TC Ord. No. 1996-10 Placing Restrictions on MJDE EntertainmentORDINANCE NO. 96 - 10
AN ORDINANCE PLACING RESTRICTIONS
ON MJDE ENTERTAINMENT AND PROVIDING
PENALTIES-FOR THE VIOLATION HEREOF.
WHEREAS, there are an increasing number of
establishments on the Western Slope of Colorado in which persons
appear in a state of nudity for the purpose of entertaining the
patrons of such establishments; and
WHEREAS, such establishments do not hold liquor
licenses and consequently are not subject to the regulations
imposed on nude entertainment by the liquor code; and
WHEREAS, such establishments adversely impact the
residential neighborhoods in which they are located; and
WHEREAS, such adverse impacts include 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, it is the intent of the Town council to serve
a substantial governmental interest by attempting to preserve the
quality and vitality of residential neighborhoods in the Town of
Avon; and
WHEREAS, alternative avenues of communication are not
unreasonably limited for "speech" of this nature;
THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Amendment. The Municipal Code of the
Town of Avon is amended by the addition of a Chapter 8.26 as
follows:
1. Applicability. These regulations shall apply to
any establishment open to the public in which persons
appear in a state of nudity for the purpose of
entertaining the patrons of such establishments,
hereinafter referred to as "Nude Entertainment
Establishments." However, these regulations shall not
apply to any liquor licensed establishments offering
nude entertainment as such establishments are already
subject to regulation under the Colorado Liquor code
and Town Ordinances.
2. Definition. 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 of either sex.
3. Minimum Age. one under 21 years of age shall
be admitted to any Nude Entertainment'Establishment.
This minimum age limitation also applies to any
employees, agents, servants or independent contractors
working on the premises during hours when nude
entertainment is being presented.
4. Hours. Nude entertainment shall only be available
at Nude Entertainment Establishments from the hours of
4 :00 p.m. to 12:00 midnight, Monday through Saturday of
each wee]
5. Location-Special Review Use. (a) No Nude
Entertainment Establishment shall be operated or
maintained within 200 feet of any residentially zoned
or used property, measured from the closest property
line of such residential property to the property line
of the property on which the Nude Entertainment
Establishment is located.
(b) No Nude Entertainment Establishment shall be
operated or maintained within 500 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 property on which the Nude Entertainment
Establishment is located.
(c) No Nude Entertainment Establishment shall be
operated or maintained except as a special review use
and after compliance with Chapter 17.48, Municipal Code
of the Town of Avon.
6. Violation. It is unlawful for any person, firm or
.corporation to operate or to permit to be operated, a
Nude Entertainment Establishment in violation of the
provisions of this Chapter.
7. Each Day of operation a Separate Offense. Each
day of operation in violation of any provision of this
Chapter shall constitute a separate offense.
8. Public Nuisance. 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 violation's " shall mean three or more
violations of any provision set out herein within a one
(1) year period dating from the time of any violation,
and a "continuing violation" shall mean a violation of
any provision set out herein lasting for three or more
consecutive days.
Section 2.. - Severability. if any part, section,
sentence, clause or phrase of this Ordinance is for any reason
held to
sentence-,
such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council
for the Town of Avon hereby declares it would have passed this
Ordinance and each part, section, sub - section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
parts, sections, sub - sections, sentences, clauses or phrases be
declared invalid.
Section 3. Penalty. It is unlawful for any person
to violate any provision of, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions of this Ordinance shall be punished by a fine of not
more than one thousand dollars or by imprisonment for a period of
not more than one hundred eighty days or by both such fine and
imprisonment; provided, no person under the age of eighteen years
shall be punished by imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 28th day of May, 1996 and a public hearing on this Ordinance
shall be held at the regular meeting of the flown Council of the -
Town of Avon, Colorado on the 11th day of?.7une, 1996 at 5:30 P.M.
in the Municipal Building of the- 't00ovc; „doloradq,l�f
Mayor
Attes
Patty NeyhArt,"CMC, Town Clerk
Albert J. Reynolds
INTRODUCED,
PASSED ON SECOND READING, APPROVED AND ORDERED PnR rn
1�iP ROVED AS TO FORM:
o " Attorney
STATE OF COLOR.'UDO
COUNTY OF EAGLE SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH
DAY OF JUNE, !996, AT THE TOWN MUN I C I PAL BUILDING FOR TEE
PURPOSE OF CONSIDIERING THE ADOPTION OF ORDINANCE NO. 96 -10
SERIES OF 1996:
AN ORDINANCE PLACING RESTRICTIONS ON NUDE ENTERTAINMENT
AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 29th day of May, 1996.
T
Y: AVON, COLORADO
B
Patty Neylkart, CMC
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 29, 1996;
EAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY;
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY