Chapter 9.38 REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES

The purpose and intent of this chapter is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, thereby reducing or eliminating any adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 1993-15 § 1 (part))

9.38.020 Definitions.

As used in this chapter.

“Adult bookstore,” “adult novelty store” or “adult video store” means:

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

B. 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, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of subsection A are otherwise met.

“Adult cabaret or restaurant” means an adult cabaret or restaurant as defined in Section 17.08.040 of this code which features: (a) persons who appear nude or in a state of nudity or semi-nude; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. However, adult cabarets or restaurants licensed pursuant to the provisions of the Colorado Liquor Code, Section 12-47-101, et seq., CRS, shall be excepted from the provisions hereof, provided the liquor license is not suspended or revoked.

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

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

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

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

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

D. The relocation of a sexually oriented business.

“Licensing Officer” means the City Manager or his designee.

“Manager” means an operator, other than a permittee, who is employed by a sexually oriented business to act as a manager or supervisor of employees or otherwise responsible for the operation of the business.

“Nude model studio” means any place where a person, who appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.

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

“Operator” means and includes the owner, permittee, custodian, manager, operator or person in charge of any permitted premises.

“Peep booth” means a viewing room of less than one hundred fifty (150) square feet of floor space.

“Permittee” means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual(s) listed as an applicant on the application for a permit.

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

“Premises” or “permitted premises” means any premises that requires a permit and that is classified as a sexually oriented business.

“Principal owner” means any person owning, directly or beneficially, (a) ten (10) percent or more of a corporation’s equity securities; (b) ten (10) percent or more of the membership interests in a limited liability company; or (c) in the case of any other legal entity, ten (10) percent or more of the ownership interests in the entity.

“Sexually oriented business,” for the purpose of this chapter, means an adult bookstore, adult novelty shop, adult video store, nude model studio, or adult cabaret or restaurant which is not licensed pursuant to the Colorado Liquor Code, Section 12-47-101, et seq., CRS. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

“Semi-nude” 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.

“Specified anatomical areas” as used in this chapter means and includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

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

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

“Specified sexual activities” means and includes any of the following:

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

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

C. Masturbation, actual or simulated;

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

E. Excretory functions as a part of or in connection with any of the activities set forth in subsections A through D of this definition.

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

A. The sale, lease or sublease of the business;

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

C. The establishment of a trust, management arrangement, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon death of a person possessing the ownership or control. (Ord. 1993-15 § 1 (part))

ARTICLE II. PERMITS FOR SEXUALLY ORIENTED BUSINESSES

9.38.030 Permit Required.

A. Subsequent to January 1, 1994, no sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city. However, sexually oriented businesses existing and operating at the time of adoption of this chapter shall make application for the required permit within thirty days from the effective date of this chapter, and the businesses may continue to operate until denial, revocation, suspension or cancellation of the sexually oriented business permit by the Licensing Officer, as provided in this chapter.

B. Prior to establishment of a sexually oriented business, an application for the required permit shall be filed with the Licensing Officer pursuant to Section 9.38.040 of this chapter, and the applicant may begin operating such business as provided in Section 9.38.070 of this chapter.

C. It is unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually oriented business and the person knows or reasonably should know that:

1. The business does not have a sexually oriented business permit;

2. The business has a permit which is under suspension;

3. The business has a permit which has been revoked; or

4. The business has a permit which has expired. (Ord. 1993-15 § 1 (part))

9.38.040 Application for permit for sexually oriented business.

A. The Licensing Officer is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

B. The Glendale Police Department is responsible for providing information as to whether an applicant has been convicted of a specified criminal act during the time periods set forth in Section 9.38.070(C)(1) (i).

C. The Building Inspection Department is responsible for inspecting a sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

D. Any person desiring to operate a sexually oriented business shall file with the Licensing Officer an original and two (2) copies of a sworn permit application on the standard application form supplied by the Licensing Officer, and shall pay an application fee in the amount of four hundred fifty dollars ($450.00).

E. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is an individual, the individual shall state his legal name and any aliases, date of birth, social security number, telephone number, and. residence and business address, and submit satisfactory proof that he is twenty-one (21) years of age.

2. If the applicant is. a legal entity, the person shall state its complete name, the date and place of its organization, its principal place of business, and submit 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 another state other than Colorado, that it is registered to do business in Colorado, and state the name of the registered agent and the address of registered office for service of process, if any. application shall also contain all of the information documents required for individual applicants in subsection (E)(1) of this section with respect to all officers, directors, managers and principal owners.

3. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state the sexually oriented business’s assumed or trade name.

4. Whether the applicant or any of the other, individuals listed pursuant to subsections (E)(1) or (2) of this section have been convicted of a specified criminal act within the times set forth in Section 9.38.070(C)(1)(i), and if so, the specified criminal act involved, the date of conviction and the place of conviction.

5. Whether the applicant or any of the other individuals listed pursuant to subsections (E)(1) or (2) of this section has had a previous permit under this or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, and, if so, the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as-the date of the denial, suspension or revocation.

6. Whether the applicant or any other individuals listed pursuant to subsections (E)(1) or (2) of this section has been a partner in a partnership or a principal owner of a corporation or other legal entity whose permit has previously been denied, suspended or revoked, and, if so, the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

7. Whether the applicant or any other individuals listed pursuant to subsection (E)(1) or (2) of this section holds any other permits and/or licenses under this chapter or other similar sexually oriented ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

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

9. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. 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 art accuracy of plus or minus six (6) inches. The Licensing Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. If the sexually oriented business has or will have a peep booth or booths subject to provisions of Article VI of this chapter, the sketch shall show locations of each manager’s station and designate any portion of the premise in which patrons will not be permitted.

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

F In the event that the Licensing Officer determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

G. The fact that a person possesses other types of state or city permits and/or licenses, except a valid liquor license issued pursuant to the Colorado Liquor Code, Section 12-47-101, et seq., CRS, does not exempt him from the requirement of obtaining a sexually oriented business permit. (Ord. 1993-15 § I (part))

9.38.050 Duty to supplement application.

Applicants for a permit under Section 9.38.040 have a continuing duty to promptly supplement application information required by that section in the event information stated on the application changes in any way. The failure to comply with the continuing duty within thirty (30) days from the date of such change shall be grounds for suspension of a permit. (Ord. 1993-15 § 1 (part))

9.38.060 Investigation of application.

A. Upon receipt of an application for a sexually oriented business permit properly filed with the Licensing Officer and upon payment of the nonrefundable application fee, the Licensing Officer shall immediately stamp the application as received and send photocopies of the application to the Glendale Police Department and the Building Inspection Department. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law. The investigation shall be completed within twenty (20) days of receipt of the application by the Licensing Officer. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefore. The Glendale Police Department shall only be required to provide the information specified in Section 9.38.040(B), and shall not be required to approve or disapprove applications.

B. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Licensing Officer. (Ord. 1993-15 § 1 (part))

9.38.070 Issuance of permit.

A. The Licensing Officer shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. If the Licensing Officer fails to either grant or deny the application within thirty (30) days, the applicant shall be permitted to begin operating the business for which the permit is sought, until the Licensing Officer notifies the applicant in writing of the denial of the application and states therein the reasons for such denial.

B. Grant of Application for Permit.

1. The Licensing Officer shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.

2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time.

C. Denial of Application for Permit.

1. The Licensing Officer shall deny the application for any of the following reasons:

a. An applicant is under twenty-one (21) years of age;

b. An applicant is overdue on his payment to the city of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business;

c. An applicant has failed to provide information required by Section 9.38.040(E) for the issuance of the permit or has falsely answered a question or request for information on the application form;

d. The premises to be used for the sexually oriented business have been disapproved by an inspecting agency pursuant to the provisions of Section 9.38.060(B);

e. The application or permit fees have not been paid;

f. An applicant or the proposed business is in violation of, or is not in compliance with, any provision of this chapter,

g. The granting of the application would violate a statute, ordinance, or court order,

h. The applicant has a permit under this chapter which has been suspended or revoked within the previous twelve (12) months;

i. An applicant has been convicted of a specified criminal act or acts for which: (1) less than two (2) 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 (5) 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 (5) 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 (2) 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 or acts may qualify for a sexually oriented business permit only when the time period required above has elapsed.

D. If the Licensing Officer denies the application, he shall notify the applicant in writing of the denial and state the reason(s) for the denial. (Ord. 1993-15 § I (part))

9.38.080 Expiration of permit and renewal.

A. Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 9.38.040, and paying the annual permit fee in the amount of one hundred dollars ($100.00).

B. Application for renewal of a permit shall be made at least thirty (30) days prior to the expiration date of the permit. If a renewal application is made fewer than thirty (30) days prior to the expiration date of a permit, the expiration of the permit will not be affected.

C. The Licensing Officer shall grant or deny renewal based upon the criteria set forth in Section 9.38.070 of this chapter.

D. If, subsequent to denial of renewal, the Licensing Officer finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date the denial became final. (Ord. 1993-15 § 1 (part))

9.38.090 Suspension of permit.

A. The Licensing Officer shall suspend a permit for a period not to exceed sixty (60) days if he determines that a permittee, or an employee of a permittee, has:

1. Violated or is not in compliance with any section of this chapter, or

2. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter, or

3. Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the determination being based on investigation by the division, department or agency charged with enforcing the rules or laws. In the event of such a statute, code, ordinance or regulation violation, the Licensing Officer shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation prior to expiration of the seven (7) day period, the Licensing Officer shall forthwith suspend the permit;

4. Engaged in a permit transfer contrary to Section 9.38.110.

B. In the event the Licensing Officer suspends a permit, the Licensing Officer shall forthwith notify the permittee in writing of the suspension and state the reason(s) for suspension.

C. If the violation of the statute, code, ordinance, or regulation in question, or other reason for suspension has not been corrected within sixty (60) days from the effective date of the suspension, the permit shall be revoked. (Ord. 1993-15 § 1 (part))

9.38.100 Revocation of permit.

A. The Licensing Officer shall revoke a sexually oriented business permit upon determining that:

1. A cause of suspension in Section 9.38.090 of this chapter occurs and the permit has been suspended within the preceding twelve (12) months; or

2. A cause of suspension has not been corrected within sixty (60) days from the effective date of the suspension; or

3. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit; or

4. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, CRS) on the premises; or

5. A permittee or an employee has knowingly allowed prostitution on the premises; or

6. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permit was suspended; or

7. A permittee has been convicted of a specified criminal act for which the time period set forth in Section 9.38.070(c)(1)(i) of this chapter has not elapsed; or

8. On two or more occasions within a twelve (12) month period, a permittee, manager, or employee committed a specified criminal act in or on the permitted premises for which a conviction has been obtained, and the person was an employee of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

9. A permittee is delinquent in payment to the city or state for any taxes or fees; or

10. A permittee or an employee has knowingly allowed any specified sexual activity to occur in or on the permitted premises; or

11. The permittee has operated more than one (1) sexually oriented business within the same building, structure, or portion thereof without obtaining a permit therefor.

B. When the Licensing Officer revokes a permit, the revocation shall continue for one (1) year from the date revocation became effective, and the permittee shall not be issued a sexually oriented business permit for one (1) year. (Ord. 1993-15 § 1 (part))

9.38.110 Transfer of permit.

A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his permit to another person unless and until such other person satisfies the following requirements:

1. Obtains an amendment to the permit from the Licensing Officer which provides that he is now the permitee, which amendment may be obtained only if he has completed and properly filed an application with the Licensing Officer, setting forth the information required under Section 9.38.040; and

2. Pays a transfer fee of two hundred fifty dollars ($250.00).

C. No permit may be transferred when the Licensing Officer has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. A permittee shall not transfer his permit to another location.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void. (Ord. 1993-15 § 1 (part))

ARTICLE III. REVIEW OF CITY MANAGER’S DECISION

9.38.120 Review of permit denial, suspension of revocation.

A. Within five (5) calendar days from the date of the City Manager’s written denial of an application, denial of a renewal of an application, suspension or revocation of a sexually oriented business permit, the permittee may file with the City Clerk a written notice of appeal to the City Council stating with particularity the basis of the exception taken with such denial, suspension or revocation. A copy of such document shall be concurrently submitted to the office of the City Attorney.

B. At the next scheduled meeting of the City Council following actual receipt for filing of the notice of appeal by the City Clerk, the City Council shall schedule a public hearing to be conducted within ten (10) days from the date of such meeting of the City Council, unless the city and the permittee agree in writing to another time.

C. Within ten (10) days following the conclusion of such hearing, the City Council shall issue a written decision on the appeal. Unless the timeliness of such decision is waived by the permittee in writing, the failure of the City Council to timely issue a decision shall operate as an approval of the relief requested by the permittee. Such actual or imputed approval shall not relieve the permittee from complying with all other generally applicable requirements of the city relating to sexually oriented businesses.

D. Relief sought from the decision of the City Council under this section shall be subject to the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 1993-15 § 1 (part))

ARTICLE IV. MANAGER’S LICENSE

9.38.130 Manager’s license—Required.

Except for managers already reported and approved by state and local liquor licensing authorities pursuant to Section 12-47-106, CRS, each permittee shall obtain a license for each manager employed by the permittee, and shall report any change in the information stated in each manager’s application for a license. It shall be unlawful, and a permittee commits a misdemeanor, if a person works as a manager of the sexually oriented business without first obtaining a manager’s license or approval as a manager by state and local liquor licensing authorities. (Ord. 1993-15 § 1 (part))

9.38.140 Application for manager’s license.

A. An application for a manager’s license on a form to be provided by the Licensing Officers shall be submitted to the Licensing Officer for each manager required to be licensed hereunder, along with payment of the licensing fee in the amount of seventy-five dollars ($75.00). The application shall contain the name of the permittee, the applicant’s name and any aliases, address, date of birth, Social Security number, telephone number and the information required in Section 9.38.040(E)(4) of this chapter.

B. The Licensing Officer shall grant the application within ten (10) days of its filing unless:

1. The applicant is under the age of twenty-one (21);

2. The applicant has failed to provide information required by this section;

3. The manager’s license fee has not been paid;

4. The applicant has been convicted of a specified criminal act within the times set forth in Section 9.38.070(C)(1)(i) of this chapter.

C. A manager’s license shall remain in effect until the manager’s employment by the permittee is terminated or the Licensing Officer determines that the manager gave false or misleading information on the application or has been convicted on two (2) or more occasions within a twelve (12) month period of committing a specified criminal act while in or on the permitted premises.

D. Each permittee shall have a continuing duty to report to the Licensing Officer any change in the manager’s license application information, and failure to do so within thirty (30) days from the date of such change shall be grounds for suspension of the sexually oriented business permit. (Ord. 1993-15 § I (part))

ARTICLE V. INSPECTION

9.38.150 Inspection—To be permitted by applicant or permittee.

A. An applicant or permittee shall permit representatives of the Building Inspection Department and the Fire 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 or open for business.

B. A person who operates a sexually oriented business or his agent commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 1993-15 § 1 (part))

ARTICLE VI. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN PEEP BOOTHS

9.38.160 Regulation of peep booths.

A. A person who operates or causes to be operated a sexually oriented business which exhibits on the premises, in a peep booth, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the requirements of this article.

B. The premises containing peep booths shall have one (1) 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 a manager’s station may be made without the prior approval of the Licensing Officer.

C. At least one (1) employee must be on duty and situated at each manager’s station at all times that any patron is present inside the premises.

D. The interior of the premises containing peep booths shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video display equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

E. It shall be the duty of the permittee and any agents and in the premises to ensure that remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this chapter.

F. No peep booth may be occupied by more than one (1) person at any one time.

G. No door, screen or other covering shall be placed or allowed to remain on any peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent peep booths.

H. Peep booths must be separated from other peep booths by a solid, uninterrupted physical divider which is a minimum of one quarter (’/a) inch thick and serves to prevent physical contact between patrons.

I. A person having a duty under this article commits a misdemeanor if he knowingly fails to fulfill that duty. (Ord. 1993-15 § 1 (part))

9.38.170 Lighting regulations.

A. The interior portion of the premises of a sexually oriented business containing peep booths shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place (including peep booths) at an illumination of not less than ten (10) foot candle as measured at the floor level.

B. It shall be the duty of the permittee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. (Ord. 1993-15 § 1 (part))

ARTICLE VII. HOURS OF OPERATION

9.38.180 Hours of operation.

It is unlawful for a sexually-oriented business to be open for business or for the permittee or any employee of a permittee to allow patrons upon the permitted premises between the hours of 2:00 a.m. to 7:00 a.m. on any day of the week. (Ord. 2000-6 § 1: Ord. 1993-15 § 1 (part))

ARTICLE VIII. MINIMUM AGE

9.38.190 Minimum age.

A. It shall be unlawful for any person under the age of eighteen (18) years to be upon the premises of a sexually oriented business.

B. It shall be unlawful for the permittee or any employee of the permittee to allow anyone under the age of eighteen (18) years upon the premises of a sexually oriented business. (Ord. 1993-15 § 1 (part))

ARTICLE IX. EXEMPTIONS/EXCEPTIONS

9.38.200 Exemptions/Exceptions.

A. The provisions of this chapter regulating nude model studios do not apply to:

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

2. A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

3. A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude model is on the premises at any one (1) time.

B. Adult cabarets or restaurants licensed pursuant to the provisions of the Colorado Liquor Code, Section 12-47-101, et seq., CRS, provided the liquor license is not suspended or revoked, are excepted from the provisions of this chapter. (Ord. 1993-15 § I (part))

ARTICLE X. CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF

9.38.210 City’s remedies.

A. If any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person, upon conviction of such an offense, shall be punished as provided in Section 1.16.010 of this code. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation shall be considered as a separate offense.

B. Nothing in this chapter shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

C. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. (Ord. 1995-17 § 16; Ord. 1993-15 § 1 (part))