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0-2003-15
AN ORDINANCE
AMENDING CHAPTER 5.47 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE REGULATION OF ADULT BUSINESSES; FURTHER DECLARING AN EMERGENCY
WHEREAS, several appellate court decisions have addressed specific issues relating to the regulation of adult businesses; and,
WHEREAS, it is necessary to amend the Lakewood ordinance which regulates adult businesses in order to bring the ordinance into compliance with current court decisions;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Subsection 5.47.010 (T) of the Lakewood Municipal Code is hereby amended to read as follows:
T. It is necessary to limit the age of patrons and employees of adult businesses in order to protect juveniles from the potentially harmful consequences associated with such businesses.
SECTION 2. Section 5.47.030 of the Lakewood Municipal Code relating to the definition of Sexual Encounter Center is hereby amended to read as follows:
"Sexual encounter center" means a business or commercial establishment
or private club that offers, for the purpose of sexual arousal, gratification,
or abuse, for any form of consideration, a place where two (2) or more persons
may congregate, associate, or consort and engage in specified sexual activities
or expose specified anatomical areas. This definition does not apply to any
actions in compliance with Chapter 5.52 of the Lakewood Municipal Code or any
treatment or examination of another person for a bona fide medical purpose when
such treatment or examination is conducted in a manner substantially consistent
with reasonable medical practices.
SECTION 3. Subsections 5.47.060 (A), (B) (1) (a), (b), (c), (d) and (B)(9) of
the Lakewood Municipal Code is hereby amended to read as follows:
A. All applicants for an adult business license 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 within ten (10) days of
the applicant requesting such photograph and fingerprinting.
B. The completed application shall contain the following information and shall
be accompanied by the following information or 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;
b. A partnership, the partnership shall state its complete name and the names
of all partners, whether the partnership is general or limited, provide a copy
of the partnership agreement, if any, and submit satisfactory proof that each
partner is eighteen (18) years of age or older;
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 capacity of all officers and directors, satisfactory proof that
they are eighteen (18) years of age or older, 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, satisfactory proof that the manager is eighteen (18)
years of age or older, and the name of the registered agent and the address
of the registered office for service of process.
9. 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. Said evidence shall be supplied by the Lakewood Community
Planning and Development Department within ten (10) days of the applicant requesting
such information.
SECTION 4. Subsection 5.47.100 (A) (1) of the Lakewood Municipal Code is amended
to read as follows:
A. A completed license application filed with the City Clerk shall be administratively
approved or denied by the City Clerk within thirty (30) days of the date of
the filing of the application. The City Clerk shall deny a license application
if:
1. The applicant, or partner or corporate officer or director or manager of
a limited liability company is under the age of eighteen (18) years;
SECTION 5. Subsections 5.47.110 (F) and (G) of the Lakewood Municipal Code are amended to read as follows:
F. The order of the City Manager or his designee made pursuant to this section
shall be a final decision and may be appealed to the Lakewood Municipal Court
as set forth below in Section 5.47.115 or, at the option of the applicant, may
be appealed to the District Court pursuant to Colorado Rules of Civil Procedure
106(a)(4). For purposes of any appeal, the City Manager's or his designee'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.
G. To facilitate prompt judicial review of any appeal from the City Manager or his designee to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4), the City shall agree to an expedited briefing schedule in which each of the deadlines otherwise required for filing of the opening brief, answer brief and reply brief are shortened by at least ten (10) days. The City shall proffer to the applicant a joint motion to the court requesting prompt judicial attention to, and acceleration of, the appeal in accordance with Colorado Rules of Civil Procedure 106(a)(4)(VIII).
SECTION 6. A new Section 5.47.115 of the Lakewood Municipal Code is added to read as follows:
Section 5.47.115 Appeal to Municipal Court
A. The order of the City Manager or his designee made pursuant to Section 5.47.110
shall be a final administrative decision subject to judicial review in the Lakewood
Municipal Court as set forth in this section. The failure of an applicant to
seek review of such order within 30 days of the final administrative decision
shall constitute a waiver of any right to contest the denial of the license.
B. Review pursuant to this subsection shall be commenced by filing a complaint
in the Lakewood Municipal Court and service of the complaint on the City Manager.
Within twenty days of service of such complaint, the City Manager shall transfer
a certified copy of the entire administrative record to the municipal court
and give notice to the plaintiff that the administrative record has been filed.
The plaintiff shall advance the cost of preparing the record.
C. Upon receipt of the complaint, the court shall set a hearing on the matter
for a date between 55 and 65 days from the date the complaint is filed.
D. The plaintiff shall file in the municipal court and serve on the City Manager
an opening brief within 15 days after the date upon which the administrative
record is filed. The City Manager may file in the municipal court and serve
on the plaintiff an answer brief within ten days after service of plaintiff's
brief. The plaintiff may file and serve on the City Manager a reply brief within
five days after service of the answer brief. No further briefs will be allowed.
E. Three days shall be added to the prescribed periods of time if service of
any of the required briefs is made by mail. The plaintiff (but not the City
Manager) may request additional time to file its brief. Any such request, however,
shall be deemed a waiver of the time limit set forth in subsection (F) below.
F. The municipal court shall set a hearing date and render a decision on plaintiff's complaint no later than 75 days from the date the complaint was served on the City Manager. The decision of the municipal court may be appealed to the state district court. If there is an appeal to the district court from the municipal court, the City shall proffer to the applicant a joint motion to the district court requesting prompt judicial attention to, and acceleration of, the appeal.
SECTION 7. Subsections 5.47.150 (A) (1) and (8) of the Lakewood Municipal Code is amended to read as follows:
A. The City Manager or his designee may suspend a license for a period not
to exceed six (6) months upon a finding of any of the following factors:
1. Two (2) or more disturbances have occurred within a six (6) month period
upon the licensed premises or upon any parking areas, sidewalks, access ways
or grounds within the immediate neighborhood of the licensed premises involving
a patron or customer, manager, employees, or the licensee;
8. A manager or employee of the licensed establishment is under the age of eighteen
(18) years.
SECTION 8. Subsections 5.47.200 (A) and (A)(2) of the Lakewood Municipal Code are hereby amended to read as follows:
A. The following standards of conduct must be adhered to in any adult arcade
and in any adult business which offers, conducts, or maintains live adult entertainment:
2. No employee, entertainer or patron shall engage in specified sexual activities
nor shall any employee or entertainer encourage or allow or permit any person
upon the premises to engage in specified sexual activities.
SECTION 9. Section 5.47.210 of the Lakewood Municipal Code is hereby amended to read as follows:
Admission to adult businesses is restricted to persons of the age of eighteen (18) years or older. This minimum age limitation also applies to any employees, agents, servants, or independent contractors working on the premises.
SECTION 10. Subsections 5.47.230 (C) (8), (D) (2) and (G) of the Lakewood Municipal Code is hereby amended to read as follows:
C 8. Acceptable written proof that the individual is at least eighteen (18)
years of age.
Each applicant shall be photographed and fingerprinted by the Lakewood Police
Department within ten (10) days of the applicant requesting such photograph
and fingerprinting. Any fees for the photographs and fingerprints shall be paid
by the applicant.
Provide a statement detailing the license or permit history of the applicant
for the five (5) years immediately preceding the date of the filing of the application,
including whether such applicant has ever had a license, permit, or authorization
to do business denied, revoked, or suspended, or had any professional or vocational
license or permit denied, revoked, or suspended. In the event of any such denial,
revocation, or suspension, state the date, the name of the issuing or denying
jurisdiction, and describe in full the reasons for the denial, revocation, or
suspension.
State whether the applicant or any person pursuant to Subsection A. of this
section has been arrested for a specified criminal act, the date of the arrest,
and the location of the offense.
D 2. That the applicant is under eighteen (18) years of age;
G. Where the City seeks to revoke a license, a licensee shall be entitled to notice, a quasi-judicial hearing before the City Manager or his designee, and the right to appeal conducted in the same manner as a hearing for suspension as provided by Section 5.47.150. Where the City seeks to deny a license, a licensee shall be entitled to notice, a quasi-judicial hearing before the City Manager or his designee, and the right to appeal conducted in the same manner as a hearing for suspension as provided by Section 5.47.150, including the right to prompt judicial review as set forth in Section 5.47.115.
SECTION 11. Emergency. This Ordinance is necessary for the immediate preservation
of the City of Lakewood's peace, health and safety. The constitutionality of
certain provisions of Chapter 5.47 is dependent upon this ordinance taking effect.
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 28th day of April, 2003, published in full in the Lakewood Sentinel on
the 1st day of May, 2003; set for public hearing on the 12th day of May, 2003;
and signed and approved by the Mayor on the 12th day of May, 2003.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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