9-8-6: LICENSE APPLICATION:
A. All applicants for an adult business license shall file an application for such license with the town clerk on forms to be provided by the town clerk. Each: 1) individual applicant, 2) general partner of a partnership, 3) manager or, if none, member of a limited liability entity, 4) officer or director of a corporate applicant, and 5) all managers of the proposed adult business, shall be named in each application form, and each of them shall be photographed and fingerprinted by the Police Department.
B. The completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is twenty one (21) years of age and date of birth;
b. A partnership, the partnership shall state its complete name, and the names of all general partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A corporation, or limited liability entity, the corporation or limited liability entity shall state its complete name, the date of its incorporation or organization, evidence that the corporation or limited liability entity is in good standing under the Statutes of the State, or in the case of a foreign corporation or limited liability entity, evidence that it is currently authorized to do business in the State, the names and capacity of all officers and directors of a corporate applicant, or all managers or, if none, members of a limited liability applicant, of the registered agent and the address of the registered office for service of process.
2. Whether the applicant or any other individual listed pursuant to subsection A of this section has had a previous adult business license under this chapter or from another municipality or county that was denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection A of this section has been a general partner in a partnership, a member or manager of a limited liability entity, or an officer or director of a corporation that is permitted under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.
3. Whether the applicant or any other individual listed pursuant to subsection A of this section holds any other license under this chapter or holds a license issued under an adult business ordinance or regulation from another municipality or county and, if so, the names and locations of such other permitted businesses.
4. Whether the applicant or any other individual listed pursuant to subsection A of this section has been convicted of or pleaded nolo contendere to any crime involving pandering, prostitution, obscenity, or any crime, that is connected with operating another sexually oriented business, in any jurisdiction, within five (5) years from the date of conviction to the date of the application; and, if so, the crime involved, the date of conviction, and the place of conviction.
5. The location of the proposed adult business, including a legal description of the property, street address, and telephone and fax numbers if any.
6. Proof of the applicant's ownership or other right to possession of the premises wherein the adult business is proposed to be conducted.
7. The applicant's mailing address and residential address.
8. The applicant's driver's license number, social security number, and the applicant's Federally issued tax identification number, if any.
9. A floor plan of the licensed premises which specifies the location and dimensions of the manager's station(s) and demonstrates that there is an unobstructed view from at least one of the manager's station(s) of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The floor plan need not be professionally prepared but must 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 inches (±6"). The diagram shall designate the place at which the license will be conspicuously posted and the location of any stage. A floor plan is not required of a licensed premises of an adult motel.
10. A current certificate of occupancy for the premises proposed to be licensed. (Ord. 30, Series 1996)
11. A straight line drawing prepared, within thirty (30) days prior to the application, by a licensed land surveyor in Colorado depicting the property lines and the structures containing any adult business or massage parlor within seven hundred fifty feet (750') of the closest exterior wall of the structure in which the applicant business will be located, and also depicting: a) the property line of any church, childcare facility or public park, located within seven hundred fifty feet (750') from the closest exterior wall of the structure in which the applicant's business will be located, and b) the property line of any school located within one thousand six hundred feet (1,600') from the closest exterior wall of the structure in which the applicant's business will be located. (Ord. 23, Series 2000)
12. Evidence from the community development department that the proposed location of such business complies with the locational requirements of section 9-8-4 of this chapter.
C. If the applicant is an individual, he or she must sign the application for a license. If the applicant is a general partnership, all partners must sign the application. If the applicant is a limited partnership, all general partners must sign the application. If the applicant is a corporation, the president or vice president must sign the application. If the applicant is a limited liability company, all managers or, if none, all members must sign the application.
D. In the event that the town clerk determines that the applicant has improperly completed the application, the applicant shall be promptly notified of such fact and allowed ten (10) days to properly 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. For the purposes of this chapter, the date the town clerk accepts an application which is complete in every detail, and for which the application investigation required by section 9-8-8 of this chapter has been completed, shall be the date the application is considered filed with the town clerk.
E. An applicant for a license under this chapter shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the town clerk, shall be grounds for denial of an adult license (if such license has not been issued) or suspension or revocation of an adult license. (Ord. 30, Series 1996)