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Ordinance 2004-16
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O-2004-20

AN ORDINANCE

AMENDING SECTION 5.47.110 AND REPEALING SECTION 5.47.115 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE REGULATION OF ADULT BUSINESSES

WHEREAS, the United States Supreme Court issued a decision which addresses the method of appeal 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 said decision;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. Subsection 5.47.110 F. of the Lakewood Municipal Code is 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 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.

SECTION 2. Section 5.47.115 of the Lakewood Municipal Code is hereby repealed.

SECTION 3. 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 28th day of June, 2004; published in full in the Lakewood Sentinel on the 1st day of July, 2004; set for public hearing on the 12th day of July, 2004; read, finally passed and adopted by the City Council on the 12th day of July, 2004; and, signed and approved by the Mayor on the 13th day of July, 2004.

Stephen A. Burkholder, Mayor

ATTESTED:
Margy Greer, City Clerk

APPROVED AS TO FORM:
City Attorney