Ordinance 1999-1298 - Laserfiche WebLink

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WHEREAS, the City Council finds that locational criteria alone do not adequately protect the public health, safety and welfare, and that licensing and other requirements regarding sexually oriented businesses are in the public interest; and WHEREAS, the City Council finds that the licensing fees required herein are reasonably designed to defray the overall costs incurred by the City in regulating sexually oriented businesses; and WHEREAS, it is not the intent of this ordinance to suppress any speech activity protected by the First Amendment or the Colorado Constitution, but instead to enact a content neutral ordinance that addresses and mitigates the adverse secondary effects of sexually oriented businesses while allowing such businesses reasonable opportunities to operate Within the City; and WHEREAS, it is not the intent of this ordinance to condone or legitimize the distribution of obscene material, and the City Council expects and encourages that state and local laws concerning obscenity be enforced to their full extent; and WHEREAS, City Council has provided notice of a public hearing on this ordinance by publication as provided by law and held a public hearing as provided in said notice; and WHEREAS, the Louisville Planning Commission, after notice and hearing, has recommended the City Council's approval of amendments to the zoning ordinance of the City as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the City Council. Section 2. Chapter 17.08 of the Louisville Municipal Code, entitled "Definitions" is hereby amended by the addition of the following definitions to be inserted alphabetically into said section: Adult arcade. Adult arcade means any commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, videocassette players or similar machines, or other image-producing machines, for viewing by five or fewer persons each at any viewing, are used to show films, motion pictures, videocassettes, slides, or other photographic, digital or electronic reproductions which are characterized by the depiction, simulation or description of specified sexual activities or specified anatomical areas.