§ 7-14. Unlawful acts, conduct, and conditions.

(a)

A licensee under this article shall conduct the operation and activities of an amusement facility or temporary amusement in a decent, orderly, and safe manner. To that end, a licensee, or any manager or employee of said licensee, shall not allow, without taking reasonable steps to prevent or rectify, i) any act or conduct, identified in subsection (b) of this section, to be committed or engaged in by a patron, guest, employee, agent, or other person associated with the amusement facility or temporary amusement on or in the premises or ii) any condition, identified in subsection (b) of this section, to occur or exist on or in the premises. As used in this section, the following words and phrases shall mean:

(1)

"Reasonable steps" shall mean, as appropriate under the circumstances, contacting and reporting to the police or other appropriate authority in a timely manner; or requesting the persons engaged in prohibited acts or conduct to cease the same unless the licensee, or the manager or employee of said licensee, reasonably believes that his or her personal safety would be threatened in making such a request; or taking any legally required or other appropriate measures, including closure and/or repairs, to remediate, control, or eliminate any prohibited condition.

(2)

"Premises" shall include all indoor and outdoor areas specified in the license, any parking lot(s) or open public area(s) owned by the licensee, leased or rented to the licensee, or available for the use of the establishment or business, and any public sidewalks abutting the premises or said parking lot(s) or open public area(s).

(b)

Those acts, conduct, or conditions prohibited under subsection (a) of this section shall be:

(1)

Any unlawful act under the Colorado Liquor Code or the loitering of intoxicated individuals or individuals under the influence of alcohol, narcotic drugs, stimulants or depressants;

(2)

Any unlawful act under chapter 38 relating to offenses against public or private property, offenses against public order and safety (including weapons possession), and morals offenses, including those pertaining to illegal sexual conduct and drugs and intoxicants;

(3)

Any act constituting a felony or misdemeanor offense under Title 18 of the Colorado Revised Statutes;

(4)

Any act, conduct, or condition which presents an unreasonable danger or threat to the health or safety of those using or working in or near the premises or those residing or working in the neighborhood in which the amusement facility or temporary amusement is located, including health, fire, and building code violations, to the extent that such act, conduct, or condition is not timely remediated, controlled, or eliminated, as appropriate, following discovery or actual notice; or

(5)

Any recurring acts or conduct that are patently offensive or indecent to any reasonable person, that the licensee has failed or refused to take any meaningful corrective actions against after receiving actual notice from the director, and that can be shown, by the statement of witnesses or compelling circumstantial evidence, to have occurred on three (3) or more occasions within a six-month period.

(c)

A conviction or other judicial determination of guilt, violation, or liability under a city ordinance or a state statute shall not be a prerequisite in order to find a violation under this section.

(d)

It shall be unlawful for any licensee, or any manager or employee of said licensee, to engage in or to facilitate any act, conduct, or condition identified in subsection (b) of this section on or in the licensed premises.

(Ord. No. 806-98, § 2, 11-16-98)