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HomeMy WebLinkAbout1996 Ordinance No. 047• • • OPDINANCE NO ,L[j_ HERIES OF 1996 BY AUTHORITY COUNCIL BILL NO. ~1 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO FOOD VENDORS AND RE- ENACTING A NEW CHAPTER 4, AND WHICH REMOVES FOOD VENDORS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, OOLORADO . WHEREAS, the Englewood City Council eatabliahed a temporary sUlpeMion or m01'8!Drium of certain miacellaneoua business licenaes for a period of six months with the passage of Ordinance No. 25, series of 1996; and WHEREAS, the mo••tDrium or temporary suspension of food vendors licenses; and WHEREAS, a seP'!!"'te liceme for food vendors is necessary due t,, the impact this activity may have on the public's health and safety if not regulated; and WHEREAS, due t,, the unique aspects of this activity, additional lice nse requirements are inch1<ied ; and WHEREAS, hea'1th code compliance is included t,, insure that food items sold are safe for public conuumption; and WHEREAS, due t,, the indivi dualized aspect offood vending, these licensee are unique to the busine ss and therefore only valid for the location set forth in the license; and WHEREAS, due to health and safety concerns related to this license, the lic ense is granted to the original license holder only and no, transfer•bl e; and WHEREAS, the nature oft.his busineu imposes a higher risk of physical injury and illness to the public, therefore, proof of insurance is required for this license; and \VHEREAS , ic e cream 6Ules from vehicles Ufl ing audible advertising may be deemed a public nuisance , the im pact is on the public is minimized by hours of operation and requirements in this Chapter; and WHEREAS, the hours of operation also imposed are to protect the sa{ety of children; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~-The City Council of the City of Englewood , Colorado hereby amends Titl e 5, Chapter 4, of the Englewood Municipal Code 1985, by repealing and r e-enacting Chapter 4, to r oad as follows : SECTION : 5-4-1 : Definitio1111 5-4-2: License Required 5-4-3 : Application For License CIIAPIDl4 POODVENDORB 5-4-4 : Tenn Of Food Vendors Licensee 5-4 -5: Special Cmditiona And Reatrictiona Of License 6-4-1: DEFINn .oNS: IN ADDmON TO THE DEFINITlONS lJSTED IN E. M. C. 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS RELATING TO THE LICENSING OF FOOD VENDORS, THE FOU.OWING TERMS , PHRASES, WORDS, AND THE DERIVATIONS SHALL HAVE THE MEANINGS HEREIN : FOOD VENDOR: FOOD PRODUCTS: ICECREAM~ PARK: SIDEWALK or SIDEWALK AREA: STREET: A licmu,ed vendor :if food pn,ducta. Food products prepared and proce88ed for immediate C011Sumptiou . Food products shall not apply to grocery stores and similar establishments wh.•Te food is not prepared or so ld routinely for im.:sediate consumption. The sale of ice, ic:ee, frozen cuatard, ice milk, frozen yogurt, and lherbert, prepared , processed and sold for immediate consumption . Park means any property dedicated for such purpose and shall also include the walkways and fountain area of the Englewood Plaza and walkway• and bike paths of Little Dry Creek Flood Plain and sidewalk.s acljacent to parka. The South Suburban Recrutional District parks located in the municipal boundaries of Englewood shall be considered a park. That portion of a publicly maintained 01 declared to be a public street or highway by any law of this State or any Englewood ordinance between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. The entire width between the boundary lir es of every way publicly maintained , when m y -2- • • • • • • VEHICLE, part th. -.dla ope,.. die -of the publi.c for plUpOHI of~ tnftl or the mlin ,ridth or eveey way dedanNI to be a public ltreet or hlshft7 by any law orthla State cc any ordinance of thla City. Every device in, upon or by which any penon or property l1 or may be tranaported or drawn , irreapective of the eoun:e &om which the power w propel uid vehicle may come and irreap<ictive or the number or wheel• or uid vehicle . M-Z: LWENSEREQUIRED: ITSHALL.BEUNLAWFULFORAFOOD V£NDOR TO ENGAGE IN BUSINESS ?.RIOR -:'v OBTAINING A LICENSE FROM THE LICENSING OFFICER. M-3: APPLIC\nON FORUCENSE: A . THE APPLICATION FOR A FOOD VENDOR LICENSE SHALL BE MADE IN ACCORDANCE ,VITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B . IN ADDITION THE APPLICA~'.T SHAiL BE REQUIRED TO PROVIDE THE FOLLOWING : M-4: SPECIAL CONDfflONS AND RESTRICTIONll OF LICENSE: IN ADDITION TO LICENSING CONDITIONS SET FOR IN CHAPTER l OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY . A. lNSJ.lRANCE REQJJil,ED : LICENSE HOLDFJIS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE : 1 . ALL MOTOR VEHICLES USED IN THE OPERATION OF THE LICENSED BUb"lNESS SHALL BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO. 2 . COMPREHENSIVE GENERAL IJABILITY WITH A MINIMUM COMBINED SINGLE lJMJT OF LIABILITY FOR SODILY !NJ' 'RY AND PROPERTY DAMAGE OF ON,: HUNDRED THOUSAND DOLLARS ($100,000 .00) PER OCCURRENCE AND AGGREGATE . FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR TMMEDIATE REVOCATION OF THE LICENSE B. LICENSES GRANTED UNDER THIS CHAPTER ARE NOT TRAN SFERABLE . -3- C. lCIU'.IIIA.IUIA: ICB CUA)( VENDOl!S USING VSBICLES ON CITY ffllDT8 war OBTAIN A FOOD VENDOR UCENSE • STRUTS AND SIDEWALKS AND SHAL\. COMPLY WlTH THE FOLLOWING ADD.mONAL REQUIREMENTS : l. HOURS OF OPERATION ARE PERMJTl'ED BETWEEN NINE O'CLOCK (9 :00) A.M. AND SUNSET . 2 . ANY AUDIBLE ADVERTISING SUCH AS MUS,!C, CHIMES, VEIWAL ANNOUNCEMENTS OR OTHER SOl ,ND MUST BE TURNED OFF WHILE THE VEIDCLE IS AT RF.ST . D. HEALTH CODES J.JCENSE HOLDERS ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPUCABLE IIWNICIPAL AND STATE HEALTH REGULATIONS AS ADMINISTERED BY THE ARAPAHOE COUNTY TRI-COUNTY HEALTH DEPARTMENT . E. LOCATION UCENSE HOLDERS MAY VEND ONLY IN THOSE AREAS SPECIFICALLY SET FORTH IN THE LICENSE . ~. Licensee fees for this Chapter shall be determined and set by City O,uncil in accordance with 5-1-8 ofthio Code . Sl:s:lilw...a. The Englewood City Council eetabliahed a temporary 1111pen,:on or mo,ato ri um of certain mir..c ellaneow, b11aineu licenaea for a period of IU moot.he; with the passage of Ordiuance No. 25, a,.!ries of 1996 and now removee the following licenses from the moratorium: FOOD V-.,;NDOR UCENSES . lll:s:tilm...... Safety Clause• The City Council, hereby finds, determines, .nd declares that this Ordinance i1 promulgated under the general police .,ower of the City of Englewood, that it iB pron.ulJated for the health, aafety, and welfare of the public, and that thia Ordinance ia neceuary for the preaervation of health and safety and for the protection of public convenience and welfare. The City Council further devirminea that the Ordinance bear& a rational relation to the proper legis lative object sought to be obtained. ~-Seve.rabilitv If any clause, senteoce1 paragraph , or part of this Ordinance or the application thereof to any penon or ci rc umetancea shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect impair or in validate the remain der of this Ordinance or its application to other persons or circumstances . 5..wiml....6.. Jnronaietent OrN~ All other Ordinances or porti ons thereof inco nsiateot or confiicting with tbia Ordinance or any portion hereof are hereby repealed to th e extent of such inconsi stency nr conflict. -4- • • • • • ~ Meet pf repeel or modification The repe,-J or modificatio11 of any provilion of the Code of the City of &glewood by this Ordinance ahall not releaae, extinguiab, alte, modify , or change in whole or i.n plat any penalty, forfeitun!, or liability, either civil or criminal, which shall have been incurred under such proviaion, and each proviaion ahall be treate<i and held aa etill remaining in forc e for the puri-of 1uataining any and all prop,,r actiona , 1uita, proceedings, and proaecutiona for the enfon.oment oftbe penalty, f,,rfeiture, or liability, as well aa for the purpose of au..1taining any jud 5ment, decree, or oNer which can or may bP rendel"OO., entered, or made in auc!1 actions , suits , proceedings, or proaecutiona . ~-~:\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 passed on first reading on the 7th. day of October, 1996 . Published as a Bill for an Ordinance on the 10th day of October, 1996 . Read by title and passed on final reading on the 21 st day of October, 1996 . Published by title as Ordinance No .t./J.., Serie, of 1996, on the 24th day of October , 1996 . I , Loucrisbia A. Ellis, City Clerk of the City ofEnglewoc,d, Colorado , hereby certify that the above and foregoing is a true copy jjf, the Ordinance passed on final reading and published by titl e as Ordinance No .-z;L, Series of 9q5 _ .5. • • Om October 7, 1996 COUNCL COMMUNICATION Agenda Item 10 a i i i Bill fc, •n eme,vency ortllnance approving .:hanges to TIiie 5, Chapter 4 (food DHlers) and removing the Chapter from the moratorium . lnltlillad By ::ie rtme nt or Financial Services Slllff Source Frank G lewtcz Director CC 1JNCIL GOAL AND P'tEVIOUS COUNCIL ACTION Th '.s bill for an ordinance rnakes dlanges to Trtk! 5, Chapter 4 of the City Code , and remr ,es this Chapter from the miscellaneous licenses moratorium In the City of Englewood . This bill for ordlnanc-• ,.,11 allow the City's stall to resume issu ing Contractor licenses. At the May 6, 1996 study session , stall disalssed the proposed moratorium with the Council. On June 3, 1996, the City Council read and passed Ordinance 25 , Series of 1998 on fin•: reading . This Ordinance established the moratorium to run from June 10, 1996 to December 10, 1996. RECOMMENDED ACTION Slaff rea,a,mends City Council approve this bil for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED rrtle 5, Chapter 4 1112s part of the moratorium -began on June 10, 1996. Food Vendor licenseS are required to ensure that onl y qualified vendors with adequate insurance and other requirements provide food services to the publ ic. Changes include extend ing licensing to food vendo!s on private property , changing the manner in wll ich fees are determ ined and set by Council, and req ui ring audible advertising be shut oll when an Ice cream vendor's vehicle is at rest .. A separate lice nse for food deale rs is necessa ry due to the Impact this act ivity may have on the public 's health and safety if not regulated . Food Vendors licenses have unique aspects that require add itional license requ ireme nts . Health code compliance is included to ensure that food Items sold are sa fe for public consumpt io n. Food vending is an ind ividualized activity , so these licen ses are unique to the business and there fore on ly valid for the location set forth in the license , nor is the license transferable . :osurance is required because th is bu si ness can pose significant ri. < of physical Injury and Illness to the public. The license requ ire s vendors or ice a-earn from vehicle s using audlute advertising to lessen the impact on the pub lic by setti ng hou rs of ope ration and requ iring vendors to tum off audible advertising wllen the veh icl e is at FOSI . No alternati ves were identifi ed . FINANCIAL IMPACT The City or Engl ewood colle cted $125 .00 in food vent.ors license fees in 1995 . LIST OF ATTACHMENTS Copy or a bill fo r an ordi nan ce Copy or proposed Tltle 5, Cha pter 4 r.. PMt•o 0'1 Actcycled P...,.,,Q!t_;.