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Home My WebLink About1994 Ordinance No. 033ORDINANCE NO. 33 SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO . 37 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 5, CHAPI'ER 4, SECTION l, OF THE ENGLEWOOD MUNICIPAL CODE WHICH ADDRESSES FOOD DEALERS. WHEREAS, the intent oft.his amendment is to clarify, simplify, and in some instances estabhsh the procedun,1 and requirements for attaining food dealers licenses in the City of Englewood; and WH ~REAS , the proposed change• h•ve been reviewed with the Greater Englewood Chamber of Commerce and the Englewood Downtown Development Authority and neither expre.;sed concern over the proposed changes ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: ~-The City Counc}l of the City of Englewood, Colorado hereby approve s amending Title 5 , Chapter 4, of the Englewood Municipal Code 1985, to read as follows : CHAPI'ER 4 FOOD DEALERS SECT IO N : 5-4 -1: 5-4-2 : &+a : 5-4-1 : Food D,iivery Vehicles and Food Vendors Licensing Provisions food Vending in Gil:) Perlcs FOOD DELIVER Y VEHICLES AND FOOD VENDORS: A . Defi nitio n s. For the purpose of this Chapter the following definitions apply: BUlbDING CITY PARK hi) strttetllfe that is pem,anenti, affiwed to l'OftH!atate general!) ooed or intended fer supporting c11 shelte1 iuc an) uae or oceupa .~ of a nontransito1 J nature. Po, the po, pooe oF ll,i, 'Pitle and Ghapte, onl,, City parks means any park owned by this City for use of citizens, including the walkways and fountain area of the Englewood Plaza and walkways and bike paths of Little Dry Creek Flood Plain AND SIDEWALKS ADJACENT TO CITY PARKS . -1 - FOOD PRODUCTS ICE GQNFEG'FIO~l PROllHG'F8 >lmP/EHIGLl!l S'FM,;.l) ~+.-~J~~ PRO!>'\,,,.-,;,;, SIDEWAL K or SIDEWALK AREA STREET VEHICLE Food product.a prepared and proc:Moed for immediate con1umption doeo not -ly to grocery stores and 1imilar ell&ablilhmenta where food is not prepared ur <old routinely for immediate consumption . lee ereern, froetP. 111ilk, froeen Mir, or ic.oe or )OCl"'I prolioets , ele. Any-Mn whe .led olend that is ''°' a l,.,;l<lin e. >lonaleoholie drinlt,, eand), pm, ele. That portion of a publicly maintained or declared to be a public street or highway by any law of this State or any Englewood ordinance between the curb · es or the lateral lines of a roadway and the acijacent property lines intended for use by pedestrians. The entire width between the boWldary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public street or high way by any law of this State or any ordinu.nce of this City. Every ~ device in , upon or by which an y person or property is or may be transported or drawn •P•• the pttblie streets, irrespective of the source from which the power to propel said vehicle may come and irrespective of the number of wheels of said vehicle. B. Food Prodoet Sale, From Vehicle, and-N<>n,ehiele Stood,. It shall be unlawful for any person to sell, offer for sale, peddle, hawk, or distribute any food products, -ic,, Cf:nfection produ.ct:B or other eort.~ction products prepared and procc.19ed f.or H'Hmcdiate eonsttmpt:ion h'om ,efticlu or non.chicle stands on any str«t. SIDEWALK, alley, or other public place in this City except as follows : 1. Deli veries to a dwelling as the result of a prior order-theref01'-tftattt by the occupant of 11f1Y THE dwelling. 2. SALES -Beliveri~ of food products to employees of commercial establishments, construction sites and industrial establishments BY A VENDOR WHO HAS A CITY SALES TAX LICENSE. Any vendor licensed IN ACCORDANCE WITH THIS CHA.Pl'ER by--tlm-Gi ty to-ttll,offettONale, peddle, ha .. l,, or d;.!ribute-food product, prepared-and ~or-immedia~umption,;neludin~f~•uon prodtt<tH>r -2 - Klreer eonfieeUon ,rodud1, &0111 uehielea or nenuhide 1tanil1. (QNI. 31 Series ~ll C. LICENSEES ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPLICABU"! MUNICIPAL LAW AND STATE STATUTES AS ADMINISTERED BY THE ARAP .\HOE COUNTY TRI.COUNTY HEALTH DEPARTMENT. D . LICENSEES SHALL NOT OBSTRUCT AlfY PUBLIC PLACE. E . INSURANCE Rf;QUIREMENTS: 1. ALL MO'J'OR VEHICLES USED IN THE OPERATION OF THE LICENSED BUSn-l£SS SHALL BE INSURED UNDER THE LAWS OF THE STATE OF COI.J"JRADO . FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW suc;H EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE RF.VOCAT IO 1'1 OF THE LICENSE. 2 . J.ICENSEE SHALL AT ALL TIMES HA IE INSURANCE COVERAGE AS FOLLOWS : COMPREHENSIVE GENERAL LIABILITY \VITH A MINIMUM COMBINED SINGLE LIMIT OF LI.ABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF $100,000 PER OCCURRENCE AND AGGREGATE. F . LICENSES GRANTED UNDER THIS CHAPTER ARE NOT TRANSFERABLE . G . PROVISIONS FOR ICE CREAM SALES BY VENDORS USING VEHICLES ON CITY STREETS: a . MU ST COMPLY WITH ALL OTHER PROVISIONS OF THIS CHAPTER. b . HOURS OF OPERATION ARE PERMITIED BETWEEN 9:00 A.M . AND SUNSET. 5-4-2 : LICENSING PROVISIONS: A . FOOD VENDOR LICENSE · STREETS AND SIDEWALKS : A . I. A person desiring to conduct busineH, under Section 6+1 M-2-A shall make written application to t h!H>ittn11e LICENSING Officer on forms provided by th e City. Licenses shall be labeled "Food Vendor License -Streets and Sidewalks ."" B. 2. Each License shall expire one year from the date of issuance and may be renewed . ln-addilion-to-the-ten-dollo~pplicotion fee, the fee of twenty- . fwe-<lo~26 .00l will be peid-fff-l~iol licenoe and ••cit-renewal thettof. LICENSE FEES: APPLICATION FEE: INITIAL LICENSE AND EA CH RENEWAL : -3 - $10.00 $50 .00 3 . FOOD VENDORS • STREETS AND SIDEWALKS UCENSEBS SHALL NOT VEND FOOD PRODUCTS IN CITY PARKS. B . FOOD VENDOR LICENSE · PARKS : 9 . E. F'. 1. A PERSON DESIRING TO ,ONDIJ1,'T BUSIN'lSS, UNDER SECTION 5-4-2-B SHALL MAKE WRI'M'EN APPLICATION TO THE LICENSING C, •'l'ICER ON FORMS PROVIDED BY THE CITY. UCENS.:S SHALL BE L.'I OP. ,t;:D "FOOD VENDORS LICENSE • PARKS ." 2 . A LICENSE MAY BE ISSUED FOR A PERIOD OF SIX CONSEC UTIVE MON'l'HS . LICENSE FEES SHALL BE: APPLICATION FEE: LICENS E : $10.00 $25.00 3 . A SPECIAL EVENT PERMIT MAY BE ISSUED FOR PERIODS OF FO UR (4) DAYS OR LESS. APPLICATIO AND PERMIT FEE: $25.00 4 . LI CENSES SHALL BE VALI D (IN LY FOR THE LOCATIO N SPECIFIE D ON THE LICE NSE. 5 . THE LICENSEE SHALL COMPLY WITH ALL REASONABLE CONDI TIO NS THAT ARE NECESSARY TO PREVENT A NUJSANCE AND FOR THE - HEALTH , SAFETY AND WELFARE OF THE COMMUNITY. • Each licenM:e is rt(ltsired t:e operat,e in aeeordeuce witfl applicable State st:at:ts tes as administered b) tl,e ,\rapal,oe Go1tnl) 'Pn Goan!) lleeltb Department. Licenses g,-M1ted artde, tllis Secl:ion a .1 c not t. ansftrable . ~-.-.!Htth,ot ,iolate "'') t ,oll'ic laws or pmlcing Ian, nor ■hall tl,e) ~ Jbstruct normal btuh . ~_-t-ucti li 1:i u in 8h) ptl:elic place, and ehaU e l'llpl) .. it!, an) reg,,la t;on s b!, t b• Gil) Manager Hllpltmtnling tlii• Title an d Gltaptt1' l,i..,n..,es fflB) not ,end f~t, pe,-lts. 10.d. 31 Seri•• 1989) A·. No ptr_oon fflB) sell f'<,od or oth er it,em , in an) Gil) perlt .. itl,011 t tl,e permission of tl,t Git)"<>H.nglewood, &. Fr om time to t;me, the Git) Mm,agoer ma) ioot1• opeeial peffllito concerning the oalt of feod or ot})er item s in th• Gi t)'o park, m,d facilities . Thue permit& ,hall be s11bj ee t t&-adm inist.at.we-J)t'oee(l u re s •f tht Git, of Englewood. EOrd. 31 Serie, 198 9) Introduced, r ead in full , and pa,sed on fi nl r eading on the 20th day of June, 1994 . . 4 . Published as a Bill for an Ordinance on the 23rd day of June, 1994 . Read by title and passed on final reudi ng on the 5th day of July, 1994. Published by title as Ordinance No . ..:il. Series of 1994 , on ~: ~hg/L~~ Loucrishia A. Elli s, City Clerk I, Loucrishia A. Elli s. City Clerk of th e City of ~,nglewood, Colorado, hereby certify that th e above and foregoing is a true copy of the Ordin ance pa ssed on final reading and published by title as Ordinance No .~ Series of 1994 . ~iudlt4. Loucrishia A. Ellis -5- Date Jtme 20, 1994 INmA 11:D BY STAFF SOURCE COUNCIL GOAL COUNCil. COMMUNICATION Agenda 11ml llh Subject Miscellaneous licenses Food Dealers Department of Financial Services Frank Gryglewicz, Acting Director of Financial Services NI A IS.SUE/ ACTION PROPOSED Staff requests Council approval of a bill for an ordinance amending Title 5, Chapter 4 (Food Dealers). PREVIOUS COUNCIL ACTION Council reviewed these proposed changes at their May 9, 1994 Sh.1dy Session . BACKGROUND The changes included in the attached ordinance were developed by Financial Services staff and the City Attorney with input from Council an·.d other staff members. The intent is to clarify, simplif) , and in some instances, establish the procedures and requirements for attaining food .dealers licenses in the City of Englewood. We have reviewed these proposed changes w ith the Greater Englewood Chamber of Commerce and the Englewood Downtown Development Authority . Neither expressed concern over the proposed changes. STAFF ANALYSIS Staff believes the proposed changes will benefit the City and its licensees by simplifying and clarifying the procedures and regulations concerning food .dealers . The changes include: • Clarifies the definit.ons in the Code • Oarifies application requirements and oonditions A · • Clarifies the duties of the Licensing Officer - • Clarifies application and issuance procedures • Establishes insurance requirements • Revises applir.ation and license foes • Clarifies the non-transferability of licenses • Establishes specific hours of operation for ice cream vendors using the City streets. • Revist.S the length of time licenses are valid for Food Vendor Licenses -Parks . • Establishes single-location restrictions for Food Vendor Licenses -Parks FINANOAL IMPACT No significant finanaal impact is anticipated