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ORDINANCE: O-2004-20
SUBJECT: Ordinance amending Section 5.47.110 and repealing Section 5.47.115 of the Lakewood Municipal Code pertaining to the regulation of adult businesses.
ADDRESS: Not applicable
RECOMMENDATION: Staff recommends approval of this Ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: In general terms, adult businesses which sell or rent videos and magazines and which feature dancers are protected by the First Amendment's guarantee of freedom of speech. Most court decisions which relate 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.
In April 2003, a court decision of the Tenth Circuit Court of Appeals (which is controlling in Colorado) mandated that minor changes to the Lakewood adult business ordinance be adopted. In order for the City to provide a prompt judicial review of a license denial the City's adult business ordinance was amended to provide for an appeal of that denial to the City's Municipal Court. On June 7, 2004, the U.S. Supreme Court ruled, generally, that an appeal procedure to a City's Municipal Court was not a necessary component of a City's adult business ordinance. Any denial of a license can be appealed through the state court system.
DATE OF FIRST READING: June 28, 2004
DATE OF SECOND READING: July 12, 2004
ORIGINATED BY: City Attorney
STAFF PERSON RESPONSIBLE: Roger Noonan, City Attorney, 303-987-7451
DOCUMENTS ATTACHED: Ordinance O-2004-20
Compare Copy of Ordinance
SUBMITTED BY:
Roger Noonan, City Attorney
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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