During Central City Council’s work session on August 20, Mayor Jeremy Fey and Councilmembers Jeff Aiken, Todd Williams, and Marcia Enloe focused on discussions regarding Sexually-Oriented Businesses (SOBs). The session covered the following items:

Ordinance No. 24-02: An ordinance of the City Council of the City of Central, Colorado, amending Chapter 16 of the City of Central Municipal Code relating to the permissible locations of sexually oriented businesses.

Ordinance No. 24-03: An ordinance of the City Council of the City of Central, Colorado, amending Chapter 6 and Sections 10-7-20 and 10-7-30 of the City of Central Municipal Code concerning Sexually Oriented Business Licenses.

Ballot Question Referral/ Referendum Options: Relating to Sexually Oriented Business Locations.

Mayor Pro-tem Kara Tinucci recused herself from the session due to her husband’s past association with RCI Hospitality Holdings, the sole applicant for an SOB license in Central City.

There was discussion as to whether industrial zoning was an option for SOBs.

Erin King, an attorney assisting City Attorney Marcus McCaskin, reviewed the ordinance details and proposed test ballot question. King explained that the test ballot question aims to gather voter input on the presence of SOBs in the downtown area. The proposed ballot question wording included three options:

“Shall the City of Central, Colorado permit the operation of a limited number of sexually oriented businesses within the historic downtown area of the City, specifically in one or more of the HDG, GGG, and TSL zone districts, subject to and commencing upon the adoption of local regulations by City Council, which will establish specific time, place, and manner restrictions for such businesses and which regulations will also lower the current 1,000-foot spacing requirement set forth in Section 16-3-303(b)(15) of the Land Development Code as applied to one or more of the HDG, GGG, and TSL zone districts?”

“Shall the City of Central, Colorado lower the distance requirements of the permissible locations of sexually oriented businesses to allow for the operation of a limited number of such businesses within the historic downtown area of the City?”

“Shall the City Council of the City of Central, Colorado amend the City’s Land Development Code to allow for a limited number of sexually oriented businesses to operate in the HDG, GGG, and TSL zone districts?”

King suggested simplifying the ballot question to ensure clarity for voters. City Manager Daniel Miera noted that the existing infrastructure in areas where other adult businesses are located, such as gaming, liquor, and marijuana establishments, might be more suitable for SOBs.

Williams asked if they could amend the second ballot question to include the HDG (Historic Downtown Gaming), GGG (Gregory Gulch Gaming), and TSL (Transitional) zones. King said the public may be confused by the zones.

The Transitional Zone is a mixed-use zone that is established to accommodate a limited range of residential and low-intensity commercial uses deemed to be generally compatible, offering a transition between more intense zones.

The Industrial Zone is established to allow for a range of industrial, resource extraction and processing, recycling, and primary employment uses, as well as other uses that tend to have material external impacts.

Aiken asked whether they even need a ballot question. He asked how it would be delivered to the public. King replied that it would go out as part of the general election ballot, when and if it gets certified at the next meeting.

Miera mentioned that certain groups may not feel comfortable voicing their opinions in public and that the ballot would give them a voice.

Williams stressed the fact that the council of five has been reduced to a council of three, due to conflicts of interest of the Mayor and the Mayor Pro-tem, and this issue warrants input from the voters.

King asked for direction on the ballot question and resolution. Aiken said to simplify it; Williams suggested number two, with more specifics. King agreed and said she would put the actual names of districts in the language, rather than using just initials.

The work session concluded at about 6:09 p.m.

The next regular meeting of the Central City Council is scheduled for September 3, 2024, and will be held at Central City Hall, 141 Nevada Street, second floor; or online via Zoom. Information can be found on the City website, centralcity.colorado.gov/meetings.