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O-2004-34
AN ORDINANCE
ADDING CHAPTER 5.41 TO TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO
BUSINESS LICENSES AND REGULATIONS
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Title 5 of the Lakewood Municipal Code is hereby amended by the
addition of a new Chapter 5.41 to read as follows:
CHAPTER 5.41
NON-ALCOHOLIC DANCE CLUBS
Sec. 5.41.010. Purpose.
A. The City Council hereby finds and declares that the operation of non-alcoholic
dance clubs within the City requires regulation. To advance the public health,
safety, and welfare, it is necessary to license and regulate what are commonly
referred to as teen clubs and after-hours clubs by establishing a non-alcoholic
dance club license.
B. To provide a place where teenagers and young adults can socialize with each
other but not be subject to the potentially detrimental influences of older
adults, it is necessary to restrict admission to a non-alcoholic dance club,
prior to the hour of midnight, to those persons who have reached the ages of
sixteen to twenty. After midnight, persons who have reached eighteen years of
age could remain until four o'clock (4:00) a.m. while juvenile patrons would
have to exit the premises of the non-alcoholic dance club.
C. The City does not currently regulate nightclubs and places of entertainment
that do not serve alcoholic beverages. After-hours non-alcoholic dance clubs
customarily attract large numbers of patrons at late hours, some of whom have
been consuming alcoholic beverages and who come to such clubs only after liquor-licensed
establishments have closed. As a result, non-alcoholic dance clubs generate
a disproportionate number of police calls, create traffic, noise, and parking
problems, negatively impacting nearby businesses and residences and generally
requiring increased levels of City services.
Sec. 5.41.020. Definitions.
As used in this chapter, the following words and terms shall be defined as
follows:
"Authority" or "Licensing Authority" means the Lakewood
Liquor and Fermented Malt Beverage Licensing Authority.
"City Clerk" means the City Clerk of the City of Lakewood or his
or her designee.
"Licensed premises" means the premises specified in an application
for a license under this Chapter, which are owned or in possession of the licensee,
within which such licensee is authorized to conduct a non-alcoholic dance club.
"Manager" includes the person or those persons who manage, direct,
supervise, oversee, or administer the acts or transactions of employees or agents
of the establishments governed by this Chapter.
"Non-alcoholic dance club" means a building, a part of a building,
room, or premises, wherein in consideration of payment of an admission fee or
other monetary gain, persons are admitted and music, whether live or recorded,
vocal or instrumental and a dance floor or dance area is provided, but which
is not licensed to serve or dispense alcoholic beverages.
"Person" means a natural person, partnership, association, company,
corporation or organization or a manager, agent, servant, officer or employee
thereof.
Sec. 5.41.030. License required - Fee - Display.
A. No person shall be permitted to operate a non-alcoholic dance club in the
City without a valid license as required by this Chapter.
B. The annual license fee for operating a non-alcoholic dance club shall be
payable to the City Clerk at the time an initial application for a license is
filed or at the time a renewal application is filed. The license fee is in addition
to any application fee required by this Chapter. Annual license fees shall be
nonrefundable unless an application is denied. The fee shall be five hundred
dollars. In the future, all fees will be set by city council resolution.
C. Such license shall be prominently displayed at all times upon the premises
for which the license was issued.
Sec. 5.41.040. Application.
A. All applicants for a non-alcoholic dance club shall file a completed application
for such license with the City Clerk on forms to be provided by the City Clerk.
Each individual applicant, partner of a partnership, officer or director of
a corporation, and manager of a limited liability company and all business managers,
shall be named in each application form, and each of them shall be photographed
and fingerprinted by the Lakewood Police Department.
B. Each application for a non-alcoholic dance club license shall contain the
following information and be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his legal name and any aliases
and submit satisfactory proof that he is eighteen (18) years of age or older;
if a foreign national, the individual shall submit satisfactory proof of legal
status;
b. A partnership, the partnership shall state its complete name and the names
of all partners, whether the partnership is general or limited, and provide
a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the date of
its incorporation, evidence that the corporation is in good standing under the
statutes of the State of Colorado, or in the case of a foreign corporation,
evidence that it is currently authorized to do business in the State of Colorado,
the names and capacities of all officers, directors, and the name of the registered
corporate agent and the address of the registered office for service of process;
d. A limited liability company, the company shall state its complete name,
the date of its formation, evidence that the company is in good standing under
the statutes of the State of Colorado, or in the case of a foreign company,
evidence that it is currently authorized to do business in the State of Colorado,
and the name of the manager and registered agent and the address of the registered
office for service of process.
2. Whether the applicant or any of the other individuals required to be listed
in the application or any manager has been arrested or convicted of any criminal
acts involving alcohol or narcotics or dangerous drugs or any crimes of moral
turpitude and, if so, the criminal act involved, the date and place of the arrest,
the conviction, and the disposition;
3. Whether the applicant or any of the other individuals required to be listed
in the application or any manager are sex offenders required to register with
local law enforcement agencies in accordance with § 18-3-412.5, C.R.S.;
4. Whether the applicant or any of the other individuals required to be listed
in the application or any manager has previously operated or is currently operating
or has been or is currently an officer, director, manager, partner, member,
principal owner and/or employee of a legal entity which is operating or has
operated an unlicensed non-alcoholic dance club and, if so, the name and location
of the unlicensed club and whether such club has ever been declared a public
nuisance, as well as the date and jurisdiction of such declaration as a public
nuisance;
5. Whether the applicant or any of the other individuals required to be listed
in the application or any manager has previously operated or is currently operating
or has been or is currently an officer, director, manager, partner, member,
principal owner and/or employee of any legal entity which has had a previous
license under this Chapter or any other similar non-alcoholic dance club ordinance
from another city or county denied, suspended, revoked, or declared a public
nuisance, and, if so, the name and location of the club for which such license
was denied, suspended, revoked, or declared a public nuisance, as well as the
date of such denial, suspension, revocation, or declaration of public nuisance;
6. Whether the applicant or any of the other individuals required to be listed
in the application or any manager holds any other licenses under this Chapter
or other similar non-alcoholic dance club licenses from another city or county,
and, if so, the names and locations of such other businesses;
7. Whether the applicant or any of the other individuals required to be listed
in the application or any manager has previously operated or is currently operating
or is currently an officer, director, manager, partner, member, principal owner
and/or employee of any legal entity with an interest in a liquor licensed premise
and if so, the name and location of the liquor licensed premises and whether
such license has ever been denied, suspended, revoked, or declared a public
nuisance, as well as the date of such denial, suspension, revocation, or declaration
of public nuisance;
8. The location of the proposed non-alcoholic dance club, including a legal
description of the property, street address, and telephone number(s), if any;
9. Satisfactory proof of the applicant's ownership or right to possession of
the premises wherein the non-alcoholic dance club will be operated;
10. If the building wherein the non-alcoholic dance club will be operated is
in existence, complete plans and specifications for the interior of the building;
11. Provide evidence from the Lakewood Community Planning and Development Department
that the proposed location of such business complies with the locational requirements
of the zoning ordinance;
12. The applicant's mailing address and residential address; and
13. The applicant's social security number, his federally issued tax identification
number, and his date of birth.
C. Each application for a non-alcoholic dance club shall be verified by the
oath or affirmation of the applicant or the applicant's authorized agent.
Sec. 5.41.050. Application fee.
A. Each applicant, whether an individual, partnership, limited liability company,
or corporation, shall pay an application fee at the time of submitting any application
to the City Clerk. An application-processing fee shall be five hundred dollars.
In the future, all fees will be set by city council resolution. Such application
fee shall be nonrefundable.
B. Each applicant shall pay an application investigation fee in the amount then
charged by the Colorado Department of Public Safety for each person who will
be investigated as required by the Chapter
Sec. 5.41.060. Determination of completed application.
A. Not more than ten (10) days following submission of an application, the
City Clerk shall review the application for completeness and conformance with
the application requirements of Section 5.41.040. The City Clerk shall not accept
for filing any application that is not complete in every detail. If an omission
or error is discovered by the City Clerk, the application shall be rejected
by the City Clerk and returned to the applicant together with a written explanation
of the omission or error without further action by the City Clerk. Any application
rejected by the City Clerk due to an omission or error may be resubmitted to
the City Clerk when the omission or error has been remedied. For the purposes
of this Chapter, the date the City Clerk determines that an application is complete
and in conformance with the application requirements of Section 5.41.040 in
every detail, shall be the date the application is deemed filed with the City
Clerk.
B. All applicants shall promptly notify the City Clerk in writing in the event
that any information contained in an application has changed or any information
is discovered by the applicant to be incorrect in any way from what is stated
on the application, and every applicant shall have the continuing duty to promptly
update and supplement such information during the term of any non-alcoholic
dance club license issued to the applicant. The failure to notify the City Clerk
in accordance with this section within thirty (30) days from the date of such
change or discovery, by supplementing or updating the application on file with
the City Clerk, shall be grounds for revocation of any application approval
or, where a license has been issued, for the suspension or revocation of an
issued non-alcoholic dance club license.
Sec. 5.41.070. Investigation.
A. Without undue delay following the City Clerk's determination that an application
is complete, the City Clerk shall transmit the application to the Lakewood Police
Department for investigation of the background of each individual applicant
and each of the other individuals required to be listed in the license application,
and to investigate the accuracy of the information provided in the application.
The investigation is intended to provide an opportunity to determine whether
the application is in conformance with the requirements of this Chapter based
on information and resources available to the City and to determine if any applicant
or those individuals required to be listed in the license application has been
convicted of any criminal act specified in Section 5.41.040 of this Chapter.
The results of such investigation shall not be interpreted or construed as constituting
an affirmation or verification by the City that the information contained in
the application is factually correct or accurate.
B. The investigation required by this section should be completed within thirty (30) days after the application is submitted to the Police Department. The Police Department shall promptly forward the application and its completed investigation to the City Clerk for administrative review.
Sec. 5.41.080. Issuance; denial.
A. An application with completed background investigation shall be administratively
approved or denied by the City Clerk. If, after investigation and review, the
City Clerk finds that:
1. The individual applicant, or each of the officers, directors, managers,
partners, members, and/or principal owners of the applicant, and the applicant's
manager are eighteen (18) years of age or older; and
2. The individual applicant, or each of the officers, directors, managers,
partners, members, and/or principal owners of the applicant, and the applicant's
manager has not been convicted of any criminal acts involving alcohol or narcotics
or dangerous drugs or any crimes of moral turpitude,
3. The individual applicant, or each of the officers, directors, managers,
partners, members, and/or principal owners of the applicant and the applicant's
manager has neither operated nor been an officer, director, manager, partner,
member, principal owner and/or employee of any legal entity which has operated
a non-alcoholic dance club or liquor licensed premises whose license has been
suspended or revoked, within five (5) years preceding the date of the license
application whether by the City of Lakewood or any other jurisdiction; and
4. The individual applicant, or each of the officers, directors, managers,
partners, members, and/or principal owners of the applicant, and the applicant's
manager is not a sex offender required to register with local law enforcement
agencies pursuant to § 18-3-412.5, C.R.S.; and
5. The applicant has submitted proof satisfactory to the Licensing Authority
of the applicant's ownership or right to possession of the premises wherein
the non-alcoholic dance club will be operated; and
6. The building wherein the non-alcoholic dance club will be operated currently
is or will be, as reflected in the required plans and specifications, in compliance
with all applicable ordinances, rules and regulations of the state of Colorado
and the City; and
7. The applicant did not knowingly make a false statement or knowingly give
false information in connection with the application; and
8. The individual applicant, or each of the officers, directors, managers,
partners, members, and/or principal owners of the applicant and the applicant's
manager has neither operated nor been an officer, director, manager, partner,
member, principal owner and/or employee of any legal entity which has operated
a non-alcoholic dance club or liquor licensed premises which was determined
to be a public nuisance under state, federal or local law within five (5) years
prior to the date of application; and
9. The corporate or limited liability company applicant is in good standing
or authorized to do business in the State of Colorado; and
10. The applicant is not overdue in payment to the City of taxes, fees, fines,
or penalties assessed against him or imposed against him in relation to a non-alcoholic
dance club;
Then the City Clerk shall, within fifteen (15) days of receipt of the application
from the Police Department, administratively approve the issuance of a non-alcoholic
dance club license to the applicant for use at the location identified in the
license application as the licensed premises.
B. The applicant may present written documentation to the City Clerk regarding
his criminal history, including but not limited to evidence of rehabilitation,
character references, and educational achievements, especially those items pertaining
to the period of time between the applicant's last criminal conviction and the
consideration of the application for a license.
C. If, after investigation and review, the City Clerk determines that any of
the criteria set forth in Subsection A. of this Section have not been established
to his or her satisfaction, the City Clerk may deny the application. The City
Clerk shall prepare written findings of fact stating the reasons or basis for
the denial. A copy of the City Clerk's findings shall be sent by certified mail,
return receipt requested, to the address of the applicant as shown in the application
within ten (10) days after the date of the City Clerk's denial.
D. Until a certificate of occupancy has been issued for the building or structure
in which the non-alcoholic dance club is to be located, no non-alcoholic dance
club license shall be issued by the City Clerk.
E. A license shall be valid for one year from the date of issuance.
Sec. 5.41.090. Renewal.
A. As a prerequisite to renewal of an existing license issued pursuant to this
Chapter, the applicant must pay the annual license fee and file a completed
renewal application with the City Clerk not less than forty-five (45) days prior
to the date of the license expiration. The City Clerk may waive the timely filing
requirement where the licensee demonstrates in writing that the failure to timely
file is not solely the result of the applicant's negligence; provided that no
renewal application shall be accepted by the City Clerk from any licensee after
the license for which renewal is requested has expired.
B. A license that is under suspension may be renewed in accordance with this
Section provided that such renewal shall not modify, alter, terminate, or shorten
the period or term of the suspension. The suspension of a license shall not
extend the term of the license or otherwise relieve the licensee from timely
seeking renewal of the license in accordance with this Section. The City Clerk
may administratively renew a license.
C. Upon its own motion or upon complaint, the Licensing Authority may conduct
a public hearing on a renewal application. No such hearing shall be held until
notice thereof has been sent by U.S. mail to the last address provided by the
Licensee to the Licensing Authority and hand delivered to the licensed premises.
D. Prior to any renewal hearing, the Lakewood Police Department shall provide
to the Licensing Authority a report detailing any violation of federal, state
or local laws which have occurred on the licensed premises, or upon any parking
areas, sidewalks, walkways, access ways or grounds immediately adjacent to the
licensed premises, within the previous twelve (12) months.
E. After hearing, the Licensing Authority shall grant an application for renewal
if all the criteria of Section 5.41.080 (A) of this Chapter continue to be met.
F. The Licensing Authority may deny a renewal application if violations of
this Chapter or of any other state, federal or local law, have occurred on the
licensed premises, or upon any parking areas, sidewalks, walkways, access ways
or grounds immediately adjacent to the licensed premises, within the previous
twelve (12) months.
G. The Licensing Authority is authorized to place reasonable conditions and restrictions on any license at the time of renewal.
Sec. 5.41.100. Unlawful acts.
A. It shall be unlawful for any person to:
1. Operate a non-alcoholic dance club without a valid license as required by
this Chapter or to fail to display such license in a prominent place within
the licensed premises so as to be readily available for inspection;
2. Operate a non-alcoholic dance club between the hours of four o'clock (4:00)
a.m. and twelve o'clock (12:00) p.m. (noon);
3. Admit, or permit or otherwise facilitate the admittance into any non-alcoholic
dance club, a customer or patron who is younger than sixteen (16) years old
or older than twenty (20) years old between the hours of twelve o'clock (12:00)
p.m. (noon) and twelve o'clock (12:00) a.m. (midnight);
4. Admit, or permit or otherwise facilitate the admittance into any non-alcoholic
dance club or allow to be upon or remain within any non-alcoholic dance club,
a customer or patron who is younger than eighteen (18) years old after twelve
o'clock (12:00) a.m. (midnight);
5. Sell, serve, give away, dispose of, exchange or deliver or permit the sale,
serving, giving or procuring of any narcotics or dangerous drugs or fermented
malt beverages, or malt, vinous, or spirituous liquors within the licensed premises
or upon any parking areas, sidewalks, walkways, access ways or grounds immediately
adjacent to the licensed premises;
6. Admit or allow to be admitted into any non-alcoholic dance club, persons
in a number that exceeds the maximum occupancy of the licensed premises, as
determined by the fire department having jurisdiction;
7. Operate or permit the operation of a non-alcoholic dance club in violation
of Chapter 9.52 of the Lakewood Municipal Code, concerning noise;
8. Operate or permit the operation of a non-alcoholic dance club when the licensee
or a manager is not physically present within the licensed premises;
9. Allow or permit any employee, customer, or patron to engage in a public
display of indecency in violation of the Colorado Criminal Code or allow or
permit any employee, customer, or patron to engage in acts of prostitution or
negotiations for acts of prostitution within the licensed premises or upon any
parking areas, sidewalks, walkways, access ways or grounds immediately adjacent
to the licensed premises;
10. Allow or permit any disorderly conduct or other criminal activity within
the licensed premises or upon any parking areas, sidewalks, walkways, access
ways or grounds immediately adjacent to the licensed premises;
11. Admit or allow to be admitted into any non-alcoholic dance club, any person
who is visibly intoxicated or visibly under the influence of drugs as a drug
is defined in Section 12-22-303 (7), C.R.S.; or
12. Fail to immediately report to the Lakewood Police Department any disorderly
conduct, any other criminal activity, or violations of this Chapter occurring
within the licensed premises or upon any parking areas, sidewalks, walkways,
access ways or grounds immediately adjacent to the licensed premises.
Sec. 5.41.110. Right of entry.
A. The application for a non-alcoholic dance club license shall constitute
consent of the licensee and his agents or employees to permit the Lakewood Police
Department or any other agent of the City or appropriate fire district to conduct
routine inspections, from time to time of the licensed non-alcoholic dance club
during the hours such club is conducting business.
B. It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection
or investigation authorized under the terms of this Chapter.
Sec. 5.41.120. Suspension and revocation.
A. The Licensing Authority may suspend or revoke a license upon a finding that:
1. The licensed premises has been inactive for at least three (3) months;
2. In the case of a non-alcoholic dance club license approved for a facility
which had, at the time of such approval, not been completed, such licensed premises
has not been placed in operation within six (6) months of the license approval;
3. A disturbance or criminal activity has occurred upon the licensed premises
or upon any parking areas, sidewalks, walkways, access ways or grounds immediately
adjacent to the licensed premises;
4. The licensee or manager knowingly made a false statement or knowingly gave
false information in connection with an application for a license or a renewal
of a license;
5. The licensee, manager, or employee knowingly violated or knowingly allowed
or permitted a violation of any provision of this Chapter;
6. A manager or employee of the licensed establishment is under the age of
eighteen (18) years;
7. The licensee, in the case of a corporation or limited liability company,
is not in good standing or authorized to do business in the State of Colorado;
8. The licensee is delinquent in payment to the City or State for any taxes
or fees; or
9. Any person has allowed or permitted any violation of state, federal or local
law, including the provisions of this Chapter, within the licensed premises
or upon any parking areas, sidewalks, walkways, access ways or grounds immediately
adjacent to the license premises.
B. Nothing in this Chapter shall prohibit the City of Lakewood from taking
any other enforcement action provided for by local laws and regulations, the
laws of the State, or of the United States.
C. A licensee shall be entitled to a quasi-judicial hearing before the Licensing
Authority if the Licensing Authority seeks to suspend or revoke a license based
on a violation of this Chapter.
1. When there is probable cause to believe that a Licensee has violated or
permitted a violation of these provisions, state law, federal law, or local
law, the City Attorney may file a written complaint with the Licensing Authority
setting forth the circumstances of the violation.
2. The Licensing Authority shall send to the Licensee a copy of the complaint
together with a notice of hearing before the Licensing Authority by U.S. mail
to the last address provided by the Licensee to the Licensing Authority and
by hand delivery to the licensed premises. The notice of hearing shall be conspicuously
posted on the exterior of the licensed premises for a period of ten (10) days
prior to date of the hearing. The notice shall direct the Licensee to appear
before the Licensing Authority for the purpose of a hearing to be conducted
at a specified date and time and at a place designated in the notice to show
cause why the operator's license should not be suspended or revoked. Such hearing
shall be held on a date not less than thirty (30) days following the date of
mailing of the complaint and notice to the licensee.
D. At the hearing, the Licensing Authority shall hear and consider such evidence and testimony presented by the City Attorney, the operator, or any other witness, which is relevant to the violations, alleged in the complaint. The Licensing Authority shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
E. The Licensing Authority shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. Such written findings and conclusion shall be prepared and issued not less than ten (10) days following the conclusion of the hearing. If the Licensing Authority determines that a violation did occur which warrants suspension or revocation of the license pursuant to this section, it shall also issue an order suspending or revoking the license. A copy of the findings, conclusion, and order shall be hand delivered or mailed to the licensee by certified mail, return receipt requested, at the address as shown on the license application.
F. For purposes of any appeal to the District Court, the Licensing Authority's
decision shall be final upon the earlier of the date of the applicant's receipt
of the findings, conclusion, and order or four (4) days following the date of
mailing of the Licensing Authority's decision. The order of the Licensing Authority
shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4).
G. In the event of suspension, revocation or cessation of business, no portion
of the license application fee shall be refunded.
H. The Licensing Authority is authorized to place reasonable restrictions and
conditions on any license as a result of disciplinary proceedings under this
Section.
Sec. 5.41.130. Term of license.
A. Any license issued under this Chapter shall be valid for a period of one
(1) year from the date of issuance.
Sec. 5.41.140. Appeals
A. In the event that the City Clerk denies an application or denies a transfer
of ownership, an applicant shall have the right to a quasi-judicial hearing
before the Licensing Authority for the purpose of appealing the City Clerk's
administrative decision. A written request for a hearing shall be made to the
City Clerk within thirty (30) days of the date of the mailing of the City Clerk's
written findings and decision denying the application. The hearing shall be
conducted within thirty (30) days of the City Clerk's receipt of the written
request for a hearing unless the applicant requests a later date.
B. Upon receipt of a timely request for a hearing, the Licensing Authority
shall schedule a hearing and notify the applicant of the date, time, and place
of the hearing. The Licensing Authority may make such notification by telephone
provided that a written notice shall also be mailed or delivered to the applicant
at the applicant's address shown in the application. An attorney may represent
an applicant at the hearing. An applicant or the Licensing Authority may request
a continuation or postponement of the hearing date.
C. At the hearing, the Licensing Authority shall hear and consider such evidence and testimony presented by the applicant, or any other witnesses presented by the City Attorney, which is relevant to the stated reason and basis for the denial of the application. The Licensing Authority shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross-examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
D. Not less than ten (10) days following the conclusion of the hearing, the Licensing Authority shall send a written order by certified mail, return receipt requested, to the applicant at the address as shown on the application. The order shall include findings of fact and a final decision concerning the approval or denial of the application. In the event that the Licensing Authority concludes that the application is approved, the applicant may seek issuance of a license in accordance with these provisions.
E. The order of the Licensing Authority made pursuant to 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). For purposes of any appeal to the District Court, the Licensing Authority's decision shall be final upon the earlier of the date of the applicant's receipt of the order or four (4) days following the date of mailing.
Sec. 5.41.150. Exemptions.
A. The following establishments or facilities are exempt from the terms of
this Chapter:
1. Publicly-owned facilities, including the City of Lakewood recreation centers
and community centers, public libraries, and public schools;
2. Any liquor licensed premises; or
3. An adult business as defined in Chapter 5.47 of the Lakewood Municipal Code.
B. An establishment that would otherwise be subject to the provisions of this
Chapter is exempt when one of the following events is held at such establishment.
This exemption shall be temporary and shall only apply during the period of
time that one of the events listed below is being conducted in the establishment:
1. Events organized and operated by a charitable, civic, political, patriotic,
religious, educational, recreational, fraternal, or cultural organization which
is tax exempt pursuant to Section 501 (c) of the Internal Revenue Code of 1986,
as amended; or
2. Dances, proms, and other social gatherings intended for students, organized
and operated by a public or private elementary, middle, high school, college,
or university.
Sec. 5.41.160. Transferability - Change of ownership - Change of corporate
structure.
A. Licenses issued under this Chapter shall not be transferable except as provided
herein. Any change in the partners of a partnership or in officers or directors
of a corporate licensee or manager of a limited liability company holding a
non-alcoholic dance club license shall result in termination of the license
of the partnership or corporation, unless such licensee, within thirty (30)
days of any such change, files a written notice of such change accompanied by
the application fee as required by this Chapter. Any such change shall be reported
on forms provided by the City Clerk and shall require the names of all new partners
of a partnership, officers, and directors of a corporation, and the manager
of a limited liability company and any information as required by Section 5.41.040.
The City Clerk shall administratively approve or deny such transfer upon the
same terms as provided for in this Chapter for the approval or denial of a non-alcoholic
dance club license.
B. When a license has been issued to a husband and wife or to general or limited
partners, the death of a spouse or partner shall not require the surviving spouse
or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors
for the balance of the license.
C. Each license issued under this Chapter is separate and distinct, and no
person shall exercise any of the privileges granted under any license other
than that which he holds. A separate license shall be issued for each specific
business or business entity and each geographical location.
Sec. 5.41.170. Manager - Change of manager.
A. A registered manager shall be on the premises of a non-alcoholic dance club
at all times that the business is open to the public. It shall be unlawful for
any person to work as a manger in a non-alcoholic dance club without first registering
with the City Clerk. A non-alcoholic dance club may have more than one registered
manager.
B. The licensee shall pay a nonrefundable investigation fee in the amount then
charged by the Colorado Department of Public Safety and a manager registration
fee in the amount of seventy-five dollars. In the future, all fees will be set
by city council resolution. Such registration fee shall be nonrefundable.
C. In the event a licensee changes the manager of a non-alcoholic dance club,
the licensee shall immediately report such change and shall register the new
manager on forms provided by the City Clerk within thirty (30) days of such
change.
D. Failure of a licensee to report such a change or failure of the manager
to meet the standards and qualifications as required in Section 5.41.080 shall
be grounds for termination of the license.
Sec. 5.41.180. Nonconforming Use.
A. Any establishments that exist within the City on the adoption date of this
Chapter and that meet the definition of "non-alcoholic dance club"
as provided herein are lawful uses that were not regulated prior to the adoption
of this Chapter and may continue to exist and operate as legal nonconforming
uses after the adoption date of said ordinance only if they otherwise comply
with the provisions of this Chapter and the Lakewood Zoning Ordinance.
B. Any establishment that constitutes a nonconforming use pursuant to this
Section may be continued if:
1. The owner thereof submits a complete application for a non-alcoholic dance
club license within thirty (30) days of the effective date of this Chapter;
and
2. The establishment is issued a non-alcoholic dance club license pursuant
to this Chapter and otherwise complies with the provisions of this Chapter within
three (3) months of the effective date of said ordinance.
Sec. 5.41.190. Enforcement.
A. Each violation or non-compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or non-compliance shall be
considered as a separate offense.
B. Nothing herein contained 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 non-compliance. 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 Chapter shall be cumulative
and independently available to the City, and the City shall be authorized to
pursue any and all remedies to the full extent allowed by law.
Sec. 5.41.200. Severability.
Should any section, subsection, subdivision, paragraph, sentence, clause, or
phrase of this Chapter or application thereof to any person or circumstance,
be declared unconstitutional or invalid for any reason, such decision shall
not effect the validity of the remaining portions of this Chapter, or its application
to any other person or circumstance, and to this end, the provisions of this
Chapter are declared to be severable.
SECTION 2. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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