 12-22-86; Ord. No. 1769, 6-27-88; Ord. No. 2460, § 10, 7-28-97; Ord. No. 3745, § 35, 8-26-25)

(a)

Applications for a special events permit shall be made under oath or affirmation to the city clerk, on such forms as provided by the city clerk. Such applications shall be submitted not less than 45 days prior to the proposed event with an investigation processing fee as determined from time to time by resolution of the city council. The city clerk, for good cause, may waive the time requirement.

(b)

Public notice of the proposed permit and of the procedure for protesting issuance of the permit shall be conspicuously posted at the proposed location, in accordance with Section 42-119(b).

(c)

Any protest shall be filed by affected persons within ten days after the date of initial posting of the proposed event. Protests shall be filed with the city clerk. The city clerk is hereby delegated the authority to administratively approve the application if no protests have been filed or the police department investigation does not recommend denial of the application.

(d)

The city clerk shall forward all applications for special events permits where protests have been filed or derogatory information is reported by the police department to the authority.

(e)

The authority shall cause a hearing to be held only for an application for which a protest has been filed. Any hearing shall be held at least ten days after the initial posting of a notice of the proposed event. Notice of the hearing shall be provided to the applicant and any person who filed a protest.

(f)

In reviewing the application for a special events permit, the chairperson and the authority shall apply the standards set forth in C.R.S., § 44-5-101 et seq., and the regulations promulgated thereunder by the Department of Revenue, Liquor Enforcement Division, state of Colorado.

(g)

After approval of any application, the city clerk shall notify the State of its issuance.

(h)

Notwithstanding any other section of this Code, an organization holding a special event permit may auction alcohol beverages in sealed containers for fundraising purposes subject to the restrictions in the Colorado Revised Statutes.

(Ord. No. 2427, § 18, 7-22-96; Ord. No. 3506, § 1, 12-18-18)

(a)

The city hereby authorizes tastings to be conducted by retail liquor store or liquor-licensed drugstore licensees in accordance with this section and pursuant to C.R.S. § 44-3-301, as the term "tastings" is defined in said C.R.S. § 44-3-301. It is unlawful for any person or licensee to conduct tastings within the city unless authorized in accordance with this section. Tastings shall not be authorized until the following prerequisites are fully satisfied, as determined by the city:

(1)

A written notice to the Thornton Police Department police chief must be provided at least 72 hours before a licensee is allowed to conduct a tasting.

(2)

The notice shall include the name of the liquor licensed premises, the person who is submitting the notice, and shall indicate the date and time the tasting is to take place.

(3)

The notice must state and affirm that the licensee wishing to conduct such tasting shall do so in accordance with the provisions of this section, and without creating a public safety risk to the surrounding neighborhood.

(b)

Tastings authorized pursuant to this section shall be allowed only for a retail liquor store or liquor licensed drug store operating within the city whose license is valid and in full force and effect.

(c)

Tastings, once authorized, shall be subject to the following limitations:

(1)

Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the liquor enforcement division in the department of revenue and who is either a retail liquor store state licensee or a liquor-licensed drugstore licensee, or an employee of a licensee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant promoting the alcohol beverages, and only on a licensee's licensed premises.

(2)

The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to state law, at a cost that is not less than the laid-in cost of such alcohol.

(3)

The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.

(4)

Tastings shall not exceed a total of five hours in duration per day, which hours need not be consecutive.

(5)

Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 9:00 p.m.

(6)

The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.

(7)

The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, shall destroy the samples immediately following the completion of the tasting, or store any open containers of unconsumed alcohol beverages in a secure area outside the sales area of the licensed premises for use at a tasting conducted at a later time or date.

(8)

The licensee shall not serve a person who is under 21 years of age or who is visibly intoxicated.

(9)

The licensee shall not serve more than four individual samples to a patron during a tasting.

(10)

Alcohol samples shall be in open containers and shall be provided to a patron free of charge.

(11)

The licensee may conduct tastings no more than 156 days per year.

(12)

No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee bears the financial and all other responsibility for a tasting conducted on its premises.

(d)

A violation of a limitation specified in subsection (c) or of C.R.S. § 44-3-301 by a retail liquor store or liquor-licensed drugstore licensee, whether by his or her employees, agents, or otherwise, or by a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant that promoted the alcohol beverages for the tasting, shall be the responsibility of the retail liquor store or liquor-licensed drugstore licensee that conducted the tasting.

(e)

A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee for a violation of any of the provisions of subsection (c) or C.R.S. § 44-3-301.

(f)

Nothing in this section shall affect the ability of a Colorado winery licensed pursuant to state law to conduct a tasting pursuant to law.

(Ord. No. 2840, § 1, 8-10-04; Ord. No. 3506, § 1, 12-18-18)

(a)

All applications and supplemental applications for a sales room pursuant to C.R.S. §§ 12-47-402 and 12-47-403 [C.R.S. §§ 44-3-402 and 44-3-403 as of October 1, 2018] shall be submitted to the city clerk concurrently with the application to the state licensing authority. All applications for a proposed sales room operating not more than three consecutive days shall be submitted to the clerk on forms provided by the state not less than ten business days prior to the proposed opening date.

(b)

Upon receipt of the application, the clerk shall request reports from all departments necessary to determine whether the sales room will impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances, and whether the applicant cannot sufficiently mitigate any potential impacts identified.

(c)

The city clerk is hereby delegated the authority to administratively determine whether sales room will impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances, and whether the applicant cannot sufficiently mitigate any potential impacts identified. If staff determines that the sales room will impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances, and the applicant cannot sufficiently mitigate any potential impacts identified, the city clerk shall submit to the state licensing authority its determination and the basis for the determination within eight business days of the application to the state licensing authority if the application is for a proposed sales room operating not more than three consecutive days and within 45 days for a proposed sales room operating more than three consecutive days.

(Ord. No. 3506, § 1, 12-18-18)

Editor's note— Ord. No. 3244, § 3, adopted June 25, 2013, repealed § 42-156 which pertained to unlawful acts, signs to be posted, violations and penalties, and derived from § 25-21 of the 1975 Code; Ord. No. 1633, adopted Dec. 22, 1986; Ord. No. 1769, adopted June 27, 1988; Ord. No. 2349, §§ 3, 4, adopted Oct. 24, 1994; and Ord. No. 2777, § 6, adopted May 27, 2003.

(a)

Licensees and licensee's managers, employees, agents and representatives shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not permit on the licensed premises the serving or loitering of a visibly intoxicated person or habitually intoxicated person or person with an alcohol use disorder, nor shall the licensee or the licensee's managers, employees, agents or representatives knowingly permit any activity or acts of disorderly conduct as defined by state statute.

(b)

Attire and conduct of employees and patrons. It shall be unlawful for any person licensed under this article and by the state and any employee or agent of such person licensed under this article and by the state, to engage in or permit the following:

(1)

Employment or use of any person in the sale or service of fermented malt beverages in or upon the licensed premises while 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 of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

(2)

Employment or use of the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subsection (b)(1) of this section.

(3)

Any person on the licensed premises touching, caressing, or fondling the breasts, buttocks, anus or genitals of any other person.

(4)

Any employee or person on the licensed premises wearing or using any device or covering, exposed to view, which simulates the breasts, genitals, anus, pubic hair or any other portion thereof.

(c)

Entertainment. Live entertainment is permitted on any licensed premises, except that it shall be unlawful for:

(1)

Any person licensed under this article and by the state, and any employee or agent of such person licensed under this article and by the state, to engage in or permit any person to perform acts of or acts which simulate:

a.

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

b.

The touching, caressing or fondling of the breasts, buttocks, anus or genitals.

c.

The displaying of the pubic hair, anus, vulva or genitals.

(2)

A licensee, and any employee or agent of such licensee, to engage in or permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in subsection (c)(1) of this section.

(3)

A licensee, and any employee or agent of such licensee, to engage in or permit any person to remain in or upon the licensed premises who exposes to public view any portion of such person's genitals or anus.

(d)

Visual displays. It shall be unlawful for any person licensed under this article and by the state, and any employee or agent of such person licensed under this article and by the state, to engage in or permit on the licensed premises the showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:

(1)

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(2)

Any person being touched, caressed or fondled on the breasts, buttocks, anus or genitals.

(3)

Scenes wherein a person displays the vulva or the anus or the genitals.

(4)

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described in this subsection.

(Code 1975, § 25-24; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3244, § 4, 6-25-13; Ord. No. 3506, § 1, 12-18-18)

(a)

The licensed premises, including any places of storage where alcoholic beverages are stored or dispensed, shall be subject to inspection by the state or local licensing authorities and their investigators, or peace officers, during all business hours and all other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory, or books and records required to be kept by licensees, access shall only be required during business hours. Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay; and upon request by authorized representatives of the licensing authority or peace officers, such licensee shall open the area for inspection. Failure to comply with this subsection is unlawful.

(b)

Each licensee shall retain all books and records necessary to show fully the business transactions of such licensee for a period of the current tax year and the three prior tax years. Failure to comply with this subsection is unlawful.

(Code 1975, § 25-25; Ord. No. 2349, § 5, 10-24-94)

Licensees licensed under this article or by the state, and any employee or agent of such person licensed under this article and by the state, may refuse to sell alcoholic beverages to any person unable to produce adequate currently valid identification of age. The kind and type of identification deemed adequate under this article shall be limited to the following:

(1)

An operator's, chauffeur's or similar type driver's license containing a picture issued by any state.

(2)

Identification card containing a picture issued by any state for the purpose of proof of age.

(3)

Military identification card.

(4)

Passport.

(5)

Alien registration card.

(Code 1975, § 25-26; Ord. No. 2349, § 5, 10-24-94; Ord. No. 2606, § 4, 4-10-00; Ord. No. 2958, § 6, 9-26-06)

It shall be unlawful for each retail licensee selling malt, vinous or spirituous liquor for consumption on the premises not to maintain the licensed establishment in clean and sanitary condition and in full compliance with the requirements of restaurants under the supervision of the state board of health. If the licensed establishment is a restaurant licensed by the state board of health, it shall maintain such license in full force and effect at all times while selling such beverages for consumption therein.

(Code 1975, § 25-29; Ord. No. 2349, § 5, 10-24-94)

(a)

It shall be unlawful for any licensee, licensed for the sale of alcoholic liquors for consumption on the premises where sold, to maintain thereon any container of alcoholic liquor which contains any such substance other than that contained at the time such container was received by or delivered to the licensee.

(b)

It shall be unlawful for any licensee, licensed for the sale of alcoholic liquors for consumption on the premises where sold, to substitute one brand, type or alcoholic content of alcoholic liquor for that which has been specifically requested by a customer, unless the customer expressly consents to the substitution.

(c)

Excepting winers or brewers, it shall be unlawful for a licensee to refill or permit the refilling of any alcoholic liquor container with alcoholic liquor or reuse any such container by adding distilled spirits or any substance, including water, to the original contents or any portion of such original contents.

(d)

If sampling analysis or other means shall establish that any such licensee has upon the licensed premises any bottle or other container which contains liquor of a different brand, type, or alcoholic content than that which appears on the label thereof, such licensee shall be deemed to have violated this section.

(e)

All licensees for the sale of alcoholic liquors for consumption on the premises where sold shall, upon request of the department of revenue, liquor enforcement division or any of its officers, make available to the person so requesting a sufficient quantity of any such liquor or enable sampling or analysis thereof. The licensee shall be notified of the results of the sampling or analysis without delay.

(f)

Federal brand label requirements shall be complied with on all liquor products imported into and sold in the state.

(g)

In those cases where federal labeling of containers is not required, state manufacturers of products for off-premises consumption shall label their products subject to the following minimum criteria:

(1)

The manufacturer shall design and furnish its own label.

(2)

The label shall contain information as to brand name, class and type, capacity or volume of container and the manufacturer's or bottler's name and address.

(3)

The manufacturer's label shall be approved by the state liquor enforcement division.

(4)

The label shall be affixed to the product container before it leaves the manufacturer's premises.

(Code 1975, § 25-30; Ord. No. 2349, § 5, 10-24-94)

It shall be unlawful for a person holding a retail license for fermented malt beverages, and any employee or agent of such person holding a retail license for fermented malt beverages, to permit the sale or consumption of fermented malt beverages on the licensed premises between the hours of 12:00 midnight and 8:00 a.m., or the sale in a sealed container on Christmas Day.

(Code 1975, § 25-31; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3506, § 1, 12-18-18)

It shall be unlawful for a person to possess or consume on premises licensed for fermented malt beverages any beverages containing alcohol in excess of the amount contained in a fermented malt beverage.

(Code 1975, § 25-32; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3506, § 1, 12-18-18)

It shall be unlawful for a retail licensee to permit the consumption of any alcoholic beverages or fermented malt beverages on the licensed premises at any time during such hours as the sale of such beverages is prohibited by law.

(Code 1975, § 25-33; Ord. No. 2349, § 5, 10-24-94)

It shall be unlawful for a licensee to possess, maintain or permit the possession, on the licensed premises, of any alcoholic beverage or fermented malt beverage, which such licensee is not licensed to sell or possess for sale.

(Code 1975, § 25-34; Ord. No. 2349, § 5, 10-24-94)

(a)

Except as provided in Section 42-27 it shall be unlawful for a licensee, manager or agent of any establishment licensed for on-premises consumption to knowingly permit the removal from the licensed premises of any alcoholic liquor in sealed or unsealed containers.

(b)

Except as provided in subsection (c) of this section, the licensee shall not be charged with permitting the removal of an alcoholic beverage from the licensed premises when the licensee has posted a sign at least ten inches wide and six inches high by each exit used by the public that contains the following notice in type that is at least one-half inch in height:

WARNING

DO NOT LEAVE THE PREMISES OF THIS ESTABLISHMENT WITH AN ALCOHOLIC
BEVERAGE.

IT IS ILLEGAL TO CONSUME AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE.

A FINE OF UP TO $250 MAY BE IMPOSED BY THE COURTS FOR A VIOLATION OF THIS PROVISION.

(c)

Regardless of whether a licensee posts a sign as specified in subsection (b), the licensee may be charged with knowingly permitting the removal of an alcoholic beverage from the licensed premises if the licensee shows reckless disregard for the prohibition against alcoholic beverage removal from the licensed premises, which may include permitting the removal of an alcoholic beverage from the licensed premises three times within a 12-month period, regardless of whether the three incidents occur on the same day or separate days. A licensee may be charged with knowingly permitting the removal of an alcoholic beverage from the licensed premises upon the third occurrence of alcoholic beverage removal from the licensed premises.

(d)

In addition to posting a sign as described in subsection (b), a licensee may also station personnel at each exit used by the public in order to prevent the removal of an alcoholic beverage from the licensed premises.

(Code 1975, § 25-35; Ord. No. 2349, § 5, 10-24-94; Ord. No. 3244, § 5, 6-25-13)