CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 54
SEXUALLY ORIENTED BUSINESSES

Section 11-54-1. Definitions.

(a)

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(b)

Adult bookstore, adult novelty store, or adult video store means:

(1)

A commercial establishment which (i) devotes more than 50 percent of its interior floor space to the sale, rental, or viewing (in exchange for any thing of value) of books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" or (ii) displays on site any message or communication visible from any public street right-of-way or any other property which advertises the availability on site of merchandise characterized by the depiction or description of "specified sexual activities" or "specified anatomical area."

(2)

An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store, so long as the provisions of Subsection (b)(1) are otherwise met.

(c)

Adult cabaret means a nightclub, bar, or similar commercial establishment which features: (a) persons who appear nude or in a state of nudity or semi-nudity; (b) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(d)

Adult motel means a motel, hotel, or similar commercial establishment which: (i) offers public accommodations for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which 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 (ii) offers a sleeping room for rent for a period of time less than ten (10) hours; or (iii) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten (10) hours.

(e)

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions rated "X" or "XXX" by the Motion Picture Association of America, or advertised on or off premises as rated "X" or "XXX" or "Adult," are regularly shown in exchange of any thing of value.

(f)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical area" or by "specified sexual activities."

(g)

Lawful age as used in Article 54 of Chapter 11, and Article 12 of Chapter 18, shall mean any person who has attained the age of eighteen (18) years for purposes of patronage or employment at a sexually oriented business. Except, however, the lawful age for patronage or employment at a sexually oriented business which offers live entertainment shall be at least twenty-one (21) years of age.

(h)

Nudity or state of nudity means: (a) the appearance of human anus, male or female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human anus, male or female genitals, pubic region or areola or nipple of the female breast.

(i)

Nude model studio means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.

(j)

Peep booth means any enclosed or semi-enclosed space within the premises of a "sexually oriented business" wherein a film, video cassette or other video reproduction is shown, or wherein live nude models appear in any state of nudity or display any "specified anatomical areas" or simulate any "specified sexual activities."

(k)

Private room means a room in an adult motel that has a bed and bath in the room or adjacent room, and is used primarily for lodging.

(l)

Sexual encounter establishment means a business or commercial establishment, that as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

(m)

Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment, or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(n)

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(o)

Specified anatomical areas, as used herein means and includes any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(p)

Specified sexual activities, means and includes any of the following:

(1)

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(5)

Excretory functions as part of or in connection with any of the activities set forth in Subdivisions (1) through (4) of this Subsection (n).

Section 11-54-2. Unlawful Operation of a Sexually Oriented Business.

(a)

A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside the C-4, C-5, I-1 and I-2 Zone Districts.

(b)

It shall be unlawful for any person to operate or causes to be operated a sexually oriented business within 800 feet of:

(1)

Any church;

(2)

Any school meeting all requirements of the compulsory education laws of the state;

(3)

The boundary of any residential district;

(4)

A dwelling unit (single or multiple); or

(5)

A public park adjacent to any residential district.

(c)

It shall be unlawful for any person to operate or cause to be operated a sexually oriented business within 800 feet of another sexually oriented business.

(d)

It shall be unlawful for any person to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof.

Section 11-54-3. Location of Sexually Oriented Business.

(a)

For purposes of this Article, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

(b)

For purposes of this Article 54, the distance between any sexually oriented business and any church, school, public park, dwelling unit (single or multiple) or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the building where the sexually oriented business is conducted, to the closest exterior structural wall of a church, school, or dwelling unit (single or multiple), or the nearest boundary of an affected public park, or residential district.

(c)

If two (2) or more sexually oriented businesses are within 800 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location will be deemed to be in compliance with this Article and the later established business(es) will be deemed to be in violation of this Article.

(d)

A sexually oriented business lawfully operating is not rendered in violation of this Article by the subsequent location of a church, school, dwelling unit (single or multiple), public park, or residential district, within 800 feet of the sexually oriented business.

Section 11-54-4. Operations Pre-Existing to This Article. Any sexually oriented business lawfully operating on the effective date of this Ordinance that is in violation of this Article shall be deemed a nonconforming use as provided for in Section 11-36-1 (Nonconforming Uses and Structures) of the Zoning Ordinance.

Section 11-54-5. Nude Model Exceptions. The provisions of this Article regulating nude model studios do not apply to:

(a)

A college, junior college, or university supported entirely or partly by taxation; or

(b)

A private college or university which maintains and operates, educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(c)

A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than three nude models are on the premises at any one time.

[Source: Ord. 1123, 1995]