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ORDINANCE: O-2004-34
SUBJECT: Amending Title 5 of the Lakewood Municipal Code pertaining to Business Licenses and Regulations by the addition of Chapter 5.41 regarding non-alcoholic dance clubs.
ADDRESS: Not applicable.
RECOMMENDATIONS: City Council approve the proposed ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The City of Lakewood does not currently license teen clubs, dance clubs, or after-hours clubs that either do not serve alcoholic beverages or do not qualify as an adult business. Since such clubs do not serve alcohol, they are not subject to liquor licensing laws and therefore are more difficult to monitor and control. In recent years two such clubs were operated in the City: Decades Nightclub located at 1650 N. Wadsworth Blvd. and Club Pulse located at 3265 S. Wadsworth Blvd. Neither business is currently operating in the City. Club Pulse went out of business in 2002 and Decades Nightclub was recently closed due to urban renewal.
Non-alcoholic teen dance clubs bring unique problems relating to safety and law enforcement issues. In Lakewood such problems have run the gamut from possession of alcohol to fights between patrons and ultimately shootings involving juvenile patrons. The problems associated with these clubs generally emanate from oversized troublesome crowds. As a result such businesses create a disproportionate number of police calls, create traffic, noise and parking problems, and negatively impact nearby businesses and residences. Correspondingly, such businesses require increased levels of police services.
Non-alcoholic after-hours clubs customarily attract large numbers of patrons at late hours, many of these customers have been consuming alcoholic beverages and come to the non-alcoholic dance club only after liquor establishments have closed. Due to the late hours such businesses operate, noise violations are particularly annoying to neighboring residents.
The proposed ordinance would license both teen clubs and after-hours clubs by requiring such business establishments to obtain a non-alcoholic dance club license. The proposed ordinance:
1. Restricts the age of patrons prior to the hour of midnight to persons who reached the ages of sixteen to twenty. After midnight, persons who are eighteen years of age and older could remain in the business until four o'clock (4:00) a.m., while juvenile patrons would have to exit the premises of the non-alcoholic dance club.
2. Establishes a licensing authority and licensing scheme for non-alcoholic dance clubs. All applicants for such licenses must apply with the City Clerk and must be investigated by the Lakewood Police Department to determine whether they have been convicted of any disqualifying criminal act.
3. Provides for annual license renewals and fees.
4. Provides for registration of managers and transfers of ownerships of a non-alcoholic dance club license.
5. Restricts the hours of operation to between twelve o'clock (12:00) p.m. (noon) and four o'clock (4:00) a.m.
6. Prohibits certain acts inside the business or upon any parking areas, sidewalks or grounds immediately adjacent to the licensed premises including noise violations, fights, possession of alcohol or drugs or acts of public indecency.
7. Requires the licensee to report to the police department any disorderly conduct or other criminal violations occurring on the premises, in the parking lot, or the grounds immediately adjacent to the licensed premises.
8. Prohibits the admission into any club of persons who are visibly intoxicated or under the influence of drugs.
9. Establishes procedures for the suspension or revocation of a license by the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
10. Grants police and firefighters the right to conduct routine inspections during business hours.
11. Exempts from the licensing requirements events which are organized and operated by a charitable, civic, political, patriotic, religious, educational, fraternal, or cultural organization which is tax exempt or dances, proms, and other social gatherings intended for students, organized and operated by public or private schools.
12. Exempts recreation centers, community centers, public libraries, public schools, and other publicly owned facilities from the licensing requirements.
DATE OF FIRST READING : July 26, 2004
DATE OF SECOND READING: August 9, 2004
ORIGINATED BY: Police Department
STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7108
DOCUMENTS ATTACHED: Ordinance O-2004-34
SUBMITTED BY: Ronald R. Burns, Chief of Police
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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