Section 18-13-1. Title. This ordinance shall be known and cited as the Northglenn Non-Alcoholic Dance Club Ordinance.

[Source: Ord. 1237, 1999]

Section 18-13-2. Legislative Declaration. The City Council hereby finds and declares that the operation of Non-Alcoholic Dance Clubs within the City requires regulation. Such businesses customarily attract large numbers of patrons at late hours, many of whom have been consuming alcoholic beverages and who come to the Non-Alcoholic Dance club only after liquor licensed establishments have closed. As a result, such businesses generate a disproportionate number of police calls, create traffic, noise and parking problems, negatively impact nearby businesses and residences and generally require increased levels of City services.

[Source: Ord. 1237, 1999]

Section 18-13-3. Definitions. As used in this Article 13 of Chapter 18 of the Northglenn Municipal Code, the following words shall have the following meanings.

"Non-Alcoholic Dance Club" shall mean a place or establishment that, on a regular rather than occasional or periodic basis, provides live or recorded music and a dance floor on the premises but which is not licensed to serve or dispense vinous, spirituous or fermented malt beverages.

[Source: Ord. 1237, 1999]

Section 18-13-4. License, Payment of Fee Required.

No Non-Alcoholic Dance Club shall conduct business or operate within the City without a valid and current license as provided herein.

No Non-Alcoholic Dance Club shall conduct business or operate within the City without first paying the fee imposed by Section 18-13-9 below.

[Source: Ord. 1237, 1999]

Section 18-13-5. License--Application. The application for a Non-Alcoholic Dance Club License shall be made to the City Clerk on forms provided by the Clerk, and shall be accompanied by the required license fee.

[Source: Ord. 1237, 1999]

Section 18-13-6. License--Issuance.

Application for a Non-Alcoholic Dance Club License shall be reviewed by the City Clerk. The Police Department, upon request by the City Clerk, shall conduct a background investigation regarding the applicant for such license and its officers and directors.

The City Clerk shall grant a Non-Alcoholic Club License within five (5) business days of receipt of a completed application unless the Clerk finds any of the following:

That the applicant has made false statements upon the application.

That the applicant or any of its officers or directors has been convicted of a felony within the last ten (10) years.

That the proposed Non-Alcoholic Dance Club is located within five hundred feet (500') of the boundary of any public or parochial school grounds. Said distance shall be computed by direct measurement from the nearest portion of the building in which the Non-Alcoholic Dance Club is located to the nearest portion of the building in which the school is located.

In the event the Clerk denies a Non-Alcoholic Dance Club License application based on the criteria set forth in subsection (b) of this Section 18-13-6, the Clerk shall state the reasons for such denial in writing. Any decision of the City Clerk may be reviewed by the City Council if a written appeal from that decision, stating in detail the basis of the appeal, is filed with the City Clerk within twenty (20) days following such decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council's agenda, and shall be heard as a public hearing. The City Council shall render a written decision on the appeal within forty (40) days after receipt of a written appeal. Any appeal from the City Council's decision shall be to Adams County District Court.

[Source: Ord. 1237, 1999; 1239, 1999]

Section 18-13-7. License--Term. All licenses granted pursuant to this Article shall be for a term of one (1) 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.

[Source: Ord. 1237, 1999]

Section 18-13-8. License--Renewal. Renewal of any License granted pursuant to this Article may be had by payment of the annual License Fee along with a statement that the information contained in the original License application is still true and correct, or a statement listing those items of information which have changed in the year since the License was originally issued or last renewed.

[Source: Ord. 1237, 1999]

Section 18-13-9. License Fee. Applicants or holders of a Non-Alcoholic Dance Club License shall pay an annual fee in the amount of five hundred dollars ($500.00) for each ten (10) persons allowed to occupy the premises pursuant to the certificate of occupancy issued by the Building Department or the Non-Alcoholic Dance Club.

[Source: Ord. 1237, 1999]

Section 18-13-10. License--Suspension or Revocation.

The City Clerk shall, in accordance with the provisions of Article 1 of Chapter 18 of this Municipal Code, either suspend or revoke any License issued pursuant to this Article upon a finding of any of the following factors:

That repeated disturbances of the public peace have occurred within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds adjacent to, or used by patrons of, the licensed premises involving patrons, employees, or the holder of the License. For purposes of this subsection (a) (1) of Section 18-13-10, "repeated disturbances of the public peace" shall mean more than one disturbance requiring a response by the Northglenn Police Department.

That the holder of the License or any employee thereof is illegally offering for sale, or illegally allowing to be consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licenses premises, narcotics or drugs.

That the holder of the license or a responsible manager is not on the premises at all times that the Non-Alcoholic Dance Club is open to the public.

That vinous, spirituous or fermented malt beverages are being consumed on the premises with or without the consent of the holder of the License by patrons of the licensed establishment or where such beverages are being consumed by patrons of the establishment upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises.

That the Non-Alcoholic Dance Clubs is being maintained in such a way as to violate any building code, zoning or public health requirement imposed by the City, county or state ordinance, law or regulation.

That any provision of this Article has been violated by the licensee or any of its employees, officers or agents.

Any decision of the City Clerk specified in this Section may be appealed by any aggrieved party to the City Council by the filing of a written notice of appeal no later than twenty (20) days following the date of the City Clerk's decision. Upon receipt of such notice of appeal, the appeal shall be placed on the City Council's agenda, and shall be heard as a public hearing. The City Council shall render a written decision on the appeal within forty (40) days after receipt of a written appeal. Any appeal from the City Council's decision shall be to Adams County District Court.

[Source: Ord. 1237, 1999; 1239, 1999]

Section 18-13-11. Hours of Operation. No establishment licenses pursuant to this Article shall operate between the hours of 11:00 p.m on weeknights/ 12:00 midnight on Friday, Saturday and Sunday until 3:00 p.m. the following day.

[Source: Ord. 1237, 1999]

Section 18-13-12. Occupancy Limitations. No establishment licensed pursuant to this Article shall allow occupancy by more than two hundred (200) persons, or such lesser number as is allowed by any applicable building or fire code, at any given time.

[Source: Ord. 1237, 1999]

Section 18-13-13. Penalty. Violations of this Article are punishable in accordance, with Section 1-1-10(a)(2) of this Municipal Code.

[Source: Ord. 1237, 1999]

Section 18-13-14. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances.

[Source: Ord. 1237, 1999]

Section 18-13-15. Burden of Proof. The burden of proof in all proceedings under this Article 13 shall be on the City.

[Source: Ord. 1239, 1999]

Section 18-13-16. Judicial Review. Judicial review of any decision of the City Council shall be pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

[Source: Ord. 1239, 1999]