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ORDINANCE: O-2003-15
SUBJECT: An Ordinance amending Chapter 5.47 of the Lakewood Municipal Code relating to the regulation of adult businesses.
RECOMMENDATION: Adopt the Ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: In 1993 Lakewood City Council adopted a comprehensive ordinance regulating adult businesses. Generally, the ordinance regulated the location of such businesses and established a licensing process by which the City could ensure the businesses complied with a number of restrictions relating to the interior design of such businesses, the background of the owners, and the behavior of patrons, entertainers, and employees while on the business premises. In 1999 the ordinance was amended to comply with new appellate court decisions relating to the regulation of adult businesses.
In general terms, adult businesses such as adult arcades, adult bookstores, adult cabarets, adult novelty stores, adult video stores, and adult motion picture theaters are protected by the First Amendment's guarantee of freedom of speech. Most of the court decisions related to this area of the law are an attempt to balance the government's right to adopt time, place, and manner restrictions on these businesses versus the businesses' right to freedom of expression.
Two recent decisions of the Tenth Circuit Court of Appeals (which are controlling in Colorado) mandate that a few minor changes to the Lakewood ordinance be adopted. Additionally, some clarifications to the ordinance, not related to the recent court decisions, are included.
The changes mandated by the court decisions are:
1. Lower the age of employees and patrons to eighteen;
2. Establish a time limit within which the city must respond to a license application by either issuing the license or denying the license.
3. Provide a prompt judicial determination of a license denial.
The other changes relate to general wording changes and a more specific definition of a "Sexual encounter center".
You will find two "compare" versions of the proposed ordinance. The first compare version, identified as "A" shows the changes between the existing ordinance and the proposed amendments submitted on first reading. The second compare version, identified as "B" shows the changes between the first reading ordinance and the second reading ordinance. The changes are clarifications to the proposed amendments.
For the foregoing reasons, the City Attorney recommends that the attached ordinance be adopted by City Council.
FUNDING SOURCE: No funding.
DATE OF FIRST READING: April 28, 2003
DATE OF SECOND READING: May 12, 2003
ORIGINATED BY: Roger Noonan, City Attorney
STAFF PERSON RESPONSIBLE: Roger Noonan, City Attorney, 303-987-7451
Janet Young, Legal Advisor, 303-987-7108
DOCUMENTS ATTACHED: Ordinance O-2003-15
Compare Version "A"
Compare Version "B"
SUBMITTED BY:
Roger Noonan, City Attorney
REVIEWED BY:
Joni Inman, Director of the Mayor and City Manager's Office
Michael J. Rock, City Manager
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