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Home My WebLink About1996 Ordinance No. 025• • ORDINANCE NO . 22 SERIFS OF 1996 BY AUTHORITY 10 h 11 COUNCIL BILL NO . 28 INTRODl!CED BY COUNCIL MEMBER CLAPP AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR !>10RATORJUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR A 0 ERIOD OF SIX MONTHS . WHEt<.EAS, the current miscellaneous busineBB licensll].g procedures an -mtiquated and need w be upd att!d ; and WHEREAS, City Council bu directed staff to review and revise, if necessary, the miscellaneou s bu siness licenses for the City; and WH ERLAS , staff will need s!lfficient time to review and coordinate the miscell aneous business lic~nsing provisions of the Englewood Municipal Cod e; and WHEREAS , Council deems it ne·essary to coordinate the review of its misce llaneous businesses licenses m d find s it appropriate to cease licensing until the reYiew and revised proce.iures are reviewed by the staff and City Council ; and WHERE.~S. the Englewood City Council h BB also directed City staff to review the Broadway corridor zoning and appropriate uses for th e corridor ; an d WHEREAS, the City Council hBB indicated that the study of the Broadway retail corridor should be coordinated with the updating of licen sing; and WHEREAS , in order for the City to comply with the arguments made in Or Limited vs Ci t\' of Englewood . Case No. A86CV1243 , the moratorium or tempor'cay sus pe nsion mu st apply to all miscellaneous business licenses unless specific exemptions can be legitimately set forth due to a findin g that a type of business should be excluded ; and WHEREAS, the re,;sions w the miscell aneous business licenses and the updating of the Broa dway corridor zoning will hel p protect the public h ealth, safety and welfare by th e preserving the sound fiscal bal ance for th e City in providing municipal services with.in the City limits ; by maintaining a sound balance beh\•een available public resource.;\, facilities and services and the demands for such services; and pr esen ·in g a safe. healthy, and sound environment within the City; and WHEREAS, the citizens of Englewood and the City Co uncil have determined that rev isions to zoning along the Broadway corridor are necessary to promote, coo rd inate, innovate, high quality plan to produce a well balanced corridor in the City; and WHEREAS , th e current zoning for th e Broadway corridor is not meeting th e above crit P.ria ; and -1- WHEREAS , the City Council finds that a m month moratorium or temporary su1pen1i on of li censing i1 necea ■ary to implement the licenaing revi■ion r. and to provid e time for the Broadw ay corridor atudy; an d WHEREAS , the liquor li censing p rovia ion a adequately inaure a need• ond rl ea ir<,e testing of applicanta and should therefore be exempt from tbie temporary euapenaion or moratorium ; and WHEREAS , seasonal or one time buaineea ee will n ot eignificantly impact the mi scellaneou s buaineaa licensing or zoning of the Broadway corridor and abould the refore be e xempt &om this temporary sus pension or moratorium; NOW, T HEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COWRADO, THAT A TEMPORARY SUSPENSION OR lfO RATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICE NSES FROM JUNE 10, 1996 TO DEC E~ffiER 10, 1996, SHALL BE ESTABLISHED AND SHALL COMPLY WITH THE FOLLOWING PROVISIONS: ~. Said morRtorium or tempo rary suspension of miscetlaneous busin ess licen ses ohPII inclu de the foll owin g: Amu sement Arcade License. Amussment Center Li ce nse. Amu sement Device Licen se. Billiards and Pool Table License. Bowlin g Alley Li cense. Carn ival Lic ens e . Cir cus Lice nse. Itine rant Show License . Public Dance License. Ma ssage Ther a py Clinic Li cense. Massage Th erapist Li ce nse. Ma s sage Therapist Clinic. Adult Book Store License. Adu lt Motion Picture Theat er Licen st. Ad ult Dan cing E stabl ishm ent. Co ntrac tor Li ce nsinb : Class A. Class B, Class C. Class D, Class E , and Cl ass F. Certifi cates of re gi stratio11s fo r elec!Jical, plumbing nnd plu1nbing/m echanical . A\ttomobile Wrecking or Juuk Yard Lic en se. Au cti on House License. Itinerant Auctioneer Li cense. Convalesce nt and Rest Home License. Police and Detective Servi ces (pri v ate firm s) Lic e nse. Direct S "'11i ng Lic e nse . Pawnb ro ke r Li cense . Arb orist Licen se. Te mp orary Employment Services License. Food Vendor Li ce nsr. ~-Said morat orium or temporary suspension of mi scellaneous busin ess lic enses shall not include the fo llowing: Licen ses t h at "~11 be exempted from the proposed moratorium include the foll ow in g : Al cohol Bever ages (State a nd loca l cont r ol). Chris tma s Tree Dealers (Seasonal). Going Out of Bu siness. Fire, S moke and Water Damaged Goods Sales (te mporary in n ature). -2- • • Sa:tilmJI , The Englewood City Council directa City ■taft'to develop appropriate recommendations to Council, within m months, to be con■iltent with thil Ordinance and shall provide for an updating of the City licensing pl"O<edure for milcell■neou1 business licenses and shall provide recommendations as to the toning of the Broadway corridor. Jlt:dilm..l!. The City Council fmds the provisions er this Ordinance are temporary in nature and are intended to bf, replaced by sub,"!uent legislative enoctment the te mporary suspensfon of miaceUaneou., b1 • ,i~, 1B l.tce nsea as specified in thi.s Ordinance which shall terminate on Decemb•r 11, 1996 . Introduced , read in .'ull , and passed on first reading on the 20th day of Moy, 1996. Publis hed as a Bill fe r an Onfu..'\DCP on the 23rd day of May, 1996. Read by title and :oas.ed on final reading on the 3rd day of June, 1996. Published by title as Ordinance No .~ Series of 1996 , Oil the 6th day of Jun• 1996. Loucrishia A. Ellis , City Clerk I, Loucrishia A. Elli s, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoin g is• true copy of the Ordinance passed on final readin g ar,d published by title as Ordinaoce No~, Series of 1996 . ~;t(Jt, Loucnshia A. Ellis .3. • • • COUNCIL COMMUNICATION riate Agenda Item Subject May 20, 1996 11 aii Blh for an ordinance p11ttlng a moralorium on m iscellaneous licenses into effect from July 7, 1996 throuoh Januarv 7, 1997 Initiated By I Staff Source u.:::.artment of Financial Seivices Frank Grvolewicz , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance establishes a miscellaneous licenses moratorium 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 wi ll allow the City's staff time to review its current licensing and zoning requ ire ments. If applicable, staff will make recommendations t~ Council , and l>Png the necessary actions to update the City Code . Also, staff will review fees and procedures regarding miscellaneous licensing . At the May 6, 1996 study session . slaff discussed the proposed morato,ium wilh the Council RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Marry of the Chapters in Title 5 of the Englewood City Code have not been reviewed or revised to, some lime The moratorium provides staff with lhe time to review this Title . City staff plans to meet wilh concemed citizens, busi ness owners, industry representatives . and the Englewood Chamber of Commerce to gather input into this process if it is requested . AJt ematively, staff could review these chapters in Title 5 without a moratorium , but there is a risk of businesses be ing licensed that would not otherwise be licensed after the revisions are made and the moratorium lifted . FINANCIAL IMPACT During the moratorium period no licenses will be iss ued , nor will license feps be collected . The amount of lost revenue should not exceed $5,000. Some of this loss may be made up after the moratorium and licensing is resumed . LIST 0" ATTACH M ENTS Copy of a bill for an ordinance .