HomeMy WebLinkAbout1956 Ordinance No. 023BY AUTHORn'Y
ORDINANCE NO. 23, SER~ OF 1956.
<JlDINANCE AMENDING ORDINANCE NO . 17, SER~ CF 1956, ~TABLJ5HING A BUSINESS AND OCCUPATIONAL
'AX, BY DEFIN:n«l THE WCIW •RES IIm.'T", BY AMENDING CERTAIN SECTIONS THEREOF WITH REFERENCE TO "AUCTIOO
:OOSPS", "CHRISTMAS TREE DEAIERS", "PHCII'OORAP.RERS", AND "DIRECT SELLING LICENSFS", BY ELIMINATING THE
REFERENCE TO "AaRTMENT HOUSES " UNDER HEALTH AND SAFETY LICENSES, BY DEFINOO AND LICENSING HOME
OCCUP&TIOO'S ' AND BY PROVmn«i AD DITIONAL REMEDIFS FOR THE ENFORCEMmrr THERECF.
WHEREAS , the City Co \Ulc il of the City of Englewood, Colcrado, has heretofore passed Ordinance
No. 17, Ser ies of 19$61 estab lishing a business and occupational license tax for the purpose of
raising nnmicipal r evenue , and licensing and regulating the carrying on ot all businesses, trades,
and occupations and professions within the City of Englewood, ColoradoJ and
WHERF.A.S, it a ppears that certain amendments thereto should be •de for the purpose of clarifying
the said Ordinance .
, THEREFOOE, BE IT ORDAINED BY THE CITY COUNCIL OF THE crrr OF ENGL»IOOD, COLORADO:
Section 1 . Section 2 of Ordinance No. 17, Series ot 19$6, 1a hereby amended by adding thereto subsection
( 7), Vhlch 8hall read as follows:
" ( 7) RESIDENT : Any person as hereinafter defined who has a tirml.Jr established
place of business in Englewood, or who now liYea and has lived within the city
l illlits for one full year illlnediate]¥ prior to appl¥!ni tor a license under this
Ordinance ."
Section z . Group A, l£RCHAND lSOO LICENSES, of Section 1' ot Ordinance No. 17, Series of 1956, is
berebi amended to read as tollovs:
By a dding a1'ter the words "Auction Howse•" the worda "Resident Auctioneers not
regularly operating an auction hoUH within the Cit7, $5.oo per day or $20.00
per year; itinerant auctioneers $10.00 per dq or tJO.OO per year."
By deletjng after the worda "Christmas Tree Dealers, $25.oo per selling
person" the wo r ds "as specitied by Ordinance No. 10, Series of 19L9·"
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By deleting after the word "photographer" the word "resident."
Section 3 . Group B, HEALTH AND SAFETY LICENSF.S, of Section L ot Ordinance No. 171 Series of 1956,
!8 berebi amended by deleting therefrom the words "apartment house (2 or more rental units)."
Section L . Group G, PEDDLER'S LIC ENS F,S, of Secti on L of Ordinance No. 17, Series of 1956, is
berebi repealed, and the following section enacted in lieu thereof and substituted therefor:
"GROUP G, DmE CT SELLING LICENSES: J. direct selling agent within the meaning
intended 1n this Ordinance shall be construed to be aey resident or itinerant
person mo engages in, or conducts the business of going from house to house,
place to place , or in or along the streets within the City of Englewood,
selling or offering f cr sale at retail and making illlllediate ar later delivery
ot 81\Y gooda, wares, •rchandise, service, or aeything of value in the
pos ses sion ot the direct selling agent or tor Viich he 1a an authorized
selling agent , to persona other than manufacturers, wholesalers, jobbers or
retailers in such coanoditiea. ArJ¥ person operating as a direct selling agent
muat f irat obtain from the City Clerk an official receipt showing that such
per son haa paid the City of Englnood the License tax hereinafter specified
tor the period indicated, mid is, therefore, authorized to operate as a
direct selling agent. Any person or persons subject to a business or
occupational tax under any other sections or subsections of this Ordinance
shall be ex.e-.:>t from pq1ng the direct selling fee herein specified, but
shall be reg uired to obtain the above mentioned receipt for which an
administrative charge of one dollar i 1.oo) will be made, in order to be
legally author i zed t o engage in residential door-to-door direct selling.
The tax for dir e ct selling agents of books, periodicals (other than newspapers),
household wares , brushes, insurance, cosmetics, utensil.a, produce, building
repair and remodeling, and any goods or services not 11peciticaJ.l¥ •ntioned
herein, and not covered by any other section or subsection of this Ordinance,
ahall be ten dollars ($10.00) for each person tor three (3) months, or thirty
dollars ($,30 .00) f or each person far one year. Aey resident or itinerant
direct selling agent who suffers f rom a serious physical handicap and who
sel ls products in connection with a rehabilitation program shall pay only
one dollar ($1 .00) per year as an administrative charge."
Section 5. Section L of Ordinance No. 17, Series of 19$6, ia hereb7 amended by adding thereto a
section entitled "GROUP J, HOME OCCUPATI~S", which shall read a1 follows:
"GROUP J, HOME occ ua TictlS: A home occupation vi thin the meaning intended
in this Ordinanc e shall be construed to be &IV' pereon engagad in the part-
tirae enterprise of providing any service or mnutacturing and selling any
product in hi.a ow n ho. as authorized by City soning regulations. To be
taxable under this Ordinance such enterprise muat involve one person only
and cons\1118 more t han $20 hours per year and lees than l~O hours per year.
The tax .tor home occ u pation enterpr ises will be one dollar ($1.00 per year."
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Section 6 . Section 15 , ENFORCEMENT , of Ordinanc e No. 17, Seriee of 1956, is hereby amended by
add!Di thereto an additional paragraph , which shall read as follows:
"The City of ~lewood, Colorado, may at its option, proceed by injunetion,
abatement, suit for collection, or any other legal action which it ~ deem
advisable for t he enforcement of this ordinance and collection of the fees
provided for therein; provided that, such election shall not in aey way be
de e•d a waiver of or that, such election shall not in any way be deemed a
waiver of or r elease of any person from the penalties provided for herein-
above in this s ection, an d conviction thereunder shall not preclude the
City of Englewoo d from proceeding with an;y other legal action or actions
that it ll8Y deem advisable."
lection 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 8 . The City Council hereby finds, determines, and declares that this Ordinance is necessary
~te preservation of the public peace, health, safety, and convenience.
Section 9. In the opinion of the City Council an eme rgency exists; therefore, this Ordinance shall take
eltect and be in force from a nd a fte r its f llial passage and publication.
Passed on First Reading by the City Council of the City of Englewood, Colorado, this Lth day
of September, A. D.1 1956, and orde red published in t he Englewood Press.
Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 1st day of
October, A. D., 1956, and ordered published in t he Englewood Herald and Enterprise.
ATTF.ST:
I, J. L. Barron, City Clerk of t he Ci t y of Englewoo d , Colcrado, do hereby certify that the above and
toregoing Ordinance was introduce d and read in f ull and ordered published as proposed Ordinance for
the •eting of September L, and Oc tober 1, 195 6, held by the City Council of the City of Englewood,
Colorado, on said dates and the same was published in the Englewood Press, October ~' 1956, as
dinance No . 23 1 Series of 1956 .
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