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Home My WebLink About1996 Ordinance No. 045• • ORDINANCE NO. '.5' SERIE'3 OF 1996 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTER 1, OF THE ENGLEWOOD MUNlCIPAL CODE 1985 PERTAINING TO GENERAL LICENSE PROVISIONS AND RE-ENACTING A NEW CHAPTER 1. WHEREAS, the Englewood City Council eatablimed a temporary 1111penaion or moratorium of certain miacellaneow, business licenaea for a period of au: montha with the paaaage of Ordinance No. 25, aeriea of 1996; and WHEREAS, the moratorium or temporary 1uapension of miscellaneow, bw,ineaa licenses included General License Provisions; and WHEREAS, the provisions in Chapter 1 are general in nature and apply to all licenses issued and established under the other provioion• of Title 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sl:s:timu. The City Council or the City of Englewood, Colorado hereby amends Title 5, Chapter 1, of the Englewood Municipal Code 1985, by repealing and re-enacting Chapter 1, to n,ad as follows : CBAPl'ERl GENERAL PROVISIONS APPLICABLE TO BUSINESSES THAT MUST OBTAIN A UC'ZNSE OR PERMIT SECTION: 5-1 -1 : DEFINITIONS 5-1-2 : LICENSE OR PERMIT REQUIRED 5-1 -3 : DUTIES OF CITY LICENSING OFFICER 5-1-4: APPLICATION FOR LICENSE 5-1 -5: DETERMINATION OF LICENSE OR PERMIT FEES AND TERM OF LICENSE 5-1-6: TRANSFERS AND CHANGE OF LOCATION FOR LICEN'lES 5-1-7 : LICENSE OR PERMIT AVAILABLE FOR INSPECTION 5-1-8 : HEARINGS, ORDERS AND APPEALS 5.1.1 , DEFINITIONS: FOR THE PURPOSE OF THIS TITLE AND CODE IN ALL 1ATTERS RELATING TO THE LICENSING Oil PERMITTING OF A.-,.,Y BUSINESS, THE FOLLOWING TERMS, PHF ..SES, WORDS, AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN Hf.REIN: 8UIIINE88(11lJ81NE1111 tJ8E: CITY UCENSING OFFICER OR UCENSING OFFICER: ENGAGE IN BUSINESS: LICENSE: LICENSE BOLDER: MANAGER: PERMIT: PERMIT BOLDER: PREMISES: The employmct., _ er men_,,. for the 1JW11GH al IU'IIUII a livelihood , ac:tivitieo of penom to Improve their economic conditiom and deoira, and pnerally related to commercial and induatrial engagementa. The City Manager of the City of Englewood, Colorado, or the duly appointed deoignee. To carry on or take put in the operation of a b111ine11 . A,enta, emplo:,eeo in their capacity u apnta, er otba-repreoe.ntativea of any entity doing buaineM in lhil city ahalJ be peraonally reaponaible for compliance with tbia title. A licenae or permit need not be obtained for each branch of an eetabli~..ment, if the buain-and branchu are OJY.48ted legally ao one buain-except ,.. ,quired by any other chapter in lhil title. Written penniBMon to punue or carry on a busin ... subject to lhil Title. A person who bu the authority to engage in ·• business required to be licensed by this Title. An individual who manages, directs, supervises, oversees md administers the acts and transactions of the a,,enu or servant,, of any eatablialur governed by this Article or who, tluou rua or her own action ■, directs, oveneee and administers the affairs of any such establishment. Written penniuion to punue or carry on any business not auLject to licenaing under tbia Title or specifically excluded from obtaining a license or permit by thi.o Cod e, Title, ordinance, state atatute, or federal law. A person who bu the authority to engage in a buaineSB required to be isaued a permit by this Title. A lot, parcel, or plot ofland together with tht structures , equipment and appurtenances, and personal property. 5-1-2: LICENSE OR PERMIT REQUIRED: IT SHALL BE UNLAWFUL FOR ANY CORPORATION , GOMPANY, PARTNERSHIP OR INDIVIDUAL 2 • • • • TO ENGAGB IN Am: BUSINBSS WITHOt.rr A. LICENSE OR PltllMlT AS REQUlllED BY Tmll Tr.n.E. 6-l-81 DUTIEIIOl'crrYLICBNBINGOl'ftCER: A . THE LICENSING OfflCER SHALL COLLEC'l' ALL APPLICABLE FEES, AND ISSUE LICENSES AND PERMITS IN THE CITY'S NAME TO PERSONS QUALIFIED UNDER THE PROVISIONS OF THIS TITLE AND SHALL: I . PROMULGATE AND ENFORCE ALL REASONABLE RUU:S AND REGULATIONS NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE . 2 . PREPARE AND PROVIDE FORMS NECESSARY TO ISSUE LICENSES AND PERMITS. 3 . REQUIRE APPIJCANTS TO SUBMIT ALL AFFIDAVITS AND OATHS NECESSARY TO ADMINISTER TlUS TITLE. 4 . NOTIIT APPIJCANT OF ACCEPTANCE OR DENIAL OF APPIJCATION AND STATE IN WRITING THE REASON(Sl FOR DENIAL. 5-1-4: APPLICA110Nl'ORIJCENSE: A. EACH APPLICANT REQUIRED TO PROCURE A IJJ ENSE OR PERMIT UNDER THE PROVISIONS OF THIS TITLE SHALL SUBMIT AN APPIJCATION FOR SUCH LICE NSE TO THE LlCENSING OfflCER. THE APP IJCATION SHALL: I . BE IN WRITING , USING FORMS PROVIDED BY THE IJCEN SING OFFICER. THE FORM SHALL INCLUDE A SIGNED AmDAVIT BY THE APPIJCANT INCLUDING : i . THE NAME OF THE LICENSE OR PT,RMIT HOLDER, AND THE NAME(Sl UNDER WHICH THE BUSINESS IS CONDUCTED . ii . THE ADDRESS AND TliE SPECIFIC ACTIVITY TO BE CONDUCTED . iii. ANY INFORMATION REQUIRED BY AN OTHER CHAPTER OR SECTION OF THIS TITLE . 2 . INCLUDE OTHER INFORMATION WHICH THE LICENSING OFFICER SHALL FIND REASONABLY NECESSARY FOR THE ADMINISTRATION OF THIS TITLE . B. THE APPLICANT SHALL SUBMIT ALL APPIJCABLE FEES TO THE LI CENSI NG OFFI CER PRIOR TO A REVIEW OF THE APPLICATIO N, SAID FEES SHALL NOT BE REFUNDED . 3 C. TRlt LICENSING OfflCER HAS THE AUTHOJIJTY '1'0 DENY, SUSPEND, OR REVOKE ANY APPLICATION UNDER THE FOLLOWING CONDITIONS: l. THE LICENSE OR PERMIT WAS OBTAINED BY FRAUD, MISREPRESENTATION, OR FJJ.SE STATEMENTS. 2 . THE LICENSED OR PERMITTED i.,CTIVITY IS A PUBLIC NUISANCE AS DEFINED BY ORD1NANCE OR STATUTE. 3. THE LICENSE OR PERMIT WAS ISSUED IN ERROR. 4. UPON GROUNDS PROVIDED BY ANY OTHER CITY APPLICATION REQUIREMENT, ORDINANCE, STATE STATUTE, FEDERAL LAW, OR REGULATl0N OF THE CITY, STATE, OR FEDERAL GOVERNMENT . 5. THE APPLICANT IS IN DEFAULT OF J.NY INDEBTEDNESS OR OTHER OBLIGATION DUE THE CITY. 6. 'i'HE PROPOSED t,;SE OF ANY PREMISES FOR WlllCH THE LICENSE IS SOUGHT IS NOT AUTHORIZED BY ZONING , BUILDING , HO U'Si'NG OR OTHER REGULATIONS. 7. FAILURE OF TIU' LICENSE HOLDER TO SUBMIT A NEW APPLICATIOl\ BEFORE THE EXPIRATION OF A CURRENT LICENSE. D . AN APPLICANT, WHEN DENIED A LICENSE OR PERMIT, SHALL NOT ENGAGE IN THE BUSINESS FOR WHICH A LICENSE OR PEJU,fiT IS REQUIRED. 5-1-5: DETERMINATION OF LICENSE OR PERMIT FEE AND TERM OF LICENSE: A . THE CITY COUNCIL SHALL DETERMINE AND SET BY RESOLUTION ALL FEES REQUIRED UNDER THIS TITLE. B . UNLESS OTHFJ!WISE SPECIFICALLY PROVIDED, A LICENSE OR PER SHALL EXPIRE ONE YEAR FROM THE D;,TE OF ISSUE. NO REFUND OF ANY PORTION OF THE LICENSE FEE SHALL BE MADE . 5-1-6: TRANSFERS AND CHANGE OF LOCATION FOR LICENSES: A . UNLESS OTHERWISE SPECIFICALLY PROHIBITED, A LICENSE OR PERMIT HOLDER HAS THE RIGHT TO TRANSFER THE LICENSE OR PEJU,llT TO ANOTHER PERSON OR LOCATION AS PROVIDED : 1. THE LlCENSE OR PER1'UT HOLDER REQUESTS A TRANSFER FROM THE LICENSING OFFICER; AND 2 . TRANSFEREE MEETS ALL CONDmONS REQUIRED BY THlS TITLE ; AND 4 • • 3 . LICENSE OR PERM1T IS SUJUlENDERED ; AND ,. THE UCENSB oa PEllMIT HOLDER OBTAINS WlUTrEN APPROVAL FllOII THI LICENSING OfflCER. B. uroN APPROVAL OF THE TRANIJFER THE u L!ENSINO OfflCER SEIALL COLLECT A TRANSFER FEE AND ISSl;E A NEW LICENSE OR PTraMIT FOR THE UNEXPIRED TIRM OF THE 'l'RANSFERRED IJCENSE 01'. PERMIT . 5•1•7 LICENSE OR PERMIT AVAJLABLE FOR IN8PEC110N1 THE LICENSE OR PERMIT HOLDER SHALL MAKE THE l,tCENSE OR PERMIT IMMEDIATELY AVAILABLE TO ANY PERSON FOR INSPECTION AT ALL TIMES . 5•1•8: BEARINGS, ORDERS, AND APPEALS: A. WHEN A CITY OFFICIAL REPORTS A VIOLATION OF THIS TITLE, CODE, LAW , STATUTE, OR ORDINANCE, THE UCF:NSING OfflCER SHALL ISSUE A PROVISIONAL ORDER TO COMPL'r. l . THE PROV'J:ilONAL ORDER, AND ALL OTHER NOTICES ISSUED IN COMPLIANCE WITH TIDS TITLE , SHALL BE IN WRITING , SHALL BE SERVED AS PROVIDED IN THE ENGLEWOOD MUNICIPAL CODE, AND SHALL NOTIFY THE LICENSE OR PERMI'I' HOLDER OF THE SPECIFIC VIOLATION(S ). IF THE LICENSE OR PERMIT HOLDF ii CAN NOT BE SERVED IN THIS MANNER , THE PREMISES MAY BE POSTED . 2. BEFORE THE PERIOD OF COMPLIANCE EXPIRES , AS NOTED IN THE PROVISIONAL ORl'ER, 1'HE LICENSE OR PERMIT HOLDER OR THE Cl'!''/ MAY SUBMIT A WIU'ITEN APPLICATION Ff'it HEARING . THE LICENSING OfflCER SHALL ORDER A HEARING AFl'ER REVIEWING THE APPLICATION . 3 . THE LICENSING OfflCER SHALL ORDER A HEARING wt'l'HIN FOURTEEN (14) DAYS OF THE RECEIPT OF THE APPLICATION FOR A HEARING . 4. THE LICENSING OFFICER SHALL MAKE A FINAL DECISION IN WRITING , THIRTY (30 ) DAYS AFTER THE CONCLUCION OF THE HEARING . B. THE LICENSING OFFICER SHALL HAVE THE AUTHORITY TO REVOKE OR SUSPEND LICENSES AND PERMITS , TO EXTEND THE TIME FOR COMPLIANCE, TO GRANT A NEW HEARING , AND TO CR~NGE , MODIFY OR RESCIND ANY RECOMMENDATION OR ORDER. C. WHEN THE CO NDUCT OF ANY LICENSE OR PERMIT HOLDER , AGENT, OR EMPLOYEE IS SO HAZARDOUS TO THE PUBLIC HEALTH , SAFETY AND GENERAL WELFARE AS TO CONST ITUTE A DANGER TO HEALTH . SAFETY , AND WELFARE OF THE PUBLIC OR GIVE RISE TO 5 AN EMERGENCY, THE lJCINSING omCER SHALL RAVE THE AUTHORITY TO S'GMMARILY ORDER THE CESSArION 011 BUSOOlSS AND CLOSE THE P,F.EMISES Oil TO SUSPEND 011, REVOKE THE UCENSE OR PERMIT. UNLESS WAIVED IN WRITING, WITH TEN (10) DAYS AFTER THE ISSUANCE OF THE SUMMARY OIU'ER, THE UCENSING omcJER SHALL CONDUCT A HEARING. THE UCENSING OFFICER SHALL MAKE A FINAL DECISION IN WRITING, THIRTY (SO) DAYS AFTER TIU' CONCLUSION OF THE HF.ARING. D. ANY UCENSE OR PERMIT HOLDER AGGRIEVED BY A FlllAL DECISION OF THE LICENSING OfflCER SHALL IIAVE THE RIG.HT TO APPEAL TO AN INDEPENDENT HEARING OfflCER APPOINTED BY THE CITY. A WRITTEN APPEAL MUST BE FILED WITH THE CITY MANAGER WITHIN TEN (10) DAYS OF THE FINAL DECISION BY THE LICENSING •"'FFICER. 1. THE APPEAL SHALL INCLUDE A COPY OF THE ORDER OR DECISION OF THE LIC ENSING OFFICER AND A STATEME;,'IT BY THE LICENSE OR PE.RMIT HOLDER SE'ITING FORTH THE BASIS OF THE APPEAL. 2. THE CITY MANAGER SHALL FIX A TIME AND PLACE FOR HEARING THE APPEAL AND SHALL GlVE NOTICE TO THE APPELLANT AND LICENSING OFFICER. 3. TIIE INDEPENDENT HEARING OFFICER SHALL BE IJ.MITED TO A DETERMINATION AS TO WHETHER THE LICENSING OFFICER'S FINDING WAS ARBITRARY AND CAPRICIOUS . 4. THE FINDINGS OF THE INDEPENDENT-HEARING OFFICER SHALL BE GIVEN THE APPELLANT AND THE LICENSING OFFICER. 5 . IF THE I NDEPENDENT HEARING OFFICER MAKES A DETEfilllNATION THAT THE LICENSING OFFICER'S FINDING WAS ARBRITARY OR CAPRICIOUS , THE UCENSING OFFICER SHALL FOLLOW THE PROCEDURES AND HAVE THE POWERS SET FORTH UN!lER PARAGRAPHS, A, B, AND C, OF THIS SECTION TO MAKE CORRECTIONS AND ISSUE A NEW FINAL DECISION . E. NO CML OR ADMINISTRATIVE ACTION SHALL BAR OR PREVENT PROSECUTION IN MUNICIPAL COURT FOR ANY VIOLATION OF THIS CODE . S£i:l.ilm...2, Si,fety Clauses The City Council, hereby finds, determinea , a:.d decl ares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is p· omulgated for the health, safety, and welfare of tile public , and that this Ordinance is nec essary for the preservation of health and safety and for the protectios of public convenience and welfare. The Cit)• Council further determines that t! .J Ordinance bears a rational relation to tl:e proper legislative object sought to be obtained . Std:iml...a. Severa biiity If any clau se, sentenc e, paragraph , or part of thi s 6 • • • • Ordinance er the application thereof ID any penon er c~atanoe■ ■ball for any reuon be a,ijudpd by a court af OOlllpel&t juri1dictlon invalid, ■uch judpent 1h11l not affect impair er invalidate the remainder af this Ordinance or it■ applicaticm to other peno111 or ~tancea. ~ locon1i1kot Ordinance ■ All other Ordinance■ or portions thereof inconaiatent or conflicting with this Ordinance or any portion hereof an, hereby repealed to the extent of auch inconaiatency or conflict. ~ Effect pf a:m:nl pr mpdjfieation. The repeal or modification of any provision of the Code of the City of E1111 lewood by this Ordinance ahall not releaoe, extinguish, alter, modify, vr change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurftd under 11uch provision, and each provision ■hall be treated and held u atill remsining in force for the purpoaea of au1tainin11 any and all proper actions, suit■, proceedingo , and prosecutions for the enforcement of the penalty, forfeiture, or liability, a■ well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , dltered, or made in such actions, au.its, proceedings, or prosecutions . ~-&il..alu-The Penalty Provision of E .M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced. read in full , and pasaed on first reading on the 7th day of October, 1996 . Published as a Bill for an G:-dinance on the 10th day of October, 1996. Read by title and pasaed on fin,,, ,....ading on the 21st day of October, l P Published by title ss Ordinance No.'ti:', Series of 1996, on the 24 •.. • of October , 1996 . ~~. ~a-OA Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreg oing is a true copy }JLJhe Ordinance passed on final reading and published by title as Ordinance No.'6_, Series o 996. Loucrishia A. Ellis 7 COUNCIL COMMUNICATION Om AQenclallem Subject Oaober 7, 1998 Bill for an ordlnanc:e approving 10 ! i changes to T1l1e 5, Chapter 1 (G--') 111d removing the Chanler tram the moratorium . lnitlatad By I Staffs- Deoartmen1 of Financial Services Frank Grwlewicz Director COUNCIL GOAL AND PREVklUS COUNCIL ACTION This bill for an on:tinanoe makes changes to Tille 5, Chapter 1 of the City Code, and removes 1his Chapter from the miscellaneous licensas moratorium enacted by the City Council. At 1he Maye, 1996 study s.slon, staff disalssed the pmposed monatoriumwith the Council . On June 3, 1990, the City Council read and passed On:tinance 25 , Series or 11198 on final reading . This On:tlnance establlShed the moratorium to nm from June 10, 1990 to 09cember 10 , 19911. RECOMMENDED ACTION Staff recommends City Council IPl)!Ove 1his bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Trtle S, Chapter 1 Wa! part of the moratorium that began on June 10 , 1996 . The provisions in Chapter 1 are general in nature and apply to all licenses issued under Tille 5. There are only minor changes made to this Chapter. The most signifocant change ls 1he manner in which fees are establ ished. Fees will be reviewed and set by City Council resolution . No attematives were identified . FINANCIAL IMPACT Th is Chapter does not in Itself impad the General Fund revenues . LIST OF ATTACHMENTS Copy of a bill for an on:linance Copy of proposed T rtle 5, Chapter 1