Section 18-12-1. Definitions. All definitions enumerated under Sec. 11-54-1 of the Northglenn Municipal Code are hereby adopted and incorporated into this Article as though fully set forth herein.

[Source: Ord. 1137, 1995]

Section 18-12-2. Application and Licensing Requirements for Sexually Oriented Businesses.

All Sexually Oriented Businesses operating in the City must have a valid annually renewable license issued by the City of Northglenn.

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

Any sexually oriented business currently operating in the City upon the effective date of this Article shall have sixty (60) days to apply for a license 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 the issuance of notification that a request for a license has been denied.

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.

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

If the applicant is:

an individual, the individual shall state his/her legal name and any aliases, date of birth, and submit satisfactory proof that he/she is twenty-one years of age; or

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 any state other than Colorado, that it is registered to do business in Colorado, the names and any aliases, date 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. For purposes of this Article 12, the term Principal Owner shall mean any person owning any interest in a corporation who makes policy and management decisions of the corporation;

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;

Whether the applicant or any of the other individuals listed in Subsection 18-12-2(d)(1)(A) 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;

Whether the applicant or any other individual listed in Subsection 18-12-2(d)(1)(A) 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;

Whether the applicant or any other individual listed in Subsection 18-12-2(d)(1)(A) holds any other licenses under this ordinance 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;

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

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

The applicant's mailing address and residential address;

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 and to some designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;

A straight-line drawing prepared within thirty (30) days prior to an initial application by a Colorado registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Article as applied to sexually oriented businesses which are located within eight hundred (800) feet of the property to be certified; and the property lines of any church, school, residential district, single or multiple dwelling unit or public park adjacent to any residential district, 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;

If a person who wishes to operate a sexually oriented business is an individual, he/she 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.

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.

Applicants for a license under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any material way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change shall be grounds for suspension or revocation of a license.

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.

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

The applicant shall pay a non-refundable application fee of two hundred dollars ($200.00) at the time of filing an application under this Section and at the time of filing of each annual renewal. The application fee is separate and distinct from the License Fee discussed in Section 18-12-5.

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 Article.

[Source: Ord. 1137, 1995]

Section 18-12-3. Investigation. Upon receipt of a completed application and upon payment of the non-refundable application fee, 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 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. Said investigation shall be completed within twenty (20) days of the date 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.

[Source: Ord. 1137, 1995]

Section 18-12-4. Issuing a License.

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 Subsections 18-12-2(c) and 18-12-3, but the request for a license may be denied pursuant to Subsection 18-12-4(d).

The City Clerk shall either issue a license or deny a request for issuance of a license within thirty (30) days from the date the application is accepted by the City Clerk. Upon the expiration of the thirtieth (30th) 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(s) for that denial.

Issuance.

The City Clerk shall not issue a license if one or more of the criteria set forth in Subsection (d)(1) below is present.

The license, if issued, shall state on its face the name of the person or persons 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 at or near the entrance to the sexually oriented business. The license issued pursuant to this Section 18-12-4 shall be transferable only pursuant to Section 18-12-10 herein.

Denial.

The City Clerk shall deny a request for issuance of a license for any of the following reasons:

An applicant has not attained the Lawful Age at the time the application is filed;

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;

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

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;

The application or license fees have not been paid;

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;

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

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

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

If an applicant has had a license issued under this or any other similar sexually oriented business ordinance from another city or county, denied, suspended, or revoked for cause within five (5) years of the date of the application.

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 (5) 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 no later than thirty (30) days from the issuance date of the City Clerk's written 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 Subsection 18-12-9(d) herein.

If, at the hearing referred to in Subsection 18-12-4(d), the City Manager determines that the applicant is ineligible for a license pursuant to Subsection 18-12-14(d)(1), the City Manager shall issue an order affirming the City Clerk's denial, within five (5) days after the date of the hearing is concluded, based on the findings of fact advanced at said hearing. A copy of the order shall be mailed, postage prepaid, or be served on the applicant at the address shown in the application.

The order of the City Manager made pursuant to Subsection 18-12-4(d)(1) above 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.

Notwithstanding any other time periods set forth in this Article, 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 (1) year after approval of the request for issuance of a license, the City Clerk shall suspend the license in accordance with the guidelines set forth in subsection 18-12-7(b). Such suspension shall occur if the building fails to be in operation within two (2) years of granting approval for the issuance of a license.

Notification under this Article 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 hereunder shall be considered received by the City within the time periods specified.

[Source: Ord. 1137, 1995]

Section 18-12-5. Annual License Fees.

The annual license fee, including renewal fees, for a license shall be $800.00. This fee does not include the application fee required by Subsection 18-12-2(h).

The annual license fee, including renewal fees, for a manager's license of a sexually oriented business is $75.00.

[Source: Ord. 1137, 1995]

Section 18-12-6. Expiration and Renewal of License.

Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 18-12-2 (for renewals, filing of the original survey shall be sufficient) of this ordinance and payment of the application fee. Application for renewal of a license shall be made at least sixty (60) days before the expiration date of the license. If a renewal application is submitted less than sixty (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.

The City Clerk may deny a request for renewal on the same grounds as stated in Subsection 18-12-4(d)(1) or (d)(3). If the City Clerk denies a request for renewal of a 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 thirty (30) days have elapsed since the date the application for renewal was denied and the correction has occurred within six (6) months of submitting the application for renewal.

[Source: Ord. 1137, 1995]

Section 18-12-7. Suspension of License.

The City Clerk shall suspend a license if the City Clerk finds that:

A licensee, owner, principal owner or a manager has:

Violated or is not in compliance with any Section of this Article including the regulations provided for in Section 18-12-13 or has been convicted of or plead guilty or no contest to the prohibitions contained in Section 18-12-14; or

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, said determination being based on investigation by the division, department or agency charged with enforcing said 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 (7) day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven (7) day period, the City Clerk shall forthwith suspend the license and shall notify the licensee of the suspension; or

Engaged in a license transfer contrary to Section 18-12-10. In the event that the City Clerk suspends a license on the ground that a licensee engaged in a license transfer contrary to Section 18-12-10, 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 18-12-10 has been followed; or

Failed to comply with the continuing duty of applicant or licensee to supplement an application requesting issuance of a license pursuant to Subsection 18-12-2(e) herein; or

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 in which the corporation is incorporated.

An employee of the licensee has been convicted of or plead guilty or no contest to the prohibitions contained in Section 18-12-14(d).

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 so notify the licensee within five (5) days of such decision. All license suspensions under this Section shall be for a period of thirty (30) days. The thirty days shall commence eleven (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 thirty-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 (6) months, the City Clerk will have the authority to revoke the license according to the procedures set forth in Section 18-12-9.

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 (10) days to request in writing 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 five (5) 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 18-12-9(d) herein.

[Source: Ord. 1137, 1995]

Section 18-12-8. Summary Suspension.

Where the City Clerk has reasonable grounds to believe and finds that a licensee 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.

The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing shall be for a period not to exceed fifteen (15) days. The licensee, during this time period, may request a hearing as provided for in Subsection 18-12-9(d). If the licensee does not request a hearing within said fifteen (15) days, then the license shall remain suspended for an additional fifteen (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 (6) months, the City Clerk will have the authority to revoke the license according to the procedures set forth in Section 18-12-9.

[Source: Ord. 1137, 1995]

Section 18-12-9. Revocation of License.

Subject to the appeal provisions provided herein, the City Clerk shall revoke a license upon determining that:

A cause for suspension as set forth in Section 18-12-7 exists and the licensee had previously been suspended within the preceding twelve (12) months; or

A license has been suspended under Section 18-12-8 and the licensee has failed to correct the violation for which the license was suspended within six (6) months; or

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

A licensee, owner, principal owner, manager or an employee has knowingly allowed possession, use or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) to occur on the licensed premises of a sexually oriented business; or

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

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; or

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; or

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; or

A licensee, owner, principal owner, manager or an employee has knowingly allowed any activity, conduct, or sale of material on the licensed premises that has been found by a court of law to be obscene; or

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.

In the event the City Clerk determines 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 (5) days of such decision. A licensee shall be entitled to a hearing before the City Clerk if the City seeks to revoke a license under this Section. A written request for such hearing must be received by the City Clerk within ten (10) days of the date the findings of fact are mailed. If the City Clerk receives no request for a hearing within ten (10) days of notification, the decision to revoke a license will be final. If the City Clerk receives a written request for a hearing by a licensee, the City Manager will schedule such hearing within fourteen (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 18-12-9(d) herein.

When the City Clerk has determined that a license should be revoked, the revocation shall continue for a period of two (2) 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 (2) years from the effective date of the revocation.

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 Chapter 18, for reasons stated herein, pursuant to the following procedure:

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 of any other witness 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 denying, suspending or revoking the license. The order shall be prepared within fifteen (15) 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.

The order of the City Manager made pursuant to Subsection 18-12-9(d)(1) 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 said order constitutes a waiver by said licensee, owner or principal owner of any right that may otherwise be available to contest the denial, suspension or revocation of the license.

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:

Petition any judge of the Municipal Court of the City 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 shall, after hearing convincing evidence in support of 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

Petition the District Court in and for Adams 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, either rejecting the petition or compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of wilful failure to comply with such order of the court.

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 licensed to practice law in the State of Colorado.

All hearings held before the City Clerk or the City Manager regarding suspension or revocation of a license issued under this ordinance 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.

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.

If the City Manager affirms a decision by the City Clerk to deny, suspend or revoke, pursuant to the applicable subsections herein, the denial, suspension or revocation shall be for the same time period and upon the same conditions as specified by that subsection.

[Source: Ord. 1137, 1995]

Section 18-12-10. Transfer of License.

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

A licensee shall not transfer a license issued under this Article either directly or indirectly to any person, business, partnership, corporation or any other entity.

A license cannot be transferred to a different location.

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

[Source: Ord. 1137, 1995]

Section 18-12-11. Changing, Altering, or Modifying Licensed Premises.

After the 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 specification 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 18-12-2.

For purposes of this Section, physical changes, alterations or modification 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:

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

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 licensee premises from or between public streets or thoroughfares, adjacent or abutting buildings, rooms or premises;

Any change, alteration or modification to a Peep Booth which would result in increasing the size of the Peep Booth to more than one hundred fifty (150) square feet of floor space;

Any change, alteration or modification of the manager's station for sexually oriented businesses which exhibit sexually explicit films or videos in Peep Booths;

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. The foregoing shall not apply to painting and redecorating of premise; 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.

[Source: Ord. 1137, 1995]

Section 18-12-12. Manager's License.

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.

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 Subsection 18-12-2(A). The City Clerk shall grant the application within twenty (20) days of its filing unless:

The applicant is not of lawful age;

The applicant has failed to provide the information required by this Section or failed to complete the application;

The license fee for a manager's license, as required by Section 18-12-5 herein, has not been paid;

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 law in effect in the City.

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

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

[Source: Ord. 1137, 1995]

Section 18-12-13. Regulations for the Operation of a Sexually Oriented Business.

Inspection of the Premises. An applicant, licensee, owner, principal owner, or manager shall permit representatives of the Building Inspection Division, the Tri-County Health Department, the Fire Department, or the Police Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with any applicable law, ordinance, code or regulation, at any time it is occupied by anyone or open for business.

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, video cassette or other video reproduction in a peep booth, which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

Shall have one or more manager's stations. A manager's station may not exceed thirty-two (32) square feet of floor area. No alteration in the configuration or location of the manager's station as provided for in Subsections 18-12-3 and 18-12-11(b)(4) may be made without the prior approval of the City Clerk;

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;

The interior of the sexually oriented business premise shall be configured in such a way that there is an unobstructed view from the 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, then 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 11;

No Peep Booth may be occupied by more than one person at any one time;

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.

Hours of Operation.

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;

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.

On any Sunday.

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

Minimum Age. The licensee, owner, principal owner, manager or any employee of the licensee shall not allow or permit anyone under the lawful age to be in or upon licensed premises.

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 (5.0) foot candle as measured at the floor level.

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 (3) feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within three (3) feet of the edge of the stage.

Conduct for Sexually Oriented Businesses.

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

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.

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 a liquor licensed premise contained in Chapter 18 of the Northglenn Municipal Code.

Sexually Oriented Businesses Dealing with Employee Tips.

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

A licensee, owner, principal owner or manager wanting to provide for tips from its patrons shall establish one or more containers to receive tips. All tips for such employees shall be placed by patrons into the tip container. Any sexually oriented business which offers tip containers as provided for in this Subsection shall post one or more signs to be conspicuously visible to the patrons on the premises in letters at least one (1) 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 THE EMPLOYEES IS STRICTLY PROHIBITED.

[Source: Ord. 1137, 1995]

Section 18-12-14. Violations and Penalties.

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

The business does not have a sexually oriented business license;

The business has a license which is under suspension;

The business has a license which has been revoked;

The business has a license which has expired;

The business has an employee acting as a manager without a sexually oriented business manager's license;

The business has not paid an application fee, a license fee, or a manager's license fee.

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

Operation of licensed premises in violation of a municipal ordinance, state or federal law or any applicable state or county health department regulation;

Operation of licensed premises in violation of any of the regulations contained in Section 18-12-13;

Non-compliance with the requirements of Subsection 18-12-2(d);

Transfer or attempt to transfer a license in violation of Section 18-12-9;

Change, alter or modify the licensed premises of a sexually oriented business, or attempt to do so without complying with Section 18-12-10;

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.

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

Make a false statement on an application for a license or fail to disclose facts as required by Subsection 18-12-2(d);

Permit any person, employee or patron on the licensed premises who has not attained the lawful age;

Engage in, or allow patrons or employees to be engaged in any prohibited sexual activity on the licensed premises;

Fail to comply with or allow any patron or employee to violate any of the regulations contained in Section 18-12-13.

It shall be unlawful for any person to knowingly:

Enter or remain on the licensed premises when such a person has not attained the lawful age;

Commit or engage in any prohibited sexual activity on the licensed premises;

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.

Penalties:

Any violation of this Section shall be punishable as provided by Section 1-1-10(a)(2) of this Code.

Each day a licensed premises is in violation of any provision under this Section shall constitute a separate and distinct offense.

It is an affirmative defense to prosecution for any violation under this Section that an owner, principal owner, patron or employee of a sexually oriented business exposed any specified anatomical area during such persons 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.

[Source: Ord. 1137, 1995; 1659, 2013]

Section 18-12-15. Severability and Enforceability. If any section, subsection or clause of this Article 12 shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby, it being the intent of the City Council that the constitutional provisions of this Article be given full effect regardless of whether any section, subsection or clause is found to be constitutionally invalid.

[Source: Ord. 1137, 1995]