Loading...
HomeMy WebLinkAbout1996 Ordinance No. 013•• • • ORDIN.\NCE NO. /3 SERIES OF i:i96 BY ,\UTHORITY COUNCIL BILL NO . 5 INTRODUCED BY COUNt::IL MEMBER HABENICHT AN ORDINANCE AMENDING TITLE 5. OF THE ENGLEWOOI, MUNICIPAL CODE 1985 WITH THE ADDITION OF A NEW CHAPTER 13 . ESTABLISHING LICENSE REQUIREMENTS FOR TEMPORARY EMPLOYMENT SERVICES IN THE CITY OF ENGLEWOOD . WHE!'..F.AS . the Englewood Municipal Code doea not rurrently license or regulate temporary employment services; and WliRJl~. the r uglewood City•Co!lllcil bu aet the goal of improving the business and !'ffldential quahty of life in the t::ity ; and WHE REAS. the cdtens of the City have eq,rened concerns regarding the impact of tempor a:, .. ··•••loyment services on the Englewood community; and WHEJI " ,.5. toe Department of Safety S.,-,icea baa ,..i;ab\iahed that temJ)<1J'ary employmen, <e rvices. that operate a central location where day laboren u :emble an.J u,, dispatched to work for a thin! party uaer, lwve created a negative impact on neighborhoods throuJh increased nuisance activity or by attracting individuals that contribute to incre ar.er\ nuisance activity; and ·wt:IEREAS , the City desires to exempt those buain...,.. that are not creating a negative impact to the City; and WHEREAS. thia Ordinance will eatabliah a license that registers and regulates tem~rary emvloyment services in the City; and WHEREAS. the identification of temporary employment services that operote a central location where day laborers assemble and are dispatched to work for a third party user will allow the City to focus its resources to resolve any problems on current and future sites; and WHEREAS, the City will conduc: an ongoing review of enforcement, licensing and zoning issues concerning temporM)' employment services; and WHEREAS, the licensing of temporary employment services protects the he:,lth . safety and welfare of the public ; NOW , THERE~'ORE , BE IT ORDAINED BY T~ CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FO LLOWS : ~. The City Council of the City of Englewood. Colorado hereby approves am ending Title 5, of the Englewood Municipal Code 1!185 . by addin g a new Chapter 13. entitled Temporary Employment Services . pertairiing to the regulation and licens ing of persons and entities that provid e tempor.ary employment services in th e City of Englewood . Title 5. Chapter 13. shall reatl as follows : .). 10 b 1 5-W. TEMPORARY EMPLOYMENT l!IBRVJCES: 5-13-1: COMPLIANCE; UCENSE RBQ1.llRED: IT JS UNLAWFUL FOR ANY PERSON OR ENTITY THAT OPERATES A CENTRAL LOCATION WHERE DAY LABORERS ASSEMBLE AND AIIB DISPATCHED TO WORK FOR A THIRD PARTY USER WITHOl.J'T' FIRST HAVING OBTAINED AN ANNUALLY RENEWABLE AND NON-TRANSFERABLE TEMPOR.\RY E:,:PLOYMENT SERVICE LICEt:c;-.; ISSUED BY THE CITY. 5-13-2: LICENSING APPLICATION; FEE: THE CITY OF ENGLEWOOD SIIALL ISSUE A LICENSE ACCORDING TO THE REQUIREMENTS OF THIS ORDINANCE. ALL APPLICANTS FOR A TEMPORARY SERVICE LICENSE SHALL FILE AN .'u'PLICATION FOR SUCH LICENSE WITH THE LICENSING OFFICER ON FORMS TO BE PROVIDED BY THE CITY 01' ENGLEWOOD . THE APPLICATION FOR A Llei;NSE SHALL CONTAIN THE INFORMATION REQUJRED IN THIS ORDINANCE. EACH INDIVIDUAL APPLICANT, PARTNER OF A PARTNERSHIP, OfflCl,;R, DIRECTOR AND HOLDER OF TEN PERCENT OR ORE rw THE CORPORATE STOCK OF A CORPORATE APPLICANT SHALL BE NAMED IN EACH APPLICATION . EACH APPLICANT SHALL FURNISH AS AN ATTACHME.tlT TO AND PART OF SUCH APPLICA'flON, EVIDENCE THAT THE PROPOSED ESTABLISHMENT MEETS THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE. EACH 00RPORATE APPLlCANT SHALL FURNISH EVIDENCE THAT IT JS IN GOOD STANnING UND:ER THE STA'l'lJTES OF THE STATE OF COLORADO, OR IN THE CASE C'!' A FOREIGN CORPORATION , EVIDENCE THAT IT JS CURRENTLY AlITHORIZED TO DO BUSINESS IN THE STATE OF COLORADO . THE LICENSE ISSUED UNDER THIS ORDINANCE SHALL BE APPLICABLE ONLY FOR THE LOCATION IDENTIFIED IN THE LICENSE APPLICATION, AND ONLY FOR THE OWNER/APPLICANT MAKING THE LICENSE APPJ.!CATION. EACH APPLICANT SHALL PAY A NONREFUNDABLE APPLICATION FEE AT THE TIME OF FILING AN APPLICATION AND AT THE TIME AN AMENDMENT IS MADE TO THE APPLICATION . SUCH FEES SHALL BE DETERMINED BY THE CITY COUNCIL AND SET BY RESOLUTION . 5-13-3 : UCENSE FEE: THE CITY FINDS, DETERMINES AND DECLARES THAT CONSIDERING 1'HE NATURE OF THE TEMPORARY EMPLOYMENT SERVICE BUSINESS AI!-WELL AS THE RELATIONSHIP OF SUCH BUSINESSES TO THE MUNICIPAL WELFARE, AND FURTHER THE RELATIONSHIP THERETO TO THE EXPENDITURES REQUJRED OF THE CITY AND ALL OTHER MATTERS PROPERLY TO BE CONSIDERED IN RELATION THERETO, THE CLASSIFICATION OF SUCH A BUSINESS AS A SEPARATE TYPE OF BUSINESS OR OCCUPATION REQUJRING A SEPARATE LICENSE FEE IS REASONABLE, PROPER, UNIFORM , NONDISCRIMINATORY AND NECESSARY FOR A JUST AND PROPER DISTRIBUTION OF COSTS FOR Cl7Y SERVICES. THE CITY HEREBY LEV'u;:s J..."ID ASSESSES FOR EACH YEAR AN ANNUAL TEMPOR..\.RY EMPLOYMENT SERVICE LICENSE FEE. THE ANNUAL LICENSE FEE FOR TEMPORJ. RY EMPLOYMENT SERVICE SHALL BE DETERMINED BY T H E CITY AND SET BY RESOLUTION . SUCH FEE SHALL BE PAYA.ilLE PRIOR TO THE l'lSUANCE OF THE LICENSE . ANY LICENSE ISSUED PURSUANT TO THIS ORDINAN CE SHALL EXPIRE ON THE 31ST DAY OF DECEMBER OF EACH YEAR . SUCH LICENSE FEE SHALL BE PRORATED ~'OR THE -2- • • ·• • • CALENDAR YEAR IN WHICH '!'K£ TE\ll'ORARY 1:.MPLOYMENT SERVICE LICENSE It' Jmt.S'l' ISSUED. 5-1:..-t : NON°TBAN8FERABILITY a, UCCNBB: ANY IJCENSF, ISSUED PU1:IS\ 1ANT 1'0 TlilS ORDINANCE ilHAl ,1J i'l<YI' BE TRANSFERABLE. A:.,y SUCH LICENSE MAY NCYI' BE V U ,'!l,r.1(RRBD TO EITHER ANOTHi;;R PERSO~ OR A LOCATION OTHER 'IW.:<1 TH.o\T IJSTED IN THE LICENSE APPLIUTION. ANY CHANGE IN THE F'J!TNERS OF A PARTNERSHIP OR IN OFFl '.:ERS, DIRECTORS, OR HOLDERS OF TEN PERCENT OR MORE OF THE S'l f)CK OF A CORPORATE llCENSEE HOLDING A TEMPORARY EMPLOYMENT SERVICE LlCENSE SHALL RESULT IN '.'ERMINA'rION OF THE lJCENSE OF THE PARTNERSHIP OB CC'RPORAT!Oii UNLESS A WRl'M'EN AMENDMENT TO THE ORICliNAL APPLICATION lS MADE AS RE~UIRED BY SECTION 5-13~. 5-13-5: LICENSE RENEWAL: ANNUAL .RENEWAL REQUESTS MUST BE FILED WITH THE LICENSING OFFICER NO U..'l:ER THAN THE FIRST DAY OF Dl:.CE1\IBER OF EACH CALENDAR YEAR ON FORMS TO BE PROVL)ED BY THE CITY OF ENGLEWOOD . 5-13-6: CHANGE OF OWNER, SHAREHOLDER. PAR'llllER OFFICER OR DIBBCTOR: IN l'HE EVENT OF A CHANGE OF OWNER, OFFICEP., DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT OF THE SHAr<ES OF STOCK OF A CORPORATE LICENSE HOLDER OR PARTNER OF A PARl'NERSHIP, DISCLOSURE IN WRITING BY AN AMENDMENT TO THE ORIG!NAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY EMPLOYMENT SERVICE LICEHSE THEREOF SHALL BE MADE TO THE LICENSING OFFICER. NOTWITHSTANDING THE PROVISIONS OF TlilS SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTlNG LICENSE SHALL BE REQUIRED UPON ANY CHANGE, DIRE CTLY OR BENEFICIALLY, IN THE OWNERSHIP OF ANY LICENSED TEMPORARY EMPLOYMENT SERVICE , WHICH IS OWNED DIRECTLY OR BENEFICIALLY BY A PE RSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT") OR IS AN ISSUER OF SECURITIES WHICH IS KEQUlRED ~O Fil.<.: REPORTS WITH THE SECURITIES AND EXCHANGE com,USSION PURS~1ANT TO SECTION 15(0) OF THE ACT , PROVIDED THAT SUCH PERSON FILEl:s WITH THE COMMISSIONER SUCH INFORMATlON, DOCUMENTS AND REP0RTS AS ARE REQUIRED BY TAE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH THE SECURITIES AND EXCHANGE COMMISSION . SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR iNTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY EMPLOYMENT SER''ICES. THE !PPLIC!.NT OR LICENSE HOLDER SHALL PAY A FEE FOR AMEND ~!ENT OF THE APPLICATION , WHI CH FEE SHALL BE DETERMI NE:) BY THE CITY AND SET BY RES OLUTIO N . -3 - ~ Safety CJ•Y ■o•. The City Council, banby find ■, determlneo , and declare• that thia Ordinance i• promulcated under the reneral police power of the City of Englewood, that. It ia promnlpted for the bealth, Hfety, and welfare of the public, and that thia Ordinance i ■ neceuary for the pra■ervation of health and eafety and for the protection of public caawnience and welfare. The City Council further determina that the Ordinance bean a rational relation tD the proper legielative object eonght to be obtained. ~-Senollilwt. lf any clause, ■entence, paragraph, or part of this Ordinance or the application thereof 1D any penon or circum■tancea shall for any reason be acljudged by a court of competent juriodlction invalid, ■uch judgment ehall DOt afl'ect impnir or invalidate tbe remainder of thia Ordinance or ite application to other penona or circumstances. ~-InCAnaiatcnt Ordinances All other Ordinancea or portions thereof inconaiatent or conflicting with thia Ordinance or any portion hereof are hereby repealed to the extent of ouch inconsiatency or con1lict. ~. Effect of repeal or modification The repeal or modification of any provision of the Code of 1he City of Englewood by lhia Ordinance ■hall not release, extinguish, alter, modify, or change in wbole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under suc h provision , and each provision shall be treated and held a,o •till remaining in force for 1he pwposes of ■mtaining any and all proper acti uit■, proceedinp, and proaecutiona for the enforcement of the p!!D.alty , forf , or liMbility , ae well as for the purpose of sustaining any judgment, decree , ur order which can or may be rendered, entered, or made in such actions , suite, proceedings, or prosecutions. S!:1:wm..§. fma.lly. The Penalty Provision of E .111.C. Section 1-4-1 shall apply to each and every violation of -his Ordinance. Introduced, read in full , and puaed on lint reading on the 1st day of April , 1996 . Published as a Bill for an urdinance on the 4th <iay of April , 1996 . Read by title and paaeed on final reading on the 15th day of April, 1996 . -4- • • ·• • • Published by title u Ordinance No . lJ., Serie ■ of 1996, on the 18th day of April, 1996. A~k d,[ft ~ucrishiaA. Elli■, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . .lJ, Senea of 1~96. ~~~ Loucrishia A. Ellis -5- ·• • COUNCIL COMMUNICATION Date Agenda Item Subject April 1, 1996 Bill for an ordinance 11 a i estabiishing licensing requirements for temporary employment agencies in the Citv of Enalewood Initiated By I Staff Source Oeoartment of Financial Services Frank Grvolewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance establishes licen e requirements for temporary employment agencies in the City of Englewood. The City Council has set goals of improving the business and residential quality of life in the City . This bill for ordinance will establish a license that registers temporary employment agencies in the City. This is seen as a positive step for both the business and residential communities in the City. The fee for this license is not established in this bill , Council may set the fee by resolution in the future . At the January 15, 1996 City Council meeting , cHizens addressed the Council regarding the community's concern over temporary employment agencies. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City of Engll!wood currently does not license or regulate temporary employment agencies. Co,1r.e ;ned citizens have addressed City Council regarding the impact temporary employment agenc ies have in the surround ing community . City staff has meet \\ith concerned citizens , business owners , industry representative s, an d the Englewood Chamuer of Commerce to gather input into this process . FINANCIAL IMPACT Nc,n 1, LIST OF ATTACHMENTS ,. Co py of a bi ll for an ordinance .