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Home My WebLink About1996 Ordinance No. 055ORDINANCE NO. 65' i:lERil!S OF 1996 BY AU'l'HORITY 10 b 1 COUNCIL BILI, NO. 61 INTRODUl~D BY COUNCIL MEMBER HATHAWAY AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDffiONAL PERIOD OF FOUR MONTHS . WHEREAS , the Englewood City Council eetablished a temporary suapenBion or morab::Jrium on certain miscellaneous business licenaea for the J)f'riod of June 10, 1996 through December 10, 1996; and WHEREA • the current milcellaneoua bu siness licensing procedures are antiquated and need to be updated; and WHEREAS, City Council has directed 1taffto review and revise, if necessary, the miscellaneous business licenses for the City; and WHERE.AS , staff will need additional time to review and coordinate the miscellaneous business licen.aiug provision s of the Englewood Municipal Code; and WHEREAS, Council deems it necesaary to coordinate the review of its miscellaneous businesses licenses and finds it appropriate to cease licensing until th~ review and revised procedures are reviewed by die staff and City Counci!: and WHEREAS, the Englewood City Council has also directed City staff to review the Broadway corridor zoning and appropriate uaes for the corridor and has recently included industrial zoning to this request; and WHEREAS, the City Council h as indicated that the study of the Broadway retail co rridor and indu strial zoning should be coordinated with the updating of licens ing; a nd WHEREAS, in order for the City to comply with the arguments made in ilL..Lim.i1f:ll ~._, of Englewood-Case No. Af6CV1243, the moratorium or temporai y s uspension must apply to all miscellanet"lus business liceu:es unless specific exemptions can be legitimately set forth based on a finding that a particular type of business should be e><cluded from that section of the Code has been revi1ed ; Md WHEREAS, the revisions to the miscellaneous buainesa licenses and the updating of the Broadway corridor and industrial zoning will help protect the public health, safety and welfare by : preserving the sound fiscal balance for the City in providing municipal services within the City limits ; by maintaining a sound balance between available public resources, facilities and services and the demands for s:uch .,. rices; and by preserving • safe, healthy, and sound environment within the City; a n d WHEREAS, th• citizens of Englewood and the City Council have determined that revisions to the current zoning along the Broadway corridor and th e current ind•.atrial IOllUII 111'11 ~ to promot,,, coordinate, innovate, bish quality plan to produce a well balaoced corridor in the City; and WHEREAS, the City Coww:il finda that an Additional four month moratorium or temporary 1u1pennion of lic:enainc ii neceuary to implement the liceming revision■ and to provide time for the Broadway corridor and induatrial revi■ions study; and WHEREAS, the liquor licenlling provisions adequately insure a need• and deairel testing of applicants and should therefore be ei,ernpt from tbi1 temporary smpension or moratorium; and WHEREAS , ■euonal or nne time buaineue■ will not aignificantly impact the miscell11neous business licensing or zoning of the Broadway corridor and ahould therefore be ei,empt from this temporary 1uspen1ion or moratorium ; and WHEREAS, the following licenoe• have beeo reviaed and amended by Council and the temporary l\dpelllinn or mor~torium bu been lifted : Amusement Arcade Licensu:. Amusement Center License. Arborist Liten1e. Billiards and Pool Hall Licen■e . Bowling Alley Licen se. Ca rnival License . Circu s Llcenae. Contractor Licensing: Clau A. Class B, C!ass C, Clu. D, Clase E , and Class F. Food Vendor License. Ice Cream Vendor Lic ense. Public Dance or Ball License. Shooting Galleries. Certificates of regiatratillnll for electrical, plumbing and plumbing/mechanical. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT THE TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSiNESS LICENSES SHALL CONT INUE THROUGH APRIL 10, 1997 , AND SHALL CONTAIN THE FOLLOWING PROVISIONS: ~-Said moratorium or temporary suspen.,ion of mi sc eUan ,~us bu siness licenses shall include the following : Automobile Wrecking or Junk Yard License. Auction House License. Adult Book Store Licenoe. Adult Motion Picture Theater Licens e. Adult Dancing Establishment. ConvaleBcent and Rest Home License . Direct Selling License. Itinerant Auction eer Lic ens e . Itin erant Show Lice J'l "-2. Mass age Th erapy Clinic License . -2- ) Muaqe Therapl1t LieenMI. 11 .... ,.. Therapl ■t Clinic . Pawnbroker Licen■e . Police and Detective S.,-.,icee (private firm■) Liceme. Temporary Employment Service■ Licen ■e . ~-Said moratorium or tempor1u y suapenlion of misc:ellaneo115 b11Sine■1 lie.....,. &hall not include tlie following: Alcohol Beverages State and local control). Chri ■tmas . Tree Dealers (Seaaooal ). Going Out of Bu1in011, Fire, Smoke and Water Damaged Good s Sales (temporary in nature). Amu sement Arcade 1.i,:ense . Amuaem ~ut Center Llceose . Arbon.at Liceoae. Billiards and Pool Hall License . Bowling All ey License . Carnival License . Circus Liceru ,e. Contractor L. cenain g: CJ.,.. A, Class B, 01 ... C, Class D, Class E , and Class F. Food Vendor Ucen ■e. lee Cream Vendor License. Public Dance or Rall License . Shooting Galleries. Certificate■ of registrations for electrical, plumbing and plumbing/mechanical . S!:,rJilm..a . The Englewood City Cuuncil directs City staff to develop appropriate recommendations to Council, to be consiltent with this Ordinance and to p1-ovide an updating of the City licensing procedure for miacella:,eous business licenses and to pro,;de recommendations as to industrial zoning and the zoning of thA Broadway corridor . ~-The City Council finds the provisions or this Ordinance are temporary in nature and are intended to be replaced by subsequent legislative enactment. The temporary suspension of mi scellaneous business licenses as specifi ed in t his Ordinance shall terminate on April 10, 1997 . Introduced , read in full , and passed on first reading on the 4th day of Novemil.r, 1996 . Published as a Bill for an Ordinance on the 7th day of November, 1996. Read by titl• and passed on final reading on the 18th day of November, 1996 . -3- Published by title as Ordinance No.~ Series of 1996, on the :n1t day of November, 1996. 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 paa1ed on final •-""' '"''''""' ,.,. u o••-••~~ _4(//.,. Lou,'riahia A. Ellis -4-I COUNCIL COMMUNICATION Date Agenda Item Subject Novem ber 4, 1996 BIii for an o: :i :sance extending the 10 a i momonum on 1'\lscellaneous llcens,3 Into effect from December 1 O 1 Q98 throuoh Anni 1 O 11197 Initiated By I Staff Source Deoartme nt of Financial Serv ,ces Frank Grvalewicz Dlreuor COi INCIL GOAL AND PREVIOUS COUNCIL ACTION The Ctty Council has set the goals of Improving the business and residential qualtty of Ille In the Ctty. This bill •.r ordinanc.e will allow the City additional time to review Its current licensing and zoning requirements . At the May 6, 1996 study session, staff discussed the proposed moratorium with the Council On June 3, 1996, City Council adop:ed Ord in ance 25, Series 1996 establishing the original moratorium . This proposed bill for an ordi na.ice, ext ends the miscellaneous licenses moratorium In the c ·,ty of Englewood an additional four months . City Cc~.,cil originally Imposed a moratorium on misce llan eous licenses from July 10, 19961hrough December 10, 1995. This proposed extension to April 10, 1997 will gi ve :.iaff more time to review licenses and complete 1he studies of I;:ensing and zon ing Impacts . If appl icable, staff will make recor.,mendations to Council , and brtng 1he necessary actions to update the Ctty Code. Also , staff will review fe es a v. pro cedures regarding mi=llaneous licensing . RECOMMENDED ACTION Stall re com mends City Council approve thi s bill for on ord inance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Financial Serv ices and Neighborhood and Business Development personnel have been ,ror1<ing to rev ise the City 's mi scella ne ous lice nses and finalize a comprehens ive South Broadway plan . A number of the licenses nave alread y bee n rev iewed, re vised , and discussed with City Council. The project has been more complicated and time consuming tha n originally planned , and some of the zoning and license reviews have not !:'<!en comptcle<J as thoro ughly as desired . In order to complete this project to the satisfaction of st aff, Council , citiz ens, and the bus iness community , an extension of four months is requested . Altemal ive ly , st aff could continue review the remaining chapters In Trtle 5 and zoning without a moratorium , but there is a ri sk of businesses be ing licenS<.d that would not otherwise be licensed aner studies are completed . This could lead to a t,,,siness mix that negatively impacts both citizens and business owners . FINANCI AL IMPACT During the moratorium period some licenses wilt not be issued , no r wilt license fees be co llected The amount of lost rev enue should not have a majo r impact of the City's total revenues . LIST OF ATTACHMENTS Co py of a bill for an ordina nce .