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Home My WebLink About1996 Ordinance No. 056• • • ORDINANCE NO.~ SERIESOF 1996 BY AUTHORI7'Y COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDillANCE REPE,UJNG TITLE 5, CHAPTER 12, SECTION lA, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUCTIONEER LICEN:!ES AND ENACTING A NEW CHAPTER 18, AUCTIONEER AND WHICH REMOVES AUCTIONEER FROM OIIDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Englewood City Council established a temporary suspension or moratorium of certain milcellaneous bu siness licenses for a period of six months with the passage of Ordinance No . 2ti , series of 1996; and \VHEREAS , the ruoratorium or temporary suspension included auction eer licen ses; and WHEREAS, the City of Englewood licenses auctioneers to en sure qualifi ed persons engage in this end eavor ; and WHEREAS , proof of licensing by the State of Colorado will help ensure only qualified a pplicants a.re licensed; NO W, THEREFO RE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOOD , COLORAD O. AS FOLLOWS : Sl:!:l.ilmJ.. Th e City Co uncil of the City of Englewood , Colorado hereby repeals Title 5, Ch apter 12 , Section IA, of the Englewood Municipal Code 1985 , and enhcts a new Cha pter ,8, entitled Auctioneer which shall read as follows : CHAPI'ER18 AUCTIONEER SECTION : 5-18-1: DEFINITIONS 5-18-2: LI CENSE REQUIRED 5-18-3 : APPLICATION FOR L!CE:-ISE 3-18-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOW I NG DEFINITIONS APPLY: -1- AUCTION: AUCTION BOUSE: AUCTIONEER: ITINERANT AUCTIONEER: A PUBLIC SALE OF LANDS AND GOODS TO 'i1!E IDGHESJ BIDDER BY A i JCENSF,D AND AUTHOPJZED AUCTIONEER OR ITINERANT AUCTIONEER . AN ESTABLISHMENT THAT REGULARLY HOLDS PUBLIC AUCTIONS IN THE CITY OF ENGLEWOOD . A PERSON LICENSED TO SELL LANDS OR GOODS OF OTHER PERSONS AT PUBLIC AUCTION . AN AUCTIONEER TRAVELING FROM PLACE TO PLACE WITHOUT A PERMANENT BUSINESS LOCATION IN THE CITY OF ENGLEWOOD . 5-IS-2: LICENSE REQUIRED: IT SHALL BE UNL\WFUL TO HOLD AN AUCTION , OPERATE AN AU CTION HOUSE , OR PE1'FOl>;,i THE SERVICES OF AN AUCTIONEER OR ITINERANT AUCTIONEER WITHOUT A LICENSE AS REQUIRED BY THIS CHAPTER. 5-ls.3: APPLICATIONFORLICENSE: A . THE APPLICATION FOR AN AUCTIONEERS LICENSE SHALL BE MADE IN ACCOR DANCE WITH THE PROVISIONS OF TITLE 5. CHAPTER l. 8 . I N ADDITION, EACH APPLICANT SHALL PROVIDE PROOF OF CU RRENT LICENSING UNDER THE STATE OF COLORADO . ~-Lic ense Fee: License fees for this Chapter shall be determined and s C't by City Council in accord ance with 5-1-8 of this Code. Smum..a -Lic enses required : It shall be unl awful for any person to act as an Auctionee r without first procu rin g a lic ense. All provisions of Chapt er 1, of thi s Title are app li ca bl e as well as those speci al provisions li sted below. ~-The Englewood City Co un cil esta bli shed a t emporary suspensi on or moratori um of certain miscellaneous bu siness li ce nses for a period of six months with the passage of Ordinance No. 25, serit>s of 1996 and now removes the fo!loY.'Ulg lice ns es fr om th e mo ratorium : Auc tion Aucti one e r Au ction House Itinerant Auctioneer . -2- • • • • • ~ ~...cu.iiau.. The City C'ouncil, hereby finds , determines, and declares that thi• Ordinance i1 promulgated under the general police power of the City of Enclewood, that it ia promulgated for the he .. tth, safety, and welfare of the public, and that this Ordinance ia nece11ary for the preservation of health and s afety and for the prot::..--:ion of-public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation ID the proper lefisl,ative object eought to be obtained. ~-Srnrllil.il.i1x. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof ID aoy person or circumstances shall for any reason t,,, adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . ~ Inconeistent On~:D..&D..C..e.L All other Ordinances or portions thereof inconsistent or conflicting with "his Ordinance or any portion hereof are hereby repealed to the extent of such in n1...,sistency or conflict . ~-Effect of repeal or muJill.·lll..isul.. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release. ex tinguish, alter, modify, or change in whole or in part nny penalty, forfeiture , o, liability, either civil or criminal , which shall have been incurred under SUCJ.1 provision, and each provision shall be tn~ated and held as still remaining in force fo r the purposes of s us taining any and all proper ac tions , suits, proceedings, and prosecutions for th ~ enfo rcem ent of the penalty, forfeiture. or liability, as weil as for the purpose of sustaining any judgmen t, decree, or order which can or may be rendered, entered, or ma •Je in such actions , suits , procped ings, or prosecutions . ~-:&nal.tJ . The Penalty Pmosion ofE.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 4th day of November, 1996 . Published as a Bill for an Ordinance on the 7th day of November, 1996 . Read by title and passed on final reading on the 18th da y of November, 1996. Publis hed by titl e as Ordinance No .5',. Series of 1996, on ti,, 21st day of Nov e mb er. 1996 . ~ · · dfth LoucrishiaA.EJlity Clerk .3. I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby • certify that the above and foregoing is a true copy of the Ordinance puaed on final ......... ,..~,_,,,.., ... ,,,._ •• ..,_.'77'· -.. A.flt, ~ • -4-• • • • COUNCIL COMMUNICATION Date Agenda Item Subject November•· 1996 Bill for an ordinance creating a new 10 a i'ii Chapter 18 (Auctioneers) In Tille 5 of the Ctty Code, and removing the license from the moratorium. Initiated By I Frank Grvalewicz Staff Source Deoartment of Flnancl•I Services Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance creates a new Chapter 18 in Tltle 5, of the City Code . This action i,i a result of the moratortum being In effect . At the May 6, 1996 study session, staff discussed the proposed moratortum with the Council . On June 3, 1996 , the Cit y Council read and passed Ordinance 25, Sertes of 1996 on final reading . This Ordinance established th e moratortum to run from June 10, 1996 to December 10, 1996 . RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Trtle 5, Chapter 12 was part of the moratorium that began on June 10, 1996 . Numerous licenses are included in this Chapter, including Garage Sales , Direct Sellers, Itinerant Vendors , Auctioneers, Pawnshops, Police and Detective , Chrtstrnas Tree Dealers, Convalescent and Rest Homes, and Going Out of Business licenses:-Th is lice nse is broken out into tts own Chapter for ease of use. Tlle only changes to the provisions for this license indude how license fees are set by resolution, adding definitions , and cleaning up Chapt er language. This proposed ordinance will remove this license from the rnoratortum. No attemalives were ident ified . FINANCIAL IMPACT The City of Englewood C'liiected $50 .00 In fees for this license in 1995 . LIST OF ATTACHMENTS Copy of a propos ed bill for an ordin ance Pnnted on R~c-yc:lea Papef ,it