It is the purpose and object of this section to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined herein, and the consequent secondary effects created by the concentration of adult entertainment businesses within the town, and to promote the health, safety, morals, and general welfare of the citizens of the town. It is neither the intention of the board nor the effect of the provisions of this section to limit or restrict the content of any communicative materials, including sexually oriented materials. Neither is it the intent of the board nor the effect of these provisions to limit any adults access to sexually oriented materials nor to prevent any distributor or exhibitor of sexually oriented materials from distributing such materials to consenting adults. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material. (Ord. 25-03 § 1 (part))

Certain words and phrases used in Chapter 5.28 et seq. shall have the meanings ascribed to them in Section 17.74.020. (Ord. 25-03 § 1 (part))

A. No adult entertainment business license shall be issued for any adult entertainment business located within five hundred feet of a religious institution, existing dwelling, school, state-licensed day care facility, public library, or public park, within one thousand feet of another adult entertainment business within the town, or within two hundred feet of any arterial or interstate highway.
B. No person shall operate an adult entertainment business without first having obtained a valid type A or type B adult entertainment business license issued by the town.
1. A type A adult entertainment business license shall be required for all adult entertainment businesses where alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code, and/or fermented malt beverages, as defined by the Colorado Beer Code, are allowed pursuant to a valid license issued under Section 12-47-301 et seq. of the Colorado Revised Statutes.
2. A type B adult entertainment business license shall be required for all adult entertainment businesses where alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code, and/or fermented malt beverages, as defined by the Colorado Beer Code, are not allowed.
C. It shall be unlawful for an individual or entity to operate or cause to be operated an adult entertainment business when said person or entity knows or reasonably should know that:
1. The business does not have an adult entertainment business license; or
2. The business has an adult entertainment business license that is under suspension; or
3. The business has an adult entertainment business license that has been revoked; or
4. The business has an adult entertainment business license that has expired; or
5. The business operates under a type B adult entertainment business license and allows alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code, and/or fermented malt beverages, as defined by the Colorado Beer Code, on the premises; or .
6. The business is in violation of any applicable provision of Section 17.74 et seq. of this code. (Ord. 25-03 § 1 (part))

A. The annual fee for an adult entertainment business license is two hundred twenty-five dollars.
B. The annual managers license fee is seventy-five dollars.
C. An applicant for either a type A or type B adult entertainment business license shall pay a nonrefundable application fee of five hundred twenty-five dollars at the time of filing an application. (Ord. 25-03 § 1 (part))

A. The licensing officer is responsible for granting, denying, revoking. renewing, and suspending adult entertainment business licenses for proposed or existing adult entertainment businesses.
B. The director of the community development department or his or her designee is responsible for ascertaining whether a proposed adult entertainment business for which an adult entertainment business license application has been submitted complies with all location requirements of Chapter 17.74 et seq.
C. The police chief or his or her designee is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time periods set forth in Section 5.28.080(C)(1)(i).
D. The building official or his or her designee is responsible for inspecting a proposed adult entertainment business in order to ascertain whether it is in compliance with applicable building codes and ordinances.
E. Any person desiring to operate an adult entertainment business shall file with the licensing officer an original and two copies of a sworn adult entertainment business license application on the standard application form supplied by the licensing officer.
F. The completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is 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 years of age or older in the case of a type A adult entertainment business license or eighteen years of age or older in the case of a type B adult entertainment business license.
2. If the applicant is a legal entity, the application shall state its complete name, the date and place of its organization, evidence that it is in good standing under the laws of the state in which it is organized and, if it is organized under the laws of a state other than Colorado, that it is registered to do business in Colorado, the full legal names, dates of birth and capacity of all officers, directors, managers, and principal owners, and the name of the registered agent and the address of the registered agent for service of process, if any.
3. If the applicant intents to operate the adult entertainment business under a name other than that of the applicant, the adult entertainment business’ fictitious name must be stated.
4. Whether the applicant or any of the other individuals listed pursuant to subsections (F)(1) or (2) of this section has been convicted of a specified criminal act within the times set forth in Section 5.28.080(C)(1)(i) and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
5. Whether the applicant or any of the other individuals listed pursuant to subsections (F)(1) or (2) of this section has had a previous license under this or any other adult entertainment business ordinance from another city, town or county denied, suspended, or revoked and, if so, the name of the city, town or county where the license was previously denied, suspended, or revoked, and the name and location of the adult entertainment business for which the license was denied, suspended or revoked, as well as the date of the denial; suspension or revocation.
6. Whether the applicant or any other individuals listed pursuant to subsections (F)(1) or (2) of this section has been a partner in a partnership or a principal owner of a corporation or other legal entity whose license has previously been denied, suspended, or revoked and, if so, the name of the city, town or county where the license was previously denied, suspended or revoked, and the name and location of the adult entertainment business for which the license was denied, suspended or revoked, as well as the date of denial, suspension, or revocation.
7. Whether the applicant or any other individual listed pursuant to subsections (F)(1) or (2) of this section holds any other licenses under this code section or any other adult entertainment business ordinance from another city, town or county and, if so, the name of such city, town or county, and names and locations of such other licensed businesses.
8. The location of the proposed adult entertainment business, including a description of the property, street address, and telephone number(s).
9. Proof of the applicant’s right to possession of the premises wherein the adult entertainment business will be conducted.
10. The applicant’s mailing address and residential address.
11. A sketch or diagram showing the configuration of the premises including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be oriented to the north or to some designated street or object and shall be drawn to scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The licensing officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. If the adult entertainment business has or will have a peep booth or booths subject to the provisions of Section 17.74.120, the sketch shall show the locations and dimensions of any managers stations and demonstrate that there is an unobstructed view from at least one of the managers stations of every area of the premises to which any patron is permitted access, 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.
12. A current certificate and straight-line drawing prepared within thirty days prior to an initial application by a Colorado registered land surveyor depicting: (i) the property lines and the structures of the property to be certified; and (ii) the location of the property lines of any church, school, state-licensed day care facility, public library, or public park within five hundred feet of the property to be certified; (iii) the location of the property lines and structures on the property of any other adult entertainment business within one thousand feet of the property to be certified; and (iv) the location of any arterial or interstate highway within two hundred feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence or pending at the time an application is submitted.
13. If a person who wishes to operate an adult entertainment business is an individual, he or she must sign the application for an adult entertainment business license as applicant If a person who wishes to operate an adult entertainment business is other than an individual, each principal owner of the applicant must sign the application for an adult entertainment business license as applicant.
G. In the event that the licensing officer determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment business, he or she shall promptly notify the applicant of such fact and allow the applicant ten business days property to complete the application. The time period for granting or denying an adult entertainment business license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
H. The fact that a person possesses or is required to possess other types of state or town licenses does not exempt him or her from the requirement of obtaining an adult entertainment business license. (Ord. 25-03 § 1 (part))

A. Applicants for an adult entertainment business license under Section 5.28.050 shall have a continuing duty to promptly supplement any application information required by that section in the event that said information changes in any way from what is stated on the application.
B. The failure to comply with said continuing duty to supplement an application within thirty days from the date of such change shall be grounds for suspension of an adult entertainment business license. (Ord. 25-03 § 1 (part))

A. Upon receipt of an application for an adult entertainment business license properly filed with the licensing officer and upon payment of the nonrefundable application fee, the licensing officer shall immediately stamp the application as received and send copies of the application to the director of the community development department, the building official and the police chief. The director of the community development department, the building official and the police chief, or their respective designees, shall properly conduct an investigation of the applicant, application, and the proposed adult entertainment business in accordance with his or her responsibilities under Section 5.28.080. Investigations shall be completed within thirty days of receipt of the application by the licensing officer. At the conclusion of their investigations, the director of the community development department and the building official shall indicate on the copy of the application his or her approval or disapproval of the application, date it, sign it, and, in the event of disapproval, state the reasons therefor. The police chief shall only be required to provide the information specified in Section 5.28.080(C)(1)(i) and shall not be required to approve or disapprove applications.
B. The director of the community development department and the building official may disapprove an application if he or she finds that the proposed adult entertainment business will be or is in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the town. After their investigations and review, the director of the community development department, the building official and the police chief shall immediately return the copy of the application to the licensing officer. The licensing officer shall not issue an adult entertainment business license unless signed copies of the application for the same have been delivered to said officer by the director of the community development department and the building official and unless the police chief has supplied said officer with the information specified in Section 5.28.080(C)(1)(i). (Ord. 25-03 § 1 (part))

A. The licensing officer shall grant or deny an application for an adult entertainment business license within thirty days from the date of its proper filing. Upon the expiration of the thirty days, the applicant shall be licensed to begin operating the business for which the adult entertainment business license is sought, unless and until the licensing officer notifies the applicant, by first class mail to the address on the application, of a denial of the application and states the reason(s) for that denial.
B. Grant of application for adult entertainment business license.
1. The licensing officer shall grant the adult entertainment business license unless one or more of the criteria set forth in subsection C of this section is present.
2. The adult entertainment business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment business. The adult entertainment business license shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read at any time.
C. Denial of application for adult entertainment business license.
1. The licensing officer shall deny the application for any of the following reasons:
a. An applicant is under twenty-one years of age in the case of an application for a type A adult entertainment business license or under eighteen years of age in the case of an application for a type B adult entertainment business license.
b. An applicant is overdue on his or her payment to the town of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to an adult entertainment business.
c. An applicant has failed to provide information required by this code for the issuance of an adult entertainment business license or has falsely answered a question or request for information on the application form and has refused to provide corrected information.
d. The premises to be used for the adult entertainment business have been disapproved by an inspecting agency pursuant to the provisions of Section 5.28.220.
e. The application or adult entertainment business license fees have not been paid.
f. An applicant for the proposed business is in violation of or is not in compliance with any of the provisions of this code section or Section 17.74 et seq.
g. The granting of the application would violate a statute, ordinance, or court order.
h. The applicant has or had an adult entertainment business license under this code section, or under the regulatory provisions of another jurisdiction, that was suspended or revoked within the previous twelve months. In the case of a denial of an application due to the suspension or revocation of the applicant’s license in another jurisdiction, the applicant shall be entitled to a hearing before the town administrator. After the hearing, the town administrator may grant the application without regard to the suspension or revocation of the applicant’s license in another jurisdiction if he or she finds that the grounds for suspension or revocation in that jurisdiction would not be grounds for suspension or revocation of a license pursuant to this code section.
i. An applicant has been convicted of a specified criminal act or acts for which:
i. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense;
ii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; or
iii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors.
iv. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act or acts may qualify for an adult entertainment business license only when the time period required above has elapsed.
v. If the licensing officer denies the application, he or she shall notify the applicant, by first class mail to the address on the application, of the denial and state the reason(s) for the denial. A copy of such denial shall be forwarded to the town attorney. (Ord. 25-03 § 1 (part))

A. Each adult entertainment business license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 5.28.050 of this code, including but not limited to a review of whether the applicant has been convicted of a specified criminal act or acts (for renewals, filing of the original survey shall be sufficient). Application for renewal of an adult entertainment business license shall be made at least thirty days before the expiration date of the adult entertainment business license.
B. If, subsequent to denial of renewal, the licensing officer finds that the basis for denial of the renewal of the adult entertainment business license has been corrected, the applicant shall be granted an adult entertainment business license if no more than ninety days have elapsed since the date denial became final. (Ord. 25-03 § 1 (part))

A. The licensing officer may suspend an adult entertainment business license for a period not to exceed one hundred fifty days, unless the period is extended by operation of subsection B of this section, if he or she determines that a licensee or an employee of a licensee has:
1. Violated or is not in compliance with any provision of Chapter 5.28 et seq. or Chapter 17.74 et seq.; or
2. Refused to allow an inspection of the adult entertainment business premises as authorized by Section 5.28.220; or
3. Knowingly allowed repeated disturbances of the public peace to occur within the licensed establishment or upon the premises of the licensed establishment involving patrons, employees, or the licensee; or
4. Operated the adult entertainment business in violation of a building, fire, health, or zoning code, ordinance, or regulation, whether federal, state, or local, said determination being based on investigation by the department, division, or agency charged with enforcing said rules or laws. In the event of such a statute, code ordinance, or regulation violation, the licensing officer shall promptly notify the licensee of the violation and shall allow the licensee a twenty-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the twenty-day period, the licensing officer shall forthwith suspend the adult entertainment business license and shall notify the licensee of the suspension; or
5. Operated the adult entertainment business in violation of the hours of operation provisions in Section 17.74.060; or
6. Transferred an adult entertainment business license contrary to Section 5.28.130. In the event of such suspension, the licensing officer shall forthwith notify the original licensee and the transferee of the suspension. The suspension shall remain in effect until the applicable provisions of Section 5.28.130 have been satisfied.
B. The suspension shall remain in effect until and including the last day in the licensing officers order and until the violation of the statute, code, ordinance, or regulation in question has been corrected. (Ord. 25-03 § 1 (part))

A. The licensing officer shall revoke an adult entertainment business license upon determining that:
1. A cause of suspension in Section 5.28.100 of this code occurred and the adult entertainment business license has been suspended within the preceding twelve months; or
2. A licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining an adult entertainment business license; or
3. A licensee, operator, manager, or employee has knowingly allowed possession, use, or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) on the premises; or
4. A licensee, operator, manager, or employee has knowingly allowed acts of prostitution or negotiations for acts of prostitution on the premises; or
5. A licensee, operator, manager, or employee knowingly operated the adult entertainment business during a period of time when the licensee’s adult entertainment business license was suspended; or
6. A licensee has been convicted of a specified criminal act for which the time period set forth in Section 5.28.080(C)(1)(i) has not elapsed; or
7. On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult entertainment business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the adult entertainment business license; or
8. A licensee is delinquent in payment to the town or state for any taxes or fees; or
9. A licensee, operator, manager, or employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises.
B. When the licensing officer revokes an adult entertainment business license, the revocation shall continue for one year and the licensee shall not be issued an adult entertainment business license for one year from the date revocation became effective. (Ord. 25-03 § 1 (part))

A. A licensee shall be entitled to a hearing before the town administrator if the town seeks to suspend or revoke his or her adult entertainment business license based on a violation of Chapter 5.28 et seq., or any provision of Chapter 17.74 et seq. The business may continue to operate during the hearing process.
B. When there is probable cause to believe that a cause for suspension or revocation exists, the town attorney may file a written complaint with the licensing officer setting forth the circumstances of the alleged violation.
C. The licensing officer shall provide a copy of the complaint to the licensee, together with notice to appear before the town administrator for the purpose of a hearing on a specified date to show cause why the license’s adult entertainment business license should not be suspended or revoked.
D. At the hearing, the town administrator shall hear such statements and consider such evidence as the police department or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer that is relevant to the violation alleged in the complaint. The town administrator shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the town administrator determines that a cause for suspension or revocation exists, he or she shall issue an order suspending or revoking the adult entertainment business license within thirty days after the hearing is concluded based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license.
E. The order of the town administrator made pursuant to subsection D of this section above shall be a final decision and may be appealed to the district court pursuant to Colorado Rule of Civil Procedure 106(a)(4). Failure of a licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of the adult entertainment business license.
F. The town administrator shall have the power to administer oaths, issue subpoenas, and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing that the town administrator conducts. It is unlawful for any person to fail to comply with any subpoena issued by the town administrator. A subpoena shall be served in the same manner as a subpoena issued by the district court of the state of Colorado.
G. All hearings held before the town administrator regarding suspension or revocation of an adult entertainment business license issued under this ordinance shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the town administrator and shall pay all costs of preparing such record.
H. In the event of suspension, revocation, or cessation of business, no portion of the adult entertainment business license fee shall be refunded.

A. A licensee shall not operate an adult entertainment business under the authority of an adult entertainment business license at any place other than the address designated in the application for an adult entertainment business license.
B. A licensee shall not transfer his or her adult entertainment business license to another person unless and until such other person satisfies the following requirements:
1. Obtains an amendment to the adult entertainment business license from the licensing officer that provides that he or she is now the licensee, which amendment may be obtained only if he or she has completed and properly filed an application with the licensing officer setting forth the information called for under Section 5.28.050 in the application; and
2. Pays a transfer fee of twenty percent of the annual adult entertainment business license fee.
C. No adult entertainment business license may be transferred when the licensing officer has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.
D. Any attempt to transfer an adult entertainment business license either directly or indirectly in violation of this section is hereby declared void. (Ord. 25-03 § 1 (part))

A. A manager or designee shall be on the premises of an adult entertainment business at all times during operation. It shall be unlawful for any person to work as a manager of an adult entertainment business without first obtaining a manager’s license for such premises.
B. In the event a manager ceases to be employed at the premises listed in his or her application, the manager shall immediately report such change to the licensing officer but in no event shall such change be reported later than ten days after cessation of employment.
C. Provided a manager has complied with the requirements of subsection B of this section, his or her license shall remain in inactive status until it expires or is reactivated. A manager who is re-employed at the premises listed in the manager’s license may reactivate his or her license provided the licensing officer determines he or she still meets the requirements of Section 5.28.150. (Ord. 25-03 § 1 (part))

A. A manager shall submit an application for a managers license for each adult entertainment business the manager proposes to manage on a form to be provided by the licensing officer. The application shall contain the applicant’s name, address, date of birth, telephone number, the name and address of the adult entertainment business that the manager proposes to manage and the information required in Section 5.28.050(F)(4).
B. The police department shall conduct an investigation of the applicant to determine whether the applicant has been convicted of a specified criminal act within the times set forth in Section 5.28.080(C)(1)(i).
C. The licensing officer shall grant the application within thirty days of its filing unless:
1. The applicant is under the age of twenty-one in the case of a type A adult entertainment business license or under the age of eighteen in the case of a type B adult entertainment business license;
2. The applicant has failed to provide the information required by this section;
3. The license fee has not been paid;
4. The applicant has been convicted of a specified criminal act within the times set forth in Section 5.28.080(C)(1)(i). (Ord. 25-03 § 1 (part))

A. Each managers license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 5.28.150, including but not limited to a review of whether the applicant has been convicted of a specified criminal act or acts. Application for renewal of a managers license shall be made at least thirty days before the expiration date of the managers license.
B. If, subsequent to denial of renewal, the licensing officer finds that the basis for denial of the renewal of the managers license has been corrected, the applicant shall be granted a mangers license if not more than ninety days have elapsed since the date denial became final. (Ord. 25-03 § 1 (part))

A. The licensing officer may suspend a managers license for a period not to exceed ninety days, unless the period is extended by operation of subsection B of this section, if he or she determines that the manager has:
1. Violated or is not in compliance with any provision of Chapter 5.28 et seq. or any provision of Chapter 17.74 et seq.; or
2. Refused to allow an inspection of the adult entertainment business premises as authorized by this Section 5.28.220; or
3. Knowingly allowed repeated disturbances of the public peace to occur within the licensed establishment or upon the premises of the licensed establishment involving patrons, employees, or the licensee; or
4. Operated the adult entertainment business in violation of the hours of operation provisions in Section 17.74.060.
B. The suspension shall remain in effect until and including the last day in the licensing officers order and until the violation of the statute, code, ordinance, or regulation in question has been corrected. (Ord. 25-03 § 1 (part))

A. The licensing officer shall revoke a manager’s license upon determining that:
1. A cause of suspension in Section 5.28.170 occurred and the managers license has been suspended within the preceding twelve months; or
2. The manager gave false or misleading information In the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a managers license; or
3. The manager knowingly allowed possession, use, or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) on the premises; or
4. The manager knowingly allowed acts of prostitution or negotiations for acts of prostitution on the premises; or
5. The manager knowingly operated the adult entertainment business during a period of time when the adult entertainment business license was suspended; or
6. The manager has been convicted of a specified criminal act for which the time period set forth in Section 5.28.080(C)(1)(i) has not elapsed; or
7. The manager has knowingly allowed any specified sexual activity to occur in or on the licensed premises.
B. When the licensing officer revokes a managers license, the revocation shall continue for one year and the licensee shall not be issued a manager’s license for one year from the date revocation became effective. (Ord. 25-03 § 1 (part))

A. A manager shall be entitled to a hearing before the town administrator if the town seeks to suspend or revoke the manager’s license based on a violation of Chapter 5.28 et seq. or any provision of Chapter 17.74 et seq. The manager may continue to manage an adult entertainment business during the hearing process.
B. When there is probable cause to believe that a cause for suspension or revocation exists, the town attorney may file a written complaint with the licensing officer setting forth the circumstances of the alleged violation.
C. The licensing officer shall provide a copy of the complaint to the licensee, together with notice to appear before the town administrator for the purpose of a hearing on a specified date to show cause why the licensee’s license should not be suspended or revoked.
D. At the hearing, the town administrator shall hear such statements and consider such evidence as the police department or other enforcement officers, the owner, employer, occupant, lessee, or other party in interest, or any other witness shall offer that is relevant to the violation alleged in the complaint. The town administrator shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the town administrator determines that a cause for suspension or revocation exists, he or she shall issue an order suspending or revoking the manager’s license within thirty days after the hearing is concluded based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license.
E. The order of the town administrator made pursuant to subsection D of this section shall be a final decision and may be appealed to the district court pursuant to Colorado Rule of Civil Procedure 106(a)(4). Failure of a licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of the manager’s license.
F. The town administrator shall have the power to administer oaths, issue subpoenas, and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing that the town administrator conducts. It is unlawful for any person to fail to comply with any subpoena issued by the town administrator. A subpoena shall be served in the same manner as a subpoena issued by the district court of the state of Colorado.
G. All hearings held before the town administrator regarding suspension or revocation of a manager’s license issued under this chapter shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the town administrator and shall pay all costs of preparing such record.
H. In the event of suspension, revocation, or cessation of business, no portion of the manager’s license fee shall be refunded. (Ord. 25-03 § 1 (part))

Any notice required by Chapter 5.28 et seq. shall be deemed sufficient if it is deposited in first class mail, postage pre-paid, to the address on the application and shall be effective upon mailing. (Ord. 25-03 § 1 (part))

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a license, such act shall be a final decision. Therefore, the applicant or licensee may seek judicial review of such administrative action pursuant to the Colorado Rules of Civil Procedure. The court shall promptly review such administrative action. (Ord. 25-03 § 1 (part))

A. An applicant or licensee or manager shall permit representatives of the licensing officer, building official, the director of the community development department, the police department, the county health department and the fire department to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
B. It shall be unlawful for any person, applicant, licensee, or manager who operates an adult entertainment business or his or her agent to refuse to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 25-03 § 1 (part))