TITLE 050

(a) Applicability. Unless otherwise specifically provided in this Code, all licenses issued by the City shall be issued according to the provisions of this Title. Wherever the term license is used in this Article, it shall also mean registration as required for plumbers and electricians elsewhere in this Title 050.

(b) Purpose. The purpose of this Title is to promote the health, safety and welfare of the citizens of the City by registering business activity in the City.

(A 25-88 §1)

050.010.020 Requirement.

Before engaging in any work activity for which a license is required by this Title, a person shall obtain the license. It shall be a misdemeanor for any person to engage in a work activity for which a license is required by this Title without first having a current license for such activity and, upon conviction, shall be punished in accordance with the provisions of Section 010.020.080.

050.010.030 Application and issuance.

(a) In general. Any person who wishes to obtain a license required by this Title shall make an application for such license to the City Manager on a form provided by the City and pay the application fee, license fee or both. Included in the application fee shall be the fees, if any, charged for an examination required of or for an investigation of the applicant.

(b) Examination or investigation. Whenever an examination or investigation of an applicant is a condition of the issuance of a license pursuant to the provisions of this Title, such examination and such investigation shall be favorable before the license may be issued.

(c) Conditional issuance. Whenever the City Manager determines that a person meets all the requirements for the issuance of a license for which an examination or investigation is required and that such person is likely to receive a favorable result on the examination or receive a favorable report from the investigation, the City Manager may, upon payment of a conditional license fee of five dollars ($5.00) and upon submittal of all other requirements for such license, issue a conditional license. Such conditional license shall be valid for no more than forty-five (45) days and shall expire upon issuance of a license.

050.010.040 Issuance and denial.

(a) Issuance. If the City Manager determines that an applicant for a license has met all the requirements and paid all the fees for such license, he/she shall issue the license to the applicant.

(b) Denial. If the City Manager determines that an applicant for a license has not met all the requirements or paid all the fees for a license, he/she shall deny the issuance of the license. Such denial shall be in writing and shall give the reasons for the denial.

(c) Appeal. If a license is denied, the applicant may appeal the denial to the City Council by filing a written appeal, stating the reasons the license should be issued, with the City Clerk within ten (10) days of the date of denial. The City Council shall hear such appeal at its next regular meeting. The decision of the City Council shall be final from which an appeal may be taken to Court in accordance with the laws of the State. The appeal of a denial of a construction trade license shall be made to the Building Board of Appeals, which shall meet within thirty (30) days of the date of denial. For such appeals, the notice required by this Section shall be filed with the Building Official.

050.010.050 Term.

Construction trade licenses issued pursuant to this Title shall be valid for a period of one (1) year from the date approved unless revoked pursuant to the provisions of this Title. All other licenses issued pursuant to this Title shall be valid for the year for which the license was issued and shall terminate on December 31 of that year unless a longer term has been provided for the license by the Finance Director, not to exceed two (2) years, or unless revoked pursuant to the provisions of this Title. There shall be no proration of the application and license fee for a license issued for a portion of a year. (A 25-88 §2; A 32-91 §1)

050.010.060 Renewal.

(a) In general. It shall be the responsibility of the licensee to renew his/her license at the appropriate time. Applications for renewal of a license issued pursuant to this Title may be made thirty (30) days prior to the expiration date of the license. No person may engage in the business activity for which such license is issued for the next year until the renewal of the license is issued.

(b) Re-examination or investigation. Any license issued pursuant to this Title for which an examination or investigation of the applicant is required may be renewed without a renewal examination or investigation so long as the applicant for renewal has been licensed by the City within three (3) years from the date of the expiration of the license to such applicant. Any applicant for a construction trade license who has not been licensed by the City within three (3) years of the date of expiration of such license shall be reviewed by the Building and Contractor's Licensing Board and may be required to take a new examination.

(A 25-88 §2)

050.010.070 Nontransferability.

No license issued pursuant to this Title shall be transferable from one (1) person to another. The sale of part or all of the stock of a corporation shall be considered a transfer for purposes of this Section.

ARTICLE 050.011
Business Licenses

050.011.010 Definition.

Business includes all kinds of trades, vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, for profit or nonprofit, together with all devices, machines, vehicles and appurtenances on any premises in this City or anywhere else within its jurisdiction. Businesses that are comprised of several persons with the same or similar occupations, which may or may not be considered by that business as independent contractors or other independent entities for federal income tax purposes, such as, without limitation, real estate agents and cosmetologists, shall be considered one (1) business entity for purposes of this Article. (Ad 8-00 §1; A 8-01 §1)

050.011.015 License required.

(a) It shall be unlawful for any person to conduct business in the City without first obtaining a license to conduct such business pursuant to this Article. A separate general business license shall be required for each location of a business operating within the City limits. Specialty licenses, as required elsewhere in this Title, shall be required in addition to this business license, when applicable. However, this business license shall replace the sales and use tax license previously required in Title 040 of this Code.

(b) In the event that business has a physical presence in an unincorporated area at the time of the annexation of such area to the City and the person carrying on or engaging in the business is doing so lawfully and in conformance with all laws applicable to the territory, the conduct of such business may be continued upon and subsequent to the annexation of the area to the City, provided that any applicable license fees are paid within thirty (30) days after annexation. In subsequent calendar years, the business must conform to all licensing requirements as they are stated in this Title.

(c) Any business existing on or having a physical presence in the City after May 6, 2000, and prior to January 1, 2001, shall be licensed no later than the City's close of business on January 1, 2001. Any business desiring to conduct business and having a physical presence within the City's boundaries after January 1, 2001, shall comply with all provisions of this Article prior to commencing operation.

(Ad 8-00 §1)

050.011.120 License application and administration.

(a) The applicant for a business license shall submit an application to the Finance Department on a form provided by the Finance Department, and the application shall be accompanied with a nonrefundable fee of twenty-five dollars ($25.00) for the processing of such license. Temporary vendors doing business in the City will be required to pay a nonrefundable fee of twelve dollars and fifty cents ($12.50). This fee shall be waived for nonprofit applicants upon providing proof of their nonprofit status.

(b) All original applications shall be reviewed by the City Manager, in order to determine whether grounds exist for denial. If approval of the application is recommended as a result of the investigation, the City Manager shall issue the license for a period of two (2) years for all businesses other than temporary vendors, which license shall be for one (1) calendar year. The application may be approved with reasonable conditions necessary to protect the public health, welfare and safety.

(c) An application for renewal of the business license shall be filed with the Finance Department. In the event a suspension or revocation proceeding is pending when a license renewal is filed, the application for a renewal shall not be acted upon until the suspension or revocation proceeding has been completed.

(d) All licenses shall specify the name of the licensee, the business address, the nature of the business, the term of the license and the date upon which it expires. Every license granted under the provisions of this Article shall be posted in a conspicuous place at the location of the business for the full term of the license. Licenses shall be removed upon expiration.

(e) Licenses are not transferable for any reason. After a sale of a business, the new owner shall apply for a new license.

(f) No license shall be required for any governmental agency.

(Ad 8-00 §1)

050.011.125 License denial, cancellation or revocation.

(a) A license may be denied for any violation of the provisions of this Article or for any reason listed below. The reason for the denial of the application shall be provided to the applicant in writing. Such reasons are:

(1) The required fees have not been paid.

(2) The application is incomplete or contains false, misleading or fraudulent statements.

(3) Nonconformance of the business, premises, building or land use with applicable provisions of this Code.

(b) The City Manager may cancel any license:

(1) Upon receipt of a written notice that the business is no longer active in the City; or

(2) Upon the business's failure to renew its license as required herein, or failure to pay applicable taxes to the City.

(c) A license may be denied, canceled, denied renewal, suspended or revoked for any violation of any provision of this Title for any reason set forth hereinabove, or on the grounds that the health, safety or welfare of the community may be endangered by the continued operation of the business as substantiated by a report from the Police Department, Fire Department or Building and Zoning Official.

(d) A license may be denied, denied renewal, suspended or revoked after the licensee has been given notice of the specific reasons in writing. Within ten (10) days after receipt of the notice, the applicant may request a hearing before the City Council. If a hearing is not requested within the ten (10) days, the right to such hearing is forever waived.

(e) An application for a new license may be denied by the City Manager for the reasons stated in this Section. The applicant may appeal a denial to the City Council, unless the reason for the denial is an incomplete application, nonconformance with the zoning or building codes or failure to pay required fees. The reason for the denial of the application shall be provided to the applicant in writing, and the appeal process shall be the same as outlined in Subsection (d) above.

(f) A license may be summarily suspended for no more than thirty (30) days by the City Manager when required for the immediate protection of the public health, safety and welfare, as substantiated by the Police Department, Fire Department or Building and Zoning Official. The hearing process outlined in Subsection (d) above shall also apply.

(g) A business may continue operation in the City after its license has been canceled or revoked pending the completion of the appropriate appeal process.

(Ad 8-00 §1)

050.011.130 Penalty.

It shall be unlawful for any business to violate a provision of this Article. Violators shall be subject to the penalties provided in Section 010.020.080 of this Code and may be subject to any civil remedies available. A separate offense shall be deemed committed upon each day such business is in violation of this Article. (Ad 8-00 §1)

ARTICLE 050.020
Sales Tax Licenses

050.020.010 Retail sales tax license.

(a) When required. It shall be unlawful for any person to engage in the business of selling at retail, as the same is defined in Title 040, without having first obtained a City retail sales tax license. (Code 1971 §9-63, A 43-83 §2[a])

(b) When not required. A City retail sales tax license shall not be required of any person engaged exclusively in the business of selling commodities which are exempt from taxation under Title 040. (Code 1971 §9-70; A 9-00 §8)

(c) Deposit required for peddlers, solicitors, and transient merchants. In addition to any fee required pursuant to this Title, any peddler, solicitor or transient merchant selling at retail shall, prior to issuance of a new City retail sales tax license, submit a deposit in the amount of fifty dollars ($50.00) to secure the payment of sales taxes due and owing to the City. The deposit shall be credited against the initial sales tax return or returns of the peddler, solicitor or transient merchant. To the extent the peddler, solicitor or transient merchant does not engage in retail sales requiring the payment of sales taxes of fifty dollars ($50.00) or more prior to the termination or expiration of his/her license, the City shall remit all or a portion of the security deposit provided herein upon request by the peddler, solicitor or transient merchant. The foregoing deposit may be waived by the City Manager where the peddler, solicitor or transient merchant has established a good credit history with the City as demonstrated by twelve (12) successive months of current payment on a City utility or tax account or demonstrated by a history of current tax payment on a prior City peddler, solicitor or transient merchant license. (A 9-00 §8; Ad 32-91 §3)

(Code 1971 §§9-63, 9-70; A 43-83 §2[a]; A 9-00 §8; Ad 32-91 §3)

050.020.020 Special event sales tax license.

(a) Creation. There is hereby created a special events City sales tax license which may be issued to any organization which has been incorporated under the laws of the State for the purpose of a social, fraternal, patriotic, political or athletic nature, and not for pecuniary gain, or which is a regularly charter branch, lodge or chapter of a national organization or society organized for such and being nonprofit in nature, or which is a regularly established religion or philanthropic institution or which is a governmental body or agency.

(b) Term. A special events City sales tax license shall be valid for no more than one (1) year. (A 9-00 §9)

(c) Organization responsible for collection and remittance of sales tax. The organization issued the license shall be responsible for collecting the sales tax and paying the same to the City from the various persons engaged in the business of selling at retail at said special event and no further City sales tax license shall be required of such persons. In the event that such persons have a validly issued City sales tax license for the location, then the organization sponsoring the event shall receive a statement from such person as to the gross amount of sales subject to sales tax consummated at such special event and the tax to be paid to the City. Such statement shall be provided to the City by the organization. Nothing in this Section shall be construed to relieve any person engaged in the business of selling at retail at such special event from the obligation to pay sales, use or other taxes lawfully enacted by the City or the State nor to waive any other requirements for such persons for the type of business in which they are engaged. (A 18-92 §1)

(Code 1971 §9-71; Ad 43-83 §3; A 18-92 §1; A 9-00 §9)

050.020.030 Form, different locations and posting.

(a) Form. Each license issued pursuant to this Article shall be numbered, shall show the name, street and mailing address, place and character of the business for which the license is issued and the term for which the license is issued. (Code 1962 §16.4; Code 1971 §§9-2, 9-66)

(b) Separate locations. In case business is transacted at two (2) or more separate places by one person, a separate license required by this Article 050.020 for each place of business shall be required. No such license may be transferred to a new location. (Code 1971 §§9-4, 9-65)

(c) Posting. Each license issued pursuant to this Article 050.020 shall be posted in a conspicuous place at the location for which it is issued. (Code 1971 §9-66)

(Code 1962 §16.4; Code 1971 §§9-2, 9-4, 9-65, 9-66)

050.020.040 Record of licenses.

The Director of Finance shall keep a record of all sales tax licenses issued, setting forth the name of every licensee, the place of business licensed, the kind of license issued and its term. (Code 1962 §16.5; Code 1971 §9-3)

050.020.050 Revocation.

(a) Revocation. The Director of Finance may, upon written notice to a licensee stating the contemplated action and in general the grounds therefor and after a reasonable opportunity to be heard, revoke any sales tax license issued by the City if he/she finds that:

(1) The licensee has failed to pay the required license fee;

(2) The licensee has failed to file any report or finish any other information that may be required by the provisions relating to the specific license;

(3) The licensee has violated any state law or provision of this Code or ordinance of this City pertaining to his/her license or any regulation or order lawfully made relating to his/her license; or

(4) Any fact or condition exists which, if it had existed or had been known to exist at the time of the application for such license, would have warranted the refusal of the issuance of such license. (Code 1962 §16.7; Code 1971 §§9-5, 9-68)

(b) Appeal from revocation. Any finding and order of the Director of Finance revoking the license, required by this Article, of any person shall be subject to review by the District Court of Garfield County upon application of the aggrieved party. The procedure for review shall be as nearly as possible the same as now provided for review under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Code 1971 §9-69)

(Code 1962 §16.7; Code 1971 §§9-5, 9-68, 9-69)

ARTICLE 050.030
Temporary Sales and Structures

050.030.010 Permit required.

(a) It shall be unlawful for any person to conduct or establish any temporary sales use or structure within the City until a temporary use permit has been approved by the City Manager.

(b) Temporary use shall, for purposes of this Article, mean any outdoor retail and/or wholesale sales use on a short-term basis, including, but not limited to: produce stands; peddlers; solicitors; hawkers; itinerant merchants; and transient merchants, and excluding temporary promotions or sidewalk sales by permanent businesses on their own property. Temporary sales structure shall mean a structure for the purpose of storing or displaying goods for retail sale or for the purpose of conducting business for a short term outside of a pre-existing building or structure, including, but not limited to, long-term or recurrent yard or garage sales, produce stands, tents, fences, tables, display racks, canopies, vending carts, trailers and other vehicles.

(c) The fee for a temporary use permit shall be fifty dollars ($50.00) and shall be used to offset the expense of investigating and reviewing the permit application.

(d) Temporary use permits may be allowed in the C-1, C-2, C-3 and C-4 zone districts only and shall be prohibited at all times on the Wing Street Pedestrian Mall, defined as the east wing street of Grand Avenue between the Seventh Street Esplanade and the curb line of Eighth Street and the Seventh Street Esplanade, except during special community events and subject to a special community event permit.

(R & Re 17-96 §2)

050.030.011 Special community events permits.

(a) Temporary sales structures associated with special community events, including Strawberry Days, the Fall Arts Festival and similar community-wide events or festivals shall be exempt from the permit application requirements and review criteria outlined hereinbelow.

(b) Such temporary sales uses associated with a community event shall be subject to all licensing requirements, including sales tax, and shall be required to obtain a special community event permit.

(c) The fee for a special permit hereunder shall be twenty dollars ($20.00) and shall be valid for a maximum of seventy-two (72) hours.

(R & Re 17-96 §2)

050.030.012 Permit application requirements.

Temporary use permits shall be submitted on an application form approved by the City and shall include the following information:

(1) Name, address and telephone number of the applicant;

(2) If the applicant is an organization, association, corporation or other such entity, evidence as is necessary to substantiate the existence of such entity;

(3)A site plan indicating all proposed temporary sales structures, required off-street parking and existing structures, access and parking. If multiple vendors are participating in an association or similar organization, all vendors must operate on same parcel and have the same use and/or similar wares;

(4) A written description of the proposed business operation;

(5) A parking plan for the entire parcel of land with sufficient data to calculate parking requirements per Article 070.050 of the Code;

(6) Sales tax license, or licenses if an association or similar entity;

(7) Evidence of Department of Health approval or exemption; and

(8) A plan to address reasonably anticipated debris or litter problems.

(R & Re 17-96 §2; A 46-96 §1)

050.030.015 Permit review criteria.

(a) The temporary use permit application shall be submitted in writing and may be approved by the City Manager if the following criteria and specific regulations are met:

(1) The allowance of such use will not be detrimental to the public health, safety and general welfare, and the use is compatible with the purpose and intent of the specific zoning district in which it will be located.

(2) The applicant has all licenses required by this Code, including a sales tax license, and by state law.

(3) For food sales, the applicant has evidence of Department of Health approval.

(4) Adequate off-street parking is provided to serve the use, and the use does not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site or interfere with the flow of traffic.

(5) The use is compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity of the proposed location, and the use, value and qualities of the uses surrounding the proposed location will not be adversely affected by the use or activities with it. Factors such as location, access, traffic generation, noise, light, dust control and hours of operation will be considered.

(6) The use is not on publicly owned property, including rights-of-way, unless the applicant first obtains a revocable license to encroach from the City authorizing such use.

(7) The proposed use and structure has a neat and clean appearance.

(8) Proposed lighting shall not glare onto adjoining properties or onto public streets.

(9) No merchandise shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets; within the required setback area of the parcel on which the use is to be located; within ten (10) feet of any curb cut; or within one hundred fifty (150) feet of any structure primarily used as a residence. (A 46-96 §2)

(10) Signage shall be limited to the signage described in Article 070.060 of this Code.

(11) Permanent retail businesses may display their merchandise in the area outside and immediately adjacent to their buildings. If the sidewalk or the pedestrian way in front of the building is used for display of merchandise, a minimum width of four (4) feet must remain available for use.

(12) Noise makers of any kind, including amplifiers, shall be prohibited.

(b) The temporary use permit application shall be reviewed and approved or denied by the City Manager within ten (10) working days after a complete submittal.

(R & Re 17-96 §2; A 46-96 §2)

050.030.020 Conditions of approval.

In the allowance of such temporary use, the City Manager shall have authority to require such reasonable conditions as necessary to protect the public health, safety and general welfare of the citizenry and to ensure that the use, value and quality of the surrounding uses will not be adversely affected. (R & Re 17-96 §2)

050.030.025 Time limits.

(a) A temporary use permit shall be valid for a maximum time period of fourteen (14) consecutive calendar days. The permit may be renewed up to three (3) times in any calendar year.

(b) The following uses may be granted permits for longer time periods in accordance with the schedule described below with a fee of two hundred dollars ($200.00) for the respective time period.

(1) Christmas tree sales: up to thirty (30) consecutive days.

(2) Produce sales: up to one hundred twenty (120) consecutive days.

(3) Retail (ready-to-eat) food sales: up to one hundred twenty (120) consecutive days.

(4) Agricultural sales: up to one hundred twenty (120) consecutive days.

(c) Such permit fee for longer time periods shall not be applicable to temporary uses on property owned and permanently occupied by the user.

(R & Re 17-96 §2; A 46-96 §3; A 17-99 §1)

050.030.030 Maintenance standards.

(a) The use and any associated structures or vehicles shall be maintained at all times in a clean and neat condition.

(b) Parking shall be limited to areas indicated on the approved application.

(c) Trash and rubbish resulting from the use shall be completely contained on the approved site and shall be properly disposed of daily.

(d) The use site shall be operated during the times indicated on the approved application only and, during such time that the operation is to be closed, the site will be vacated, except for any approved structures and sale time associated herewith.

(R & Re 17-96 §2)

050.030.035 Suspension and revocation.

(a) In addition to any other available remedies, permits issued pursuant to this Article may be revoked or suspended by the City Manager for any of the following reasons:

(1) Fraud, misrepresentation or incorrect statement contained in the application for a permit; or

(2) Any violation of this Article.

(b) Written notice of the suspension or revocation, along with supporting grounds therefor, shall be mailed, postage prepaid, to the permittee at his/her last known address or hand-delivered to the permittee at least three (3) days prior to the effective date of the suspension or revocation.

(c) The City Manager may, whenever he/she determines that it is necessary for the immediate preservation of the public health, safety or welfare, immediately suspend a permit issued hereunder. Such suspension shall be for a period not to exceed seven (7) days, during which time notice shall be given within the provision of this Section.

(R & Re 17-96 §2)

050.030.040 Appeal procedure.

Appeal of any administrative decision, including denials, suspensions and revocations, hereunder may be appealed to the Planning and Zoning Commission in accordance with the procedures set forth in Section 070.010.050 of this Code. (R & Re 17-96 §2; A 13-06, §2)

050.030.045 Residential peddling and solicitation prohibited. (R & Re 17-96 §2; R 14-08 §2)

ARTICLE 050.040
Construction Trades Licenses

050.040.010 General requirements.

(a) Requirement. Before a permit required by the provisions of Title 060 is issued to any person, such person must first obtain a license in accordance with the provisions of this Article. Such license may only be issued to a person and not to a business entity. A permit for a construction project may be issued before all subcontractors are determined; however, no work may be commenced by the subcontractor until a license required by this Article is obtained. As used in this Article, the term license shall also include any registration as required for plumbers and electricians.

(b) Stop work order. If the Building Official discovers work being performed by a person without the license, as required in this Article, he/she may, in addition to any other remedies or actions available to the City pursuant to this Code, issue a stop work order. Such stop work order shall remain in effect until the license required by this Article is obtained.

(c) License to save and hold harmless. Every person issued a license pursuant to this Article shall save and hold harmless the City from damages, cost and expenses including, but not limited to attorney's fees, that arise out of the negligence of the licensee or his/her servants, employees, agents or those acting on his/her behalf or out of his/her or their failure to comply with state and federal laws and regulations and this Code, City ordinances and regulations.

(d) Insurance. Every licensee granted a license under this Article shall maintain at all times workers' compensation insurance as required by state law and combined single-limit insurance which includes both bodily injury and property damage insurance in the following minimum amount:

*Classification of Licensee*	*Insurance*
Class A Building Contractor	$500,000.00
Class B.1 Building Contractor	$500,000.00
Class B.2 Building Contractor	$500,000.00
Class C Building Contractor	$300,000.00
Class D Building Contractor	$300,000.00
Electrical Contractor	$300,000.00
Plumbing Contractor	$300,000.00

(e) License and testing fees. The license fee for licenses granted under this Article shall be as follows:

*Classification of Licensee*	*Testing Fee*	*License Fee*
Class AA Unlimited General Contractor	$125.00	$200.00/year
Class A Limited Commercial Contractor	$100.00	$175.00/year
Class B Limited Light Commercial Contractor	$75.00	$150.00/year
Class C Home Builder Contractor	$60.00	$125.00/year
Class D Specialty Contractor	$50.00	$ 75.00/year
Electrical Contractor		No Fee
Plumbing Contractor		$ 50.00/2 years

Renewals: $50.00 for Class AA, A, B and C; $35.00 for Class D

(1) The plumbing contractor license fees shall be prorated for the period from date of license issuance to expiration date.

(2) In the event a licensee with a business entity leaves that business entity and a new person is licensed for that business entity, in accordance with the provisions of this Article, no new license fee for that year of the license shall be required, unless the licensee transfers his/her license to a new business entity. Such new person shall pay all application or examination fees required by this Article.

(f) License term. The terms of the licenses shall be as follows: Class AA, B, C and D, one (1) year from date of issuance of a conditional license or regular license, whichever is issued first, and yearly thereafter. Electrician and plumbing licenses shall expire at the expiration date of the state electrician and plumbing licenses.

(g) Proof of license. The City shall issue to each licensee under this Article a license certificate and card, which license card must be available for inspection by the Building Official at all construction sites.

(Code 1962 §22.6-2; Code 1971 §§4-43—4-45, 4-90, 4-93, 4-108, 4-163, 4-164, 4-166, 4-167, 4-213—4-215; A 44-83 §§2—10; A 25-88 §3; R & Re 1-97; A 8-08 §2)

050.040.020 Contractors.

(a) Definition of contractor. A contractor shall include any person who builds, constructs, alters, adds to, repairs, moves or wrecks any building or structure either on his/her own or other property for which improvement a charge is made, no matter how such charge is computed. Such definition shall include those persons normally designated in the building trade as subcontractors, but such definition shall not include:

(1) Special contractor registrations. Electricians or plumbers for which a registration is otherwise required under the provisions of this Article;

(2) Owners. Owners or leaseholders doing ordinary maintenance, repair or minor improvements, which do not affect the structural integrity of the building, either by themselves or with the assistance of a building contractor as defined in this subsection; and

(3) Homeowners. Any person who constructs, alters, repairs or improves a home for his/her own residence if he/she does the work by himself/herself, obtains the assistance of a building contractor as defined in this Subsection or obtains assistance for his/her work from not more than one (1) person at a given time who:

a. During the period of such employment for a homeowner or within the previous twelve (12) months, is not otherwise engaged in or receiving benefits from a person or company who is defined in this Article as a contractor;

b. Works for hourly wages or receives no compensation, and

c. Is not now or has not been for the previous twelve (12) months licensed as a contractor as defined in this Article.

d. Any person assisting more than two (2) homeowners during any consecutive twenty-four-month period shall be presumed to be a contractor and said person must be licensed pursuant to the provisions of this Article.

A homeowner may secure a building permit on only one (1) R-3 occupancy in any consecutive twelve-month period. The construction of more than one (1) residence in any consecutive three-year period shall be construed to establish the homeowner as a contractor, and the homeowner must be licensed pursuant to the provisions of this Article.

(b) Classification. For the purposes of this Section, contractors shall be divided into the following classifications for reference and definition:

(1) General Contractor Class AA Unlimited. A contractor in this classification shall be allowed to contract for the construction, alteration or repair of any type or size of structure permitted by the International Building Code as adopted in this Code.

(2) Commercial Contractor Class A Limited. A contractor in this classification shall be allowed to contract for the construction, alteration or repair of any of occupancy classifications permitted by the International Building Code as adopted in this Code, except for any building of Type I-A or Type I-B construction.

(3) Light Commercial Contractor Class B Limited. A contractor in this classification shall be allowed to contract for the construction, alteration or repair of Type II, III, IV and V construction and A-2, A-3, B, F-1, F-2, M, R, S-1, S-2 and U occupancy classifications as regulated by the International building Code as adopted in this Code.

(4) Home Builder Contractor Class C. A contractor in this classification shall be allowed to contract for the construction, alteration and repair of detached one and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories in height with a separate means of egress, and their accessory structures as regulated by the International Residential Code, as adopted in this Code.

(5) Specialty Contractor Class D. A contractor in this classification shall be allowed to engage in contracting as other than a general or home builder contractor as defined in Paragraphs (1), (2), (3) and (4) above, for labor or for labor and materials involving no more than two (2) trades.

(6) Nothing in this Subsection shall prohibit the issuance of one (1) or more licenses for different contractor classifications to the same person.

(7) A person licensed as a building contractor Class D shall be limited to the trade for which such license is issued, which trade shall be noted on the license certificate. No more than two (2) trades shall be allowed on one (1) Class D license.

(c) Scope and administration. No person shall perform the work of a contractor within the City without first obtaining a contractor's license which shall be issued, suspended and revoked by the City at the direction of the Building Official.

(d) Examination and fee.

(1) Examination. Prior to the issuance of the license required by this Section, it shall be the duty of the Building Official to examine the applicant for such license as to his/her qualifications and competency to engage in or conduct the building contractor work for which application is made. Written examinations shall be required as deemed necessary by the Building Official, with the tests administered by the Board of Examiners for Standardized Testing (B.E.S.T.) as the preferred tests. The Building Official may also accept licensing from other governmental jurisdictions as substitution for testing when such licensing requires testing on current code editions of the International Code Council. Examinations shall be scheduled at a reasonable interval as determined by the Building Official.

(2) Fee. Each applicant shall pay a fee for such examination per the table in subsection 050.040.030(e). Fess may be adjusted administratively.

(Code 1971 §§4-31—4-33, 4-40, 4-42, 4-49, 19-29; A 44-83 §1; A 25-88 §4; R & Re 1-97; A 8-08 §2)

050.040.030 Electrical Contractors.

(a) Scope and administration.

(1) Scope. No person shall perform the work of an electrical contractor within the City without first obtaining an electrical contractor's registration. Nothing in this Section shall be construed to require any homeowner to be registered before performing electrical work on his/her residence except where prohibited by state law; however, such work shall be subject to the same limitations as are placed on contractors by the provisions of Subsection 050.050.020(a).

(2) Exception for telephone, light and cable television companies. The provisions of this Section shall not be construed to apply to telephone, telegraph, electrical, light and cable television companies operating in the City, or their employees; to the installation, repair, alteration, extension, maintenance and operation of their systems; to their employees in connecting or disconnecting the services of their customers; or to such emergencies as are necessary to restore service; however, such companies and their employees are not authorized to go beyond the exceptions contained in this Section.

(3) Administration. Any registration issued pursuant to this Section shall be administered, suspended and revoked by the City at the direction of the Building Official.

(b) Issuance. A person who holds a current valid master electrician's license and electrical contractor license from the State, upon application to the City and the furnishing of Certificates of Insurance as specified in Section 050.040.010(d) above shall be issued an electrical contractor's registration, unless such person's registration is currently under suspension or revocation by the City. No fee shall be charged for this registration.

(Code 1962 §§22.4-3, 22.4-7; Code 1971 §§4-86, 4-92; A 25-88 §5; R & Re 25-88 §5; R & Re 1-97; A 8-08 §2)

050.040.040 Gas Piping Work.

Scope and administration. No person, including a homeowner performing gas piping on his/her residence, shall construct, install, extend, alter, repair or improve any gas piping as defined by the International Fuel Gas Code or International Residential Code as adopted in this Code, within the City without first obtaining a plumbing license unless supervised and inspected by a licensed plumber. The provisions of this Section apply only to such work as is performed on the property or premises of consumers and not to work performed by a gas company on its distribution lines and on customer service lines to and including the gas meter. The issuance, suspension and revocation of this license shall be by the City at the direction of the Building Official.

(Code 1962 §22.6-2; Code 1971 §§4-42, 4-161; A 25-88 §4; R & Re 1-97; A 28-98; A 8-08 §2)

050.040.050 Plumbing contractors.

(a) Scope and administration. No person shall perform plumbing work within the City without first obtaining a plumbing contractor's registration. Nothing in this Section shall be construed to require any homeowner to hold a registration before performing plumbing work on his/her residence except where prohibited by state law; however, such work shall be subject to the same limitations as are placed on homeowners by the provisions of Subsection 050.040.020(a)(3). Any registration issued pursuant to this Section shall be administered, suspended and revoked by the City at the direction of the Plumbing and Gas Fitters Board. For the purposes of this Section, plumbing work does not include that section of pipe extending from the City main to the structure it is servicing, provided that the final connection inside the building is done by the owner or a registered plumber and is inspected and approved by the City, nor does it include any gas piping.

(b) Issuance. A plumbing contractor registration shall be issued to a person who holds a current valid master plumber's license from the State, upon submittal of the application to the City, the furnishing of Certificates of Insurance as specified in Section 050.040.010(d) above and payment of the registration fee unless such person's registration is currently under suspension or revocation by the City.

(Code 1971 §§4-209, 4-210.1, 4-210.2; A 25-88 §6; R & Re 25-88 §6; R & Re 1-97)

050.040.060 Compliance with local and state law required.

All of the laws of the State and this Code and other ordinances of the City dealing with measures for the safety of workers and of the public shall be observed by any person licensed under provisions of this Article. (Code 1971 §4-34; R & Re 1-97)

050.040.070 Suspension and revocation.

(a) Complaint and notice. The Building Official may, upon his/her own motion, and shall, upon the verified complaint in writing of any person, require any person licensed pursuant to this Article to appear before the Building Board of Appeals for hearing after five (5) days' notice in writing mailed to his/her last known post office address or personally delivered to such person. Such notice shall include a copy of the complaint and the date, time and place of the hearing.

(b) Hearing. The Building Board of Appeals shall conduct a hearing allowing for procedural due process although strict rules of evidence need not be followed. At the conclusion of the hearing, if the board finds by clear and convincing evidence that the license holder has committed any one (1) or more of the following acts or omissions, it may suspend or revoke such license:

(1) Abandonment of any contract without legal cause;

(2) Diversion of funds or property received for performance or completion of a specific contract or for a specified purpose in the performance or completion of any contract and their application or use for any other contract, obligation or purpose, or the failure, neglect or refusal to use such funds or property for the performance or completion of said contract;

(3) Fraudulent departure from or disregard of plans or specifications in any material respect without consent of the owner or his/her duly authorized representative, and the Building Official;

(4) Willful and deliberate disregard and violation of the construction building codes of the City or failure to comply with any lawful order of the Building Official;

(5) Misrepresentation of material facts by the applicant in obtaining a license;

(6) Fraudulent use of a license to obtain building permits for another,

(7) Carelessness or negligence in providing reasonable safety measures for the protection of workers and the public;

(8) Failure to obtain a building permit for any work as required by Title 060; or

(9) Suspension or revocation of the person's license (master or otherwise) which is required by the State.

(c) Suspension or revocation. The suspension of the license shall be for a period not to exceed one (1) year, and the revocation shall be for a period of more than one (1) year or may be a permanent revocation of that person's license. The suspension or revocation of a license shall not entitle the licensee to a refund of his/her license or application fees.

(d) Appeal. Any order of suspension or revocation of a license may be appealed to the Building Board of Appeals by filing a written notice of appeal with the Building Official, stating the exact reasons for the order of suspension or revocation, within ten (10) days of the order. The Building Board of Appeals shall hear the appeal within one (1) month. The decision of the Building Board of Appeals shall be final from which an appeal may be taken to Court in accordance with the laws of the State.

(e) Re-examination. The administrating board may require a person whose license has been suspended or revoked to be reexamined before a license will be reinstated or reissued.

(f) Other remedies. These procedures for suspension or revocation of a license are cumulative and are in addition to the powers of the Building Official to issue stop work orders pursuant to Subsection 050.040.010(b) or pursuant to any other provisions of this Code and in addition to any other remedies which may be available to the City.

(Code 1962 §22.6-10; Code 1971 §§4-47, 4-168; R & Re 1-97; A 8-08 §2)

050.040.080 Violations.

In addition to any other remedial action allowed pursuant to this Title, any person violating any of the provisions of this Article or any lawful rule or regulation of the Building Board of Appeals or any lawful order of the Building Official shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080. (Code 1971 §4-481; R & Re 1-97; A 8-08 §2)

ARTICLE 050.050
Miscellaneous Licenses

050.050.010 Commercial tree cutters.

(a) Purpose. The purpose of this Section is to protect the City and its citizens and to protect and preserve trees in the City by assuring a minimum level of knowledge and competency on the part of all persons engaged in the business of cutting trees within the City.

(b) License required. It shall be unlawful for any person to engage in the business of cutting, trimming, pruning or removing trees within the City without first procuring a license from the City. For purposes of this Section, business is defined as any work for which a charge is made by a fixed sum, price, fee, wage, percentage, barter or any combination of these.

(c) Application procedure. Any person desiring a license pursuant to this Section shall make application for the license at the office of the Director of Parks and Recreation ("Director") or his/her duly appointed representative on forms to be provided by the Director. Within ten (10) days after receipt of the application, the Director shall examine the applicant either orally or in writing, as he/she shall deem necessary, in order to determine the applicant's qualifications and competency to engage in the tree trimming and cutting business. At the discretion of the Director, the examination may also include an actual demonstration of the applicant's ability. No license shall be issued or renewed without the approval of the Director.

(d) Insurance. Every person granted a license under this Section shall maintain at all times workers compensation insurance as required by state law, and public liability and property damage insurance in the following minimum amounts: seventy-five thousand dollars ($75,000.00) coverage per occurrence, fifty thousand dollars ($50,000.00) coverage for bodily injury and death per person, and ten thousand dollars ($10,000.00) for property damage.

(e) License fee and term. No license shall be issued hereunder until the applicant has paid an annual license fee of seventy-five dollars ($75.00). The term of the license shall be from January 1 to December 31.

(f) Suspension or revocation of license. Upon the verified complaint in writing by any person or on his/her own motion, the Director may suspend or revoke any license issued hereunder for violation of this Title or for violation of any rule or regulations promulgated pursuant to this Title. The complaint shall be submitted in writing to or made by the Director and shall state the date, time and place of the violation for which the suspension or revocation of said license is requested. Before suspending or revoking any license pursuant to this Section, the Director shall first mail, by certified mail, or deliver to the license holder, a copy of the complaint and give notice to the license holder of a date, not less than five (5) days after the date of mailing or date of delivery of such notice, on which the Director will hold a hearing to determine whether or not such license should be suspended or revoked.

(g) Appeal of suspension or revocation. In the event of any suspension or revocation of a license by the Director, the licensee shall have the right to appeal such suspension or revocation to the City Manager and thence to the City Council. An appeal of the Director's decision must be submitted in writing to the Director within ten (10) days after the suspension or revocation of the license or, if an appeal from the decision of the City Manager, within ten (10) days of his/her decision. The City Manager or the City Council shall have the power to affirm, reverse or modify the decision of the Director or City Manager, respectively. The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.

(Ad 33-83 §6)

050.050.020 Bicycle licenses.

No person shall operate a bicycle in the City without first obtaining a license in compliance with the Model Traffic Code as adopted by the City in Title 120. The fee for such license shall be fifty cents ($0.50). (Code 1971 §9-11)

ARTICLE 050.060
Miscellaneous Business Regulations

050.060.010 Lodging.

The keeper of every hotel, motel or rooming house shall keep a register, and every guest shall be required to register therein his/her name and address or place of residence. Such register shall be open to the inspection of the public at all reasonable times and shall be subject to the inspection of any City police officer at any time on demand. (Code 1962 §17.8-2; Code 1971 §10-1)

050.060.020 Pawnbrokers and secondhand dealers.

(a) Receipt or purchase of articles from minors restricted. No pawnbroker or secondhand dealer shall take or receive in pawn or pledge or shall purchase any article of property or thing of value from any minor unless such minor shall have the written consent of his/her parent or guardian to pawn or to sell such article, a copy of which consent shall be retained by the pawnbroker or dealer. (Code 1962 §16.8; Code 1971 §16-3)

(b) Record keeping. Every pawnbroker or secondhand dealer shall keep in his/her place of residence a well-bound book in which shall be clearly written, at the time of each loan, an accurate account and description of the goods, articles or things pawned, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan and the name and residence of the person pawning or pledging the goods, articles or things. In addition, such book shall contain the following information: number of loan, name of pledgor, address of pledgor, articles pledged, amount of loan, rate per month, time loan is to run, when due, when redeemed, notice sent, when advertised, when sold, amount realized, excess over loan and interest, purchaser, address of purchaser and remarks. The entries therein shall be in the English language, and the book shall have an alphabetical index of the names of the pledgors. The book shall, at all reasonable hours of the day, be open to the inspection of the City police officers. (Code 1962 §16.8; Code 1971 §16-4)

(c) Inspection generally. Any pawnbroker or secondhand dealer shall exhibit any goods or personal property which may have been left with them or purchased by them, to City police officers upon request. (Code 1962 §16.8; Code 1971 §16-5)

(Code 1962 §16.8; Code 1971 §§16-3—16-5)

050.060.030 (R 17-96 §1)

050.060.040 Distribution of commercial and noncommercial handbills.

(a) The following words, terms and phrases, when used in this Article, have the following meanings ascribed to them except where the context clearly indicates that City Council intended a different meaning:

Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature:

a. Which advertises for sale any merchandise, product, commodity or thing; or

b. Which directs attention to any business, mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales;

c. Which directs attention to or attempts to influence political or religious beliefs or attitudes for the purpose of either directly or indirectly promoting political or religious interests; or

d. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind.

Newspaper means any newspaper of general circulation as defined by state law, any newspaper duly entered with the Post Office Department of the United States or in accordance with federal statutes or regulations, and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

(b) It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this Section shall not be deemed to prohibit the handling, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(1) Any public place, except by handing or transmitting any such handbill directly to individuals then present in or upon such public place; and

(2) Any private place without first having obtained the permission of the owner, lessee or person having control of such private place.

(d) It shall be unlawful for any person to distribute, hand out or circulate any handbill in any place, under any circumstances, which does not have printed on the cover, front or back the name and address of the following:

(1) The person who printed, wrote and compiled or manufactured the same; and

(2) The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring said handbill shall also appear thereon.

(e) The provisions of this Section shall not be deemed to apply to the distribution of mail by the United States or to newspapers.

(f) This Section shall not be deemed to repeal, amend or modify any ordinance either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants or any person using the public streets or places for any private business or enterprise or for commercial sales.

(Code 1971 §11-30)

050.060.041 Alcoholic beverage licenses, elimination of 500-foot rule.

Pursuant to the provisions of Section 12-47-313, C.R.S., the City hereby eliminates the five-hundred-foot requirement from any public or parochial school or the principal campus of any college, university or seminary. (Ad 20-84 §1; A 8-98 §1)

050.060.050 Violations.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080.

ARTICLE 050.070
Adult Entertainment Establishments

050.070.010 Definitions.

The following words, terms and phrases, when used in this Article, have the following meanings ascribed to them except where the context clearly indicates that City Council intended a different meaning:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore, Adult video store or adult novelty store means a business having as a substantial and significant portion of its stock and trade, revenues, space or advertising budget resulting from the sale, rental or viewing one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant or similar business, whether alcoholic beverages are served or not, which regularly features:

a. Live performances that are characterized by the exposure of specified anatomical areas; or

b. Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult entertainment establishment or sexually oriented business means an adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment or other similar business and includes any of the following:

a. The opening or commencement of any sexually oriented business as a new business;

b. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c. The additions of any sexually oriented business to any other existing sexually oriented business; or

d. The relocation of any sexually oriented business.

The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or other similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Adult motel means a hotel, motel or similar business that offers accommodations to the public for any form of consideration and provides patrons live performances characterized by the exposure of specified anatomical areas, or with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and that advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, or that offers a sleeping room for rent for a period of time less than ten (10) hours.

Adult motion picture theater means a business where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown for any form of consideration and which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar business that, for any form of consideration, regularly features live performances that are characterized by the exposure of specified anatomical areas.

Church means a church or place of religious worship and institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term church shall not carry a secular connotation and shall include buildings in which the religious services of any domination are held.

Employee means a person who works or performs in and/or for business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

Good moral character, as used within the adult entertainment establishment licensing provisions of this Code, is defined as one who has not engaged in a specified criminal act within the times set forth in this Article.

Licensing officer, when used in conjunction with licensee of adult entertainment establishments, means the City Manager whose function is to review adult entertainment establishment license applications and either issue a license or deny the license based upon the licensing provisions set forth in this Article.

Manager is an operator, other than a licensee, who is employed by a business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

Massage parlor means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered an as incidental or accessory service.

Material means any physical object, facsimile, recording, transcription, pictorial representation, motion picture or reproduction, whether mechanical, electrical or chemical, which is used as a means of communicating sensation or emotion to human beings to or through the visual, aural or tactile senses.

Nudity or state of nudity is the appearance of more than two-thirds (⅔) of the human bare buttocks, or the anus, male genitals, female genitals or the female breasts below the top of the nipple; or a state of dress that fails to opaquely cover more than two-thirds (⅔) of the human buttocks, or the anus, male genitals, female genitals, pubic region or aureole or the female breast below the top of the nipple.

Obscene material means material that:

a. Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary state-wide standard;

b. Depicts or describes hard-core sexual conduct; and

c. Taken as a whole, lacks serious literary, artistic, political or scientific value.

Obscene performance means any performance that:

a. Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary state-wide standard;

b. Presents or shows hard-core sexual conduct; and

c. Taken as a whole, lacks serious literary, artistic, political or scientific value.

Operator is and includes the owner, permit or license holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Peep booth means a viewing room of less than one hundred fifty (150) square feet of floor space.

Performance means a presentation or exhibition, whether live or recorded, in a public place or place open to the public or to a segment thereof at which an admission fee is charged or attendance is conditioned upon the presentation of a membership card or other token.

Permittee and/or licensee is a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as the applicant on the application for a permit and/or license.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Principal owner means any person owning, directly or beneficially, ten percent (10%) or more of the ownership interest in any legal entity other than a corporation. No stockholder of a corporation shall be considered a principal owner.

Private room means a room in an adult motel that is not a peep booth, has a bed and bath in the room or adjacent room and is used primarily for lodging.

Promote means to produce, direct, manufacture, sell, provide, distribute, present or exhibit for consideration, to offer or agree to do any of these things for consideration, or to have a financial interest in any of these things.

Sadomasochistic material or sadomasochistic performance means that material or performance that:

a. Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary state-wide standard;

b. Depicts, presents, shows or describes flagellation, mutilation or torture, actual or simulated, in a sexual context; and

c. Taken as a whole, lacks serious literary, artistic, political or scientific value.

Sexual encounter establishment means a business or commercial establishment that, as one (1) of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of the exposure of specified anatomical areas, or when one (1) or more of the persons exposes any specified anatomical area.

Specified anatomical areas are defined as including:

a. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point above the top of the nipple.

b. Human male genitals in a discernible turgid state even if completely and/or opaquely covered.

c. Areas included within the definition of nudity hereinabove.

Specified criminal acts include sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity, sale, distribution or display of harmful material to a minor, prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, sexual performance by a child, possession of child pornography, public lewdness, indecent exposure, indecency with a child, engaging in organized criminal activity as defined by state statutes, sexual assault or aggravated sexual assault, as defined by state statutes, incest, solicitation of a child or harboring a runaway child as defined by state statutes, kidnapping or aggravated kidnapping as defined in state statutes, bribery or retaliation as described in state statutes in violation of the Colorado Controlled Substances Act or Dangerous Drugs Act punishable as a felony, Class A Misdemeanor or Class B Misdemeanor, criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, pandering, tax violations associated with sexually oriented businesses, crimes involving the use of or trafficking narcotic drugs, or violent acts against persons or property.

Specified sexual activities means acts, simulated acts, exhibitions, representations, depictions or descriptions of:

a. Human male genitals in a discernable and evident state of sexual stimulation or arousal.

b. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

c. Intrusions, however slight, actual or simulated, by any object, any part of an animal's body or any part of a person's body into the genital or anal openings of any person's body.

d. Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated, buggery, coprophagy, coprophilia, necrophilia, pederasty, pedophilia, piquerism, sapphism and zooerasty.

e. Flagellation, mutilation or torture, actual or simulated, including sadomasochism in a sexual context.

Transfer of ownership or control of a sexually oriented business means any business arrangement, gift or other similar legal devise that transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(Ad 5-97)

050.070.015 License required.

(a) No adult entertainment establishment, as defined herein, shall be permitted to operate within the City except as herein provided, and any said operation without a license is unlawful. It shall further be unlawful and an offense if a person operates or causes to be operated a sexually oriented business and/or adult entertainment establishment and said person knows or reasonably should know that: (1) the business does not have a sexually oriented business and/or adult entertainment establishment license; (2) the business has a license that is under suspension; (3) the business has a license that has been revoked; or (4) the business has a license that has been expired. Further, any applicant must first obtain zoning approval prior to the issuance of a license, which zoning approval is subject to relevant zoning regulations contained in Article 070.060 of this Code, and said decision of the applicant's zoning request shall be processed in the same manner and course as any other zoning request.

(b) Responsibilities:

(1) The licensing officer is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business licenses for proposed or existing sexually oriented businesses.

(2) The Planning Director is responsible for ascertaining whether a proposed sexually oriented business for which a license application has been submitted complies with all locational requirements of Title 070 of this Code and for processing the zoning application request through the special review process.

(3) The Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time periods set forth herein.

(4) The Building Inspector is responsible for inspecting a proposed sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

(c) No later than thirty (30) days after the effective date of this ordinance, all adult entertainment establishments lawfully operating within the city on or before the effective date of this ordinance shall apply for an adult entertainment establishment license. If an application is not received within thirty (30) days of the effective date of this ordinance, such existing adult entertainment establishment must cease operations. Except where expressly provided otherwise, the applicant is permitted a six-month amortization period from the effective date of this ordinance. After the expiration of said amortization period, the licensing officer shall approve or deny the license subject to the provisions contained herein.

(d) The annual license fee for a new adult entertainment establishment shall be one thousand dollars ($1,000.00); five hundred fifty dollars ($550.00) for a transfer of location or ownership; and four hundred dollars ($400.00) for a renewal of a license.

(e) A license may be issued only for one (1) adult entertainment establishment at a fixed and certain place. Any person, partnership or corporation that desires to operate more than one (1) adult entertainment establishment must obtain a license for each establishment.

(Ad 5-97)

050.070.020 Application and conditions of license.

(a) The completed applications shall contain the following information and shall be accompanied by the following documents:

(1) If the applicant is an individual, the individual shall state his/her complete legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) year of age.

(2) If the applicant is a legal entity, the person shall state its complete name, the date and place of its organization, evidence that it is in good standing under the laws of the state in which it is organized and, if it is organized under the laws of a state other than Colorado, that it is registered to do business in Colorado, the names and capacity of all officers, directors, managers and principal owners, and the name of the registered agent and the address of the registered office for service of process, if any.

(3) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must state the sexually oriented business's fictitious name.

(4) The applicant's driver's license number, social security number and his/her state or federally issued tax identification number.

(5) Whether the applicant or any of the other individuals listed pursuant to Paragraph (1) or (2) above have been convicted of a specified criminal activity for which:

a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a felony offense; or

c. Less than five (5) years have elapsed since the date of the last conviction and the date of release from confinement for the last convictions, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four-month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

(6) Whether the applicant or any of the other individuals listed pursuant to Paragraph (1) or (2) above has had a previous license under this or other similar sexually oriented business ordinances from another town or county denied, suspended or revoked and, if so, the name and location of the sexually oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(7) Whether the applicant or any other individuals listed pursuant to Paragraph (1) or (2) above has been a principal owner of a legal entity which license has previously been denied, suspended or revoked and, if so, the name and location of the sexually oriented business for which the license was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

(8) Whether the applicant or any other individual listed pursuant to Paragraph (1) or (2) above holds any other permits and/or licenses under this Article or other similar sexually oriented business ordinance from another municipality and, if so, the names and locations of such other permitted businesses.

(9) The location of the proposed sexually oriented business, including a legal description of the property, address and telephone number, if any.

(10) The single adult entertainment establishment classification of license for which the applicant is filing.

(11) The mailing address and residential address of the applicant and any other individual listed pursuant to Paragraph (1) or (2) above.

(12) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be oriented to the north or to some designated street or object and shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The licensing officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. If the sexually oriented business has or will have a peep booth or booths, the sketch shall show the locations of each manager's station and designate any portion of the premises in which patrons will not be permitted.

(13) A current certificate and straight-line drawing within thirty (30) days prior to an initial application by a Colorado registered land surveyor depicting: (1) the property lines and the structures of the property to be certified; (2) the property lines of any residential zone district, church, public or private school, child care center, public community center, park, fairground, recreation center, publicly owned or maintained building opened for use by the general public, any alcoholic beverage establishment located in the City at which alcoholic beverages are offered for sale for consumption on the premises, any area designated as an urban renewal project area pursuant to Section §31-25-107, C.R.S., within five hundred (500) feet of the property to be certified; (3) the property lines of any arterial or major or collector roadway within two hundred (200) feet of the property to be certified; and (4) the property lines and structures of any other sexually oriented business within one thousand (1,000) feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(14) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each principal owner of the applicant must sign the application for a license as the applicant.

(b) In the event that the licensing officer determines or learns at any time that the applicant has improperly or inaccurately completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly or accurately complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(c) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business license.

(Ad 5-97)

050.070.025 Duty to supplement application.

Applicants for a license under this Article shall have a continuing duty to promptly supplement application information required by this Article in the event that said information changes in any way from that which is stated in the original application. The failure to comply with said continuing duty within thirty (30) days from the date of such change shall be grounds for suspension of the respective license.

050.070.030 Investigation of application.

(a) Upon receipt of an application for a sexually oriented business license properly filed with the licensing officer and upon payment of the nonrefundable application fee, the licensing officer shall immediately stamp the application as received and send photocopies of the application to the Planning Department, the Police Department, the Building Inspector and any other department responsible under law for investigating compliance, such as the Fire Department. Each department shall promptly conduct an investigation of the applicant, application and proposed sexually oriented business in accordance with its responsibilities under law. Said investigations shall be completed by all departments within forty-five (45) days of receipt of the application by the licensing officer. At the conclusion of its investigation, each department shall indicate on the application its approval or disapproval of the application and the reasons therefor, the date and the signature of the department official investigating. The Police Department shall be required only to provide the information regarding the applicant as specified herein and shall not be required to approve or disapprove an application.

(b) The Building Inspector, Planning Department or other department shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, said department shall immediately return the application to the licensing officer.

(Ad 5-97; A 26-99 §2)

050.070.035 Granting or denial of license.

(a) The licensing officer shall grant or deny an application for a license within sixty (60) days from the date of its proper filing. Upon the expiration of the sixtieth day, unless the applicant requests in writing and is granted a reasonable extension of time, the application shall be deemed granted, unless the licensing officer notifies the applicant of a denial of the application in writing and states the reasons for that denial.

(b) Grant of application for license:

(1) The licensing officer shall grant the application unless one (1) or more of the criteria set forth below is present.

(2) The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall also indicate that sexually oriented businesses are subject to prohibitions against public indecency pursuant to Sections §18-7-208 and §18-7-301, C.R.S. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time.

(1) The licensing officer shall deny the application for any of the following reasons:

a. An applicant is under eighteen (18) year of age.

b. An applicant is overdue on his/her payment to the City of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.

c. An applicant has failed to provide information required by this Article for the issuance of the license or has falsely answered a question or request for information on the application form.

d. The premises to be used for the sexually oriented business have been disapproved by an inspecting department pursuant to provisions of this Article.

e. The application or license fees have not been paid.

f. An applicant or the proposed business is in violation of, or is not in compliance with, any of the provisions of this Article or any pertinent provisions of this Code, including but not limited to, the zoning locational requirements for a sexually oriented business.

g. The granting of the application would violate a statute, ordinance or court order.

h. The applicant has a license under this Title which has been suspended or revoked within the previous twelve (12) months.

i. The applicant has been convicted of a specified criminal act within the times set forth herein.

j. The applicant knowingly has in his/her employ an employee who does not have a valid license, as required by this Article.

k. The applicant is not of good moral character, as defined by this Article.

(2) If the licensing officer denies the application, he/she shall notify the applicant in writing of the denial and state the reasons for the denial pursuant to the time periods set forth hereinabove.

(3) Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. The applicant has the right to appeal any adverse decision by the licensing officer and must notify the City Clerk of such appeal by requesting in writing a hearing before the City Council within ten (10) days after receipt of notification of the denial. A public hearing on said denial shall be held by the City Council within thirty (30) days thereafter unless the applicant agrees in writing to an extension of time on the public hearing.

(4) Failure or refusal of the applicant to give any information relevant to the investigation of the application, his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his/her refusal to submit to or cooperate with any investigation required by this Article, shall constitute an admission by the applicant that he/she or she is ineligible for such license and shall be grounds for denial thereof by the licensing officer.

(Ad 5-97)

050.070.040 Expiration of license.

(a) Each license shall expire one (1) year from the date of issuance unless suspended or revoked, and may be renewed only by making application as provided in this Article. Application for renewal of a license shall be made at least thirty (30) days before the expiration date of the license, and the original survey filed with the original application shall be sufficient for renewal purposes. If a renewal application is made fewer than thirty (30) days before the expiration date of the license, the expiration date of the license will not be affected.

(b) If, subsequent to denial of a renewal, the licensing officer finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date denial becomes final.

(Ad 5-97)

050.070.045 Suspension of license.

(a) The licensing officer shall suspend a license for a period not to exceed thirty (30) days if he/she determines that a licensee, or an employee of a licensee, has:

(1) Violated or is not in compliance with any section of this Article;

(2) Refused to allow an inspection of the sexually oriented business premises as required by this Article;

(3) Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulations, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such a statute, code, ordinance or regulation violation, the licensing officer shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period, the licensing officer shall forthwith suspend the license and shall notify the licensee of the suspension;

(4) Engaged in a license transfer contrary to this Article. In the event that the licensing officer suspends a license on the grounds that a licensee engaged in a license transfer contrary to this Article, the licensing officer shall forthwith notify the licensee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied;

(5) Operated the sexually oriented business in violation of the hours of operation provisions in this Article;

(6) Where the licensing officer has reason to believe that a violation of this Title has occurred in a deliberate or willful manner, or that the public health, safety and welfare require immediate action on the part of the licensing officer, the licensing officer may summarily suspend the license of an adult use establishment or an adult use employee, and said notice of suspension shall contain notice that the adult use establishment or adult use employee may request a hearing to contest the suspension. Should the adult use establishment or the adult use employee, within ten (10) days after service of the suspension notice, request a hearing on the suspension, the licensing officer shall set a hearing date within thirty (30) days. No suspension shall exceed thirty (30) days unless prior to expiration of the thirty-day suspension a revocation proceeding is commenced; or

(7) The licensing officer may impose a civil penalty against the licensee for any violations meriting a suspension or revocation, as provided herein. If the licensee fails to pay the civil penalty, the licensing officer may provide that, at the end of the period of suspension, if the civil penalty remains unpaid, the license shall be revoked.

(b) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation has been corrected.

(Ad 5-97)

050.070.050 Revocation of license.

(a) The licensing officer shall revoke a sexually oriented business license upon determining that:

(1) A cause of suspension in Section 050.070.045 of this Article and the license has been suspended within the preceding twelve (12) months;

(2) A licensee gave false or misleading information in the material submitted during the application process that enhanced the applicant's opportunity to obtain a license;

(3) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) on the premises;

(4) A licensee or an employee has knowingly allowed prostitution on the premises;

(5) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(6) A licensee has been convicted of a specified criminal act for which the time period set forth herein has not elapsed;

(7) On two (2) or more occasions within a twelve-month period, a person committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person was an employee of the sexually oriented business at the time the offense was committed. The fact that a conviction is being appealed shall have no effect on the revocation of the license;

(8) A licensee is delinquent in payment to the City or State for any taxes or fees;

(9) A licensee or an employee of a licensee has knowingly allowed any specified sexual activity to occur in or on the licensed premises or personally engaged in the same; or

(10) The licensee has operated more than one (1) sexually oriented business within the same building, structure or portion thereof.

(b) When the licensing officer revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective.

(Ad 5-97)

050.070.055 Transfer of license.

(a) A licensee shall not operate a sexually oriented business under the authority of a license at any place other than the address designated in the application for license.

(b) A licensee shall not transfer his/her license to another person unless and until such other person satisfies the following requirements:

(1) Obtains an amendment to the license from the licensing officer that provides that he/she is now the licensee, which amendment may be obtained only if he/she has completed and properly filed an application with the licensing officer, setting forth the information required in this Article; and

(2) Pays a transfer fee of twenty percent (20%) of the original annual license fee.

(c) No license may be transferred when the licensing officer has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.

(d) A licensee shall not transfer his/her license to another location.

(e) Any attempt to transfer a license either directly or indirectly in violation of this Section is hereby declared void, and the license shall be deemed revoked.

(Ad 5-97)

050.070.057 Display of specified anatomical areas or nonlive entertainment or performances; establishments serving and/or selling liquor.

(a) No retail licensee for on-premises consumption of liquor shall suffer or permit any person to appear on said licensed premises displaying specified anatomical areas or nonlive performances or entertainment exhibiting specified sexual activities, as defined in Article 050.070 of the Code.

(b) Any person who shall violate any provision of this Section shall be guilty of an offense against the City, punishable as provided in Section 010.020.080 of this Code.

(c) If the owner, operator, licensee, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the City at which alcoholic beverages are offered for sale for consumption on the premises shall be convicted of any of the offenses herein, the Local Liquor Licensing Board may take appropriate action, including, but not limited to, suspension and revocation of the establishment's respective liquor license.

(Ad 5-97)

050.070.060 Judicial review.

After denial of an application, denial of a renewal of an application, suspension or revocation of a license and a hearing before the City Council as set forth hereinabove, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction. (Ad 5-97)

050.070.065 Sexually oriented business employees general requirements.

(a) Qualifications: Employees of an adult use entertainment shall be not less than eighteen (18) years of age. Every employee shall be of good moral character, as defined herein.

(b) Approval for employment: Before any person may work on a licensed premises, he/she shall first obtain a sexually oriented business employee license, as set forth hereinbelow.

(c) Prohibitions: Notwithstanding any other applicable prohibitions in this Code, employees shall not be permitted to mingle with patrons in a nude state and are prohibited from kissing or touching patrons. Further, it shall be unlawful for any employee of a sexually oriented business to receive tips from patrons other than through the receipt of such tips from one (1) or more tip boxes or other containers designed to receive said tips. All tips for such employee shall be placed by the patron of the sexually oriented business into the tip box. The tip boxes for the sexually oriented business patrons, as provided in this Section, shall be identified by the posting of one (1) or more signs that must be conspicuously visible to the patrons on the premises in letters at least one (1) inch high, to read as follows: "All tips are to be placed in the tip box and not handed directly to employees. Any physical contact between a patron and employees is strictly prohibited."

(d) Violation: Violation of the provisions of this Article or the rules and regulations of the licensing officer shall subject an employee to suspension or revocations of the license.

(Ad 5-97)

050.070.070 Employee license required.

It shall be unlawful, and a person commits a misdemeanor, if he/she works as an employee of a sexually oriented business without first obtaining an employee's license. (Ad 5-97)

050.070.075 Application for employee license.

(a) An employee shall submit an application for an employee's license on a form to be provided by the licensing officer. The application shall contain the applicant's name, address, date of birth, phone number, driver's license number and any other information required therein.

(b) The licensing officer shall refer the employee license application to the Police Department for investigation to be made of such information as is contained on the application. The application process shall be completed within ten (10) days from the date the completed application is filed. After the investigation, the licensing officer shall issue a license unless:

(1) The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license, or in any report required to be filed with the Police Department or other department;

(2) The applicant is under age eighteen (18);

(3) The applicant has failed to provide the information required by this Section;

(4) The license fee has not been paid;

(5) The applicant has been convicted of a specified criminal act within the times set forth in this Article;

(6) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Article; or

(7) The applicant has had a sexually oriented business employee license revoked by the City within two (2) years of the date of the current application.

(c) A license granted pursuant to this Section shall be subject to annual review by the licensing officer upon the written application of the applicant and a finding by the licensing officer and the Police Department that the applicant has not been convicted of any specified criminal act or committed any act during the existence of the previous license period that would be grounds to deny the initial license application.

(d) The employee license shall be subject to a fifty-dollar fee, and a renewal shall be subject to a twenty-five-dollar fee.

(Ad 5-97)

050.070.080 Inspection.

(a) An applicant or licensee shall permit representatives of the Building Inspection Department, Police Department and Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

(b) A person who operates a sexually oriented business or his/her agent commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business.

(Ad 5-97; A 26-99 §2)

050.070.085 Records and reports; authority to promulgate.

(a) Each licensee shall keep such records and make such reports as may be required by the licensing officer and the Fire Marshal to implement this Article and carry out its purpose. By applying for a license under this Article, an individual, partnership or corporation shall be deemed to have consented to the provisions of this Article and to the exercise by the licensing officer of the powers given herein and in the manner herein specified.

(b) The licensing officer is authorized to promulgate rules and regulations not inconsistent with this Article or this Code as are necessary to carry out the provisions of this Article.

(Ad 5-97)

050.070.090 General requirements.

In addition to the special requirements contained in the Zoning Code, each licensed premises shall:

(1) Conform to the requirements of the International Building Code, as adopted in this Code, unless a requirement in the International Building Code conflicts with a special requirement contained in this Article.

(2) Conform to the requirements of the International Fire Code, as adopted in this Code; except to the extent that a requirement in the International Fire Code, as adopted in this Code, conflicts with a special requirement contained in this Article.

(3) In all cases wherein the occupant capacity, as determined by the Fire Inspector, is at least fifty (50) persons, exclusive of attendants and assistants, such structure shall have electric, battery-operated emergency lights using reliable type storage batteries provided with suitable maintenance in properly charged condition; provided that dry batteries shall not be used, and further provided that electric storage batteries shall be approved by the Fire Inspector for their intended use and shall comply with the building codes, as adopted by the City; and further provided that the provisions of this Section shall not apply to adult motion picture theaters that are open-air theaters designed to permit viewing by patrons seated in automobiles.

(4) Conform to the requirements of the comprehensive zoning ordinance of the City.

(5) Conform to all other ordinances of the City.

For purposes of this Section, the City shall render a decision regarding conformance to the general and special requirements noted in this Article within forty-five (45) days of an application for a license.

(Ad 5-97; A 8-08 §2)

050.070.095 Adult bookstore, adult novelty store and adult video store requirements.

In addition to the general requirements noted in Section 050.070.090, an adult bookstore shall observe the following special requirements:

(1) All materials and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises.

(2) If recordings are offered for sale and customers may listen to them while on the licensed premises, soundproof booths or rooms shall be available for use by customers who desire to listen and each such booth or room shall have:

a. One (1) clear window, facing the major portion of the licensed premises, covering not less than one-fourth (¼) of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use, except when the booth or room is used for viewing motion pictures.

b. Sufficient seating to accommodate the expected number of persons who will occupy the booth or room at one time.

c. The number of persons who may occupy the booth or room at one (1) time clearly stated on or near the door to the booth or room, and only that number shall be permitted inside the booth or room at one (1) time.

d. The door opening into the booth or room is incapable of being locked or otherwise fastened so that it will freely open from either side.

(3) It is unlawful for anyone to distribute for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices include but are not limited to phallic-shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.

(Ad 5-97)

050.070.100 Adult arcade, adult motel and peep booth requirements.

In addition to the general requirements noted above, a person who operates or causes to be operated a sexually oriented business that exhibits on the premises in a peep booth a film video cassette, or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the requirements of this Section.

(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which this license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The licensing officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. The application shall be sworn to be true and correct by the applicant.

(2) At least one (1) employee must be on duty and situated at each manager's station at all times that any patron is present inside the premises.

(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City.

(4) It is the duty of the owners and operators of the premises to ensure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video display equipment. If the premises has two (2) or more managers' stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the managers' stations. The view required in this Paragraph must be by direct line of sight from the manager's station. The view area shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and no patron shall be permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Article.

(6) No door, screen or other covering shall be placed or allowed to remain on any peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent peep booths.

(7) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in Paragraph (5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials or persons at all times and to ensure that no patron is permitted access to any area of the premises that has not been designated as an area in which patrons will not be permitted in the application filed pursuant to this Article.

(8) No peep booth may be occupied by more than one (1) person at any time. No holes, commonly known as "glory holes," shall be allowed in the walls or partitions that separate each viewing room from an adjoining viewing room or restroom.

(9) A person having a duty under this Section commits a misdemeanor if he/she fails to fulfill that duty.

(10) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2) foot-candles, as measured at the floor level. It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

(Ad 5-97)

050.070.105 Adult motion picture theater requirements.

In addition to the general requirements contained hereinabove, an adult motion pictures theater shall observe the following special requirements:

(1) Each adult motion picture booth shall have a rectangular-shaped entrance not less than two (2) feet wide nor less than six (6) feet high, and there shall be a door, curtain or other closure closing off the entrance while the booth is in use, which closure shall open outward from the inside of the booth or be capable of being pushed aside.

(2) Each adult motion picture booth shall have sufficient seats to accommodate the maximum number of persons expected to use the booth. The maximum number of persons who may occupy a booth shall be stated on or near the entrance, and only that number shall be permitted to be in a booth at any time.

(3) Adult motion picture booths, if there is more than one (1) in an adult motion picture theater, shall open onto a common corridor, passageway or area that has an exit way or doorway, as defined in the International Building Code, as adopted in this Code, separate from the other required exits of the licensed premises. This exit way or doorway need not be in use during the normal course of business; however, an exit doorway opening directly to the exterior, whether it is the only exit doorway or the last exit doorway in an exit way, shall be equipped with approved panic hardware, as provided in the International Building Code.

(4) Adult motion picture booths shall be lighted, whenever film material is not being shown, such that the light intensity at every point thirty (30) inches above the floor is not less than one-half (.5) foot-candle, but may be in complete darkness when film material is being shown. Common corridors, passageways or areas shall be constantly lighted when in use such that the light intensity at every point thirty (30) inches from the floor is not less than five-hundredths (.05) of a foot candle.

(5) Partitions between adult motion picture booths shall be considered nonbearing partitions, but they shall be so constructed as to have a fire-resistance rating of not less than one (1) hour, or shall have approved sprinklers.

(6) An adult motion picture theater having only a hall or auditorium for the showing of film material shall be considered a "place of assembly" within the meaning of the Uniform Building Code and shall conform to the requirements thereof.

(7) An adult motion picture theater having both adult motion picture booths and a hall or auditorium shall conform to the special requirements for both facilities, provided that where the special requirements allow common elements to be utilized or constructed, this may be done with the express approval of the Building Inspector.

(8) There shall be provided within or adjacent to the common corridor, passageway or area in adult motion picture theaters having adult motion picture booths, adequate lavatories equipped with running water, hand-cleansing soap or detergent and sanitary towels or hand-drying devices; common towels are prohibited.

(9) An adult motion picture theater designed to permit viewing by patrons seated in automobiles shall have the motion picture screen so situated, or the perimeter of the licensed premises so screened, that the projected film material may not be seen from any public right-of-way or residential property.

(Ad 5-97; A 8-08 §2)

050.070.110 Adult cabaret, adult theater and adult motel requirements.

In addition to the general requirements contained hereinabove, an adult cabaret, adult theater and adult motel establishment shall observe the following special elements:

(1) Any person employed or working in the licensed premises as a dancer shall, while dancing, perform upon a stage or similar structure specially designed for such dancing. Stages shall conform to the requirements of the International Building Code, as adopted in this Code, including the requirements for appurtenant rooms if such appurtenant rooms are used by the establishment, provided that the dancers shall be provided with dressing rooms that are not part of or used by the public as restrooms.

(2) Where a dancer performs upon a platform or other small structure designed to hold a small number of persons that is not a stage nor equipped to be a stage for theatrical presentations, the platform shall be level and of sturdy construction, shall be securely fastened to the floor or wall during performances and shall be a minimum of seven (7) feet from patrons to be seated. Steps and handrails shall be provided so that the dancer may ascend to the top of the platform safely under the normal operating conditions of the establishment in all cases wherein the top of the platform is more than eight (8) inches from the surface upon which the platform rests.

(3) It shall be unlawful for any employee of a sexually oriented business to receive tips from patrons except as set forth herein. A licensee that desires to provide for tips from its patrons shall establish one (1) or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box. A sexually oriented business that provides tip boxes for its patrons, as provided for in this Section, shall post one (1) or more signs to be conspicuously visible to the patrons of the premises in letters at least one (1) inch high to read as follows: "All tips are to be placed in the tip box and not handed directly to employees. Any physical contact between a patron and employees is strictly prohibited."

(Ad 5-97; A 8-08 §2)

050.070.115 Admission of minors unlawful.

It shall be unlawful for a licensee or operator to admit or to permit the admission of minors under the age of eighteen (18) years within a licensed premises. (Ad 5-97)

050.070.120 Sale to minors unlawful.

It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any minor any service, material or thing sold or offered for sale by an adult bookstore, adult motion picture theater, adult massage parlor, adult dancing establishment or other adult entertainment facility. (Ad 5-97)

050.070.125 Cleaning of licensed premises requirements.

Each licensed premises shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the licensed premises. There shall be provided adequate facilities, equipment and supplies on the licensed premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of the entire licensed premises. Trash and garbage shall not be permitted to accumulate or to become a nuisance on or in the immediate vicinity of the licensed premises, but shall be disposed of daily or as often as collections permit. (Ad 5-97)

050.070.130 Self-inspection of licensee to premises.

The licensee of a licensed premises, or his/her designated representative, shall make sanitary inspections of the licensed premises at least once a month, and shall record his/her findings on a form supplied by the licensing officer. Each licensed premises shall post and maintain in a readily accessible place a schedule for maintaining the sanitation of the premises. (Ad 5-97)

050.070.135 Sealing of unsanitary or unsafe conditions.

A licensed premises, or any part thereof, may be sealed by order of the licensing officer on his/her finding of a violation of this Article resulting in an unsanitary or unsafe condition. Prior to sealing, the licensing officer shall serve on the licensee, by personal service on him/her or by posting in a conspicuous place on the licensed premises, a notice of the violation and an order to correct it within twenty-four (24) hours after service. If the violation is not so corrected, the licensing officer may physically seal that portion of the licensed premises causing the violation and order the discontinuance of use thereof until the violation has been corrected and the seal removed by the licensing officer. The licensing officer shall affix to the sealed premises a conspicuous sign labeled "Unclean" or "Unsafe," as may be appropriate. (Ad 5-97)

050.070.140 Abatement as sanitary nuisance.

A licensed premises, or any part thereof, which has been determined to be unsanitary or unsafe may be declared a nuisance and such abated by the City at the licensee's expense. (Ad 5-97)

050.070.145 Interference with inspection.

No person shall interfere with or obstruct inspectors in the performance of their official duties hereunder. (Ad 5-97)

050.070.150 Tampering with notices, etc.

No person shall mutilate, obstruct, tear down, remove or otherwise tamper with any official notice, seal or poster unless authorized to do so by the licensing officer under this Article. (Ad 5-97)

050.070.155 False statements prohibited.

No person shall knowingly make, induce or cause to be made by another a false, untrue or misleading statement or a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to this Article. No person shall knowingly make a false, untrue or misleading oral statement to the licensing officer as to any matter investigated by the licensing officer. (Ad 5-97)

050.070.160 Alterations prohibited.

No person shall reproduce, alter or cause to be reproduced or altered a license, report, certificate or other document issued by the licensing officer if the purpose of the reproduction or alteration is the evasion or violation of a provision of this Article or any other law. (Ad 5-97)

050.070.165 Immunity from prosecution.

All officers and employees of the City who are acting within the scope of their authority and duties under this Article shall be immune from prosecution, civil and criminal, for trespass upon real property. (Ad 5-97)

050.070.170 Violations.

Any person who knowingly and willingly:

(1) Operates, procures or acquiesces in the operation of an unlicensed premises contrary to the relevant requirements of this Code;

(2) Admits, procures or acquiesces in the admission of a minor within a licensed premises;

(3) Sells, barters or gives, or offers to sell, barter or give, or in an offer to sell, barter or give to any minor any service, device or thing sold or offered for sale by an adult bookstore, adult cabaret, adult motel, adult arcade, adult motion picture theater, massage parlor, adult theater or peep booth;

(4) Maintains, procures or acquiesces in the maintaining of a licensed premises in an unsanitary or unsafe condition contrary to the provisions of this Article;

(5) Having a duty to conduct the self-inspection required herein, fails or refuses, or procures or acquiesces in a failure or refusal to conduct said self-inspection;

(6) Interferes with or procures or acquiesces in an interference with an inspector contrary to relevant provisions of this Code; or

(7) Maintains, procures or acquiesces in the maintenance of a nuisance on a licensed premises;

shall be guilty of a violation of this Code, as amended. For violations that are of a continuing nature, each day that the violation continues shall be a separate offense.

(Ad 5-97)

050.070.175 Civil penalties.

(a) In addition to or in lieu of the penalties that may be otherwise imposed, the licensing officer may assess the following civil penalties:

(1) A person who operates or attempts to operate an adult bookstore, adult cabaret, adult motel, adult arcade, massage parlor, adult motion picture theater, adult theater or peep booth without having first obtained a license under this Article may be assessed a civil penalty of up to three hundred dollars ($300.00).

(2) An applicant for a license under this Article, and any officer, director, partner, agent or attorney of such applicant, who knowingly makes a false statement or provides false information on any document or paper accompanying and forming a part of such application, shall be assessed a civil penalty of up to two hundred dollars ($200.00) for each such false statement or false item of information.

(3) A licensee or employee who fails or refuses to renew his/her license within the period granted herein may be assessed a civil penalty of up to fifty dollars ($50.00) for each day beyond said period that said refusal or failure continues, but not to exceed three hundred dollars ($300.00) for each refusal or failure.

(4) A licensee, and any agent, officer, servant or employee of a licensee, who maintains a nuisance on the licensed premises or permits the licensed premises to be unsanitary or unsafe may be assessed a civil penalty of up to one hundred dollars ($100.00) for each day that the nuisance or unsafe or unsanitary condition continues.

(5) A licensee who moves his/her licensed premises without approval by the licensing officer or who changes the name of his/her business without notifying the licensing officer may be assessed a civil penalty up to three hundred dollars ($300.00).

(6) A licensee or employee who does not keep the records and make the reports required by any of the agencies herein may be assessed a civil penalty of up to fifty dollars ($50.00) for each violation.

(7) A licensee, any agent, officer, servant or employee of a licensee who fails to correct violations of the general and applicable special requirements for the licensed premises may be assessed a civil penalty of up to two hundred dollars ($200.00) for each violation observed and not corrected within the period prescribed by the licensing officer, the Building Official or the Fire Department, as the case may be.

(8) Any person who aids or participates in a violation for which a civil penalty may be assessed under this Article shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(b) Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include but shall not be limited to an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for herein shall be cumulative and independently available to the City, and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

(Ad 5-97)

050.070.180 Assessment and recovery of civil penalty.

Civil penalties shall be assessed by the licensing official based upon findings certified by the Building Official or Fire Department. (Ad 5-97)

050.070.185 Criminal penalties.

If any person fails or refuses to obey or comply with or violates any of the criminal provisions, such person upon conviction of such offense shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or both, in the discretion of the court. Each violation of noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation shall be considered as a separate offense. (Ad 5-97)