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NUDE ENTERTAINMENT ORDINANCE

Ordinance No. 1989-2

WHEREAS, establishments in the unincorporated portion of Larimer County in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments, may adversely impact schools, churches or residential neighborhoods in which, or near which, they may locate; and

WHEREAS, if such establishments do not hold liquor licenses, they are not subject to the regulations imposed on nude entertainment by the liquor code; and

WHEREAS, said adverse impacts may include (without limitation) attraction of transients, parking and traffic problems, increased crime and noise, decreased property values, increased safety hazards to the neighborhood children, and overall deterioration of neighborhood quality; and

WHEREAS, the Colorado State Legislature has enacted Section 30-15-401 (1)(I), C.R.S., which authorizes the Board of County Commissioners to adopt by ordinance those regulations necessary for the operation of establishments open to the public in which, persons appear in a state of nudity for the purpose of entertaining such establishments' patrons, and

WHEREAS, the said Board has conducted a public hearing and made investigations concerning the desirability and need for such an ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Larimer County, Colorado that operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments, and which are located in the unincorporated portion of Larimer County, Colorado, shall be subject to the following regulations.

  1. These regulations shall apply to establishments open to the public in which, at any time, persons appear in a state of nudity- whether as the primary, or principal, use of the premises or whether as a secondary, or incidental or accessory, use of the premises-for the purpose of entertaining the patrons of such establishments (but not including performances in which persons appear in a state of nudity and which, taken as a whole, contain serious literary, artistic, political or scientific value), and which are located in the unincorporated portion of Larimer County, Colorado, hereinafter referred to as "Nude Entertainment Establishment". However, these regulations shall not apply to any liquor licensed establishments offering nude entertainment, as such establishments are already subject to regulations under the Colorado Liquor Code.
  2. A person appears in a "state of nudity" when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. The term "entertaining" as used in the first sentence of Part 1 hereof shall mean providing amusement, enjoyment, satisfaction or gratification, whether for a fee or not. The term "nude entertainment" as used in this ordinance shall mean persons appearing in a state of nudity for the purpose of providing amusement, enjoyment, satisfaction or gratification, whether for a fee or not (but not including performances in which persons appear in a state of nudity and which, taken as a whole, contain serious literary, artistic, political or scientific value).
  3. Nude entertainment shall only be available at Nude Entertainment Establishments from the hours of 7:00 a.m. to 12:00 p.m. (midnight) each day. Nude Entertainment Establishments may be open for such additional hours as their owners in their discretion desire, provided nude entertainment is not available during such additional hours; e.g., other lawful activity not involving nude entertainment may freely occur. Each Nude Entertainment Establishment shall only conduct or offer nude entertainment indoors (within an enclosed structure), and no Nude Entertainment Establishment may permit or cause in any way the viewing of nude entertainment from outside the structure in which it is enclosed. No Nude Entertainment Establishment may permit or offer "curb service" nude entertainment in any way.
  4. No one under 18 years of age shall be admitted to or be present in any Nude Entertainment Establishment from the hours of 7:00 a.m. to 12:00 p.m. (midnight) on any day. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises. Notice of this minimum age limitation shall be posted prominently outside all entrances to any Nude Entertainment Establishment.
  5. No Nude Entertainment Establishment shall be operated or maintained within 1,000 feet of any residentially zoned or used property, measured from the closest property line of such residential property t the property line of the Nude Entertainment Establishment. For purposes of this Part 5, "residentially zoned" shall refer to property zoned and classified by the Official Zoning Map of Larimer County and the Comprehensive Zoning Resolution as any of the following districts: E, E-1, R, R-1, R-2, FA, FA-1, M-1, RE, O.
  6. No Nude Entertainment Establishment shall be operated or maintained within 1,000 feet of any school or church property, measured from the closest property line of such school or church property to the property line of the Nude Entertainment Establishment.
  7. Each day of operation in violation of any provisions of this ordinance shall constitute a separate offense.
  8. Any person who violates any provision of these regulations commits a class 2 petty offense and upon conviction thereof, shall be punishable by a fine of $300 for each separate violation.
  9. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this ordinance.
  10. Any Nude Entertainment Establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations "repeated violations" shall mean three or more violations of any provision hereof within a one (1) year period dating from the time of any violation, and a "continuing violation" shall mean a violation of any provision hereof lasting for three or more consecutive days.
  11. The District Attorney, acting pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for Larimer County for an injunction against the operation of any Nude Entertainment Establishment which, pursuant to Part 10 hereof, constitutes a public nuisance.
  12. This ordinance shall become effective thirty days after its publication in a newspaper of general circulation in Larimer County, pursuant to Section 30-15-405, C.R.S.
  13. If any provision of this ordinance is held invalid or unconstitutional by a competent jurisdiction, such decision shall not invalidate this ordinance in its entirety, and to this end the provisions of this ordinance are declared to be severable.
  14. Any Nude Entertainment Establishment in existence before the effective date of this ordinance shall comply with every provision of this ordinance as of its effective date and thereafter, except for Parts 5 and 6 (existing locations "grandfathered"); if, however, any such "grandfathered" establishment ceases operation for 90 continuous days at any time after the effective date hereof, then such establishment shall comply with Parts 5 and 6 of this ordinance thereafter. The term "in existence" as used in the first sentence of this Part 14 shall mean actually operating and open for business, or having received site specific zoning approval from Larimer County for the establishment and having taken significant steps on a continuous basis to open for business (as shown, by way of illustration and not limitation, by making significant financial investment in the business and making substantial improvements to land or buildings for use by the business).

ADOPTED this 2nd day of August, 1989.

BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO


Daryle W. Klassen
Commissioner Chairman


STATE OF COLORADO
COUNTY OF LARIMER COUNTY

At a regular public meeting of the Board of County Commissioners for Larimer County, Colorado, held in the County Board Conference Room, Larimer County Courthouse, 200 West Oak Street, Fort Collins, Colorado on Wednesday, the 2nd day of August, 1989, there were present:

Daryl W. Klassen, Commissioner Chairman

Courtlyn W. Hotchkiss, Commissioner

M. J. "Moe" Mekelburg, Commissioner

Rick Zier, Assistant County Attorney

Myrna Rodenberger, Clerk and Recorder

When the following proceedings, among others were held and done, to wit:

Commissioner Mekelburg moved the adoption of the foregoing Nude Entertainment Ordinance. The question was called and Commissioners Klassen, Hotchkiss and Mekelburg each voted "Aye". The said Ordinance was duly adopted, the Chairman authorized to sign the same, and the Clerk and Recorder requested to make appropriate attestation and certification under the law and to ensure publication in full of the said Ordinance in one newspaper of general circulation published in Larimer County.



ATTESTATION AND CERTIFICATE OF COUNTY CLERK AND RECORDER
Ordinance No. 1989 - 2

I, Myrna Rodenberger, Larimer County Clerk and Recorder, hereby attest the foregoing Nude Entertainment Ordinance and the signature of the Chairman of the Board of County Commissioners thereon. I do hereby certify that the said Ordinance, as originally proposed, was previously introduced and read at a preceding regular or special meeting of the Board of County Commissioners on July 5, 1989 and published once in full in each of the following three newspapers of general circulation published in Larimer County: Fort Collins Coloradoan, date of publication July 9, 1989; Loveland Reporter Herald, date of publication July 12, 1989; Estes Park Trail Gazzette, date of publication July 12, 1989. I do hereby further certify that I will ensure that the foregoing Ordinance as adopted will be published once in full in the for Fort Collins Coloradoan (and, in accordance with Part 12 of the foregoing Ordinance and Section 30-15-405, C.R.S., the foregoing Ordinance as adopted shall take effect thirty days after such publication).


Myrna Rodenberger
Larimer County Clerk and Recorder