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Home My WebLink About1996 Ordinance No. 057• • • OllDINANCE NO . 57 S'i:RIES OF 1996 nY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTER 12, SECTION lA, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTA!NlN'.l TO CHRISTMAS TREE DEALERS LICENSES AND ENACTING A NEW CH.APTER 12, CHRISTMAS TREE DEALERS. WHEREAS , unlicensed Christmas Tree dealers may leave site• littered with un-sold trees aft.er the Christmas oeasnn; and WHEREAS , a premi••• restoration deposit is required to ensure the licenaed pre mi ses is cleaned and restored in a timely mann er; NOW , THEREFORE , BE IT ORDAINED &Y THE CITY COUNCIL OF THE CITY OF El\GLEWOOD, COLORADO, AS FOLLOWS : CHAP1ERl2 CHRIS'INAS TREE DEALERS SECTION : 5-12-1 : DEFINITIONS 5-12-2: LICENSE REQUJRED 5-12-3 : APPLICATION FOR LICENSE 5-12-4 : SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE 5-12-1: DEFINITIONS: CHRISTMAS TREE: AN EVERGREEN OR ART!.FICIAL TREE WHICH JS TO BE DECORATED WITH LIGHTS AND ORNAMENTS IN THE INTERIOR OF A HOME, BUSL'IBSS, OR OTHER PLACE DURING THE CHRISTMAS SEASON . 5-12-2: MCENSE REQUJRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO MAKE CHRISTMAS TREE SALES PRIOR TO OBTAINI NG A LICENSE FROM THE LICENSING OFFICER EXCEPT FOR THE FOLLOWING : A. GREEl'<HOUSES HOLDING A VALID CITY SALES TAX LICENSE . B. TREE AND PLANT NURl!il!RIES HOLDING A VALID CITY SALES TAX LICENSE. 5-12-3: APPLICATION FOR UCENSF~ A . THE APPLICATION FOR CHRISTMAS TREE DEALER SALES LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B . IN ADDmON THE APPLICANT SHALL BE REQUIRED TO PROVIDE A DEPOSIT FOR RESl'ORATION OF THE LICENSED PREMISES. 5-1~: SPECIAL CONDmONS AND RB8'11UC110NS OF 'I1IE LICENSE: IN ADDITION TO LICENSING CONDITTONS SET F"ORTH IN CHAPTER l OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY : A. RESTORATIO U>F LICENSED PREMISES: LICENSED CHRISTMAS TREE DEALERS SHALL AGREE TO RESTORE THE LICENSED PREMISES TO THE ORIGINAL CONDITTON NO LATER THAN TEN (10) DAYS FOLLOWING DECEMBER 25. IF THE LICENSE HOLDER FAILS OR REFUSES TO RESTORE THE PREMISES AS REQUIRED, THE CITY LICENSE on'ICER SHALL ORDER THE AREA CLEANED AND RESl'ORED TO ITS FORMER CONDITION . ALL COSTS OF THE CLEANING SHALL BE BORNE BY THE LICEN!>!'; HOLDER . THE LICENSING OFFICER SHALL INVOICE THE LIC.'rnSE HOLDER FOR ANY COSTS IN EXCESS OF THE DEPOSIT, OR RETURN A~:Y UNUSE D PORTION OF THE DEPOSIT TO THE LICENSE HULD ER. Siltlirn..2 . License Fee : License fees for this Chapter shall be determined and set by IJity Council in accordance with 5-1-8 of this Code. f'~. Licenses required : It s hall be unlavdi.il for any penon to act as a C.1rect Sell~r or Itinerant Vendor withou t first procuring a license . All provisions of Chapter l , of this Title are applicable as we ll as those special provisions listed below . ~-Safety Clauses 1'he City Council, hereby find s , determines, and declares that this Ordinance is promulgated under the ge neral police power of the City of Englewood , that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health and s afety and for the protection of public convenience and welfare. The City Council further d etermines that the Ordinance bears a rational relation In the proper legi slative object so ught to be obtained . ~. SeverabilitY If any clause, s~ntence, pctragraph, or part of this Or dinance or the appli cation thereof to any pen.nn or circumstances shall fo r any reason be adjudged by a court of competent jurisdicti on invalid, such judgment s hall not !lffect impair or invalidate the remainder of this Ordinance or its ap plica tion to ot her persons or circumstances . -2- • • • • • ~ llwl.111llkPt Ordipapcee All other Ordinanc11 or porlion1 thereof incon•i1tant or conflictin1 with thia Or dinance or any portlcm hereof are hereby repealed to the extent of ouch inCOD1i1tency o~ conflict. ~ Effect of repeal pr modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance ■hall not release, extinguish, al!A!r, modify, or change in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held aa still remaining in force for the purpoaes of sustaining any and all proper actiona, suits, proc eeding&, and prosecutions for the enfon:ement of the penalty, forfeiture , or liability, aa well aa for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or mad e in such actions, suits, procEedinp, or prosecutions . ~-&wlJ.tx. The Penalty Provision of E .M.C. Section l+l shall apply to each and every dolation of th.is Ordinance . Introduced , read in full , and pa11ed on first reeding on the 4th day of November, 1996. Published es a Bill for an Ordinance on the 7th day of November, 1996 . Reed by title and passed on final reeding on the 18th day of November, 1996. Published by title es G.-linenCP No. 21, Series cf lfll)I;, on the 21Bt day of November, 1996 . I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby certify that the above end foregoing is a true copy of the Ordinance passed on finoJ .,, • .,M ,,.,~,, o,o<• • o,a•m• No SJ~t! 14 Loucrishie A. Ellis -3- • • COUNCIL COMMUNICATION r Date Agenda Item Subject November 4, 1996 <1111 for an Ofdlnance creaUng a new 10 a i V Chapter 20 (Christmas Tree Dealers) to TH le 5 of the Cllv Code . Initiated By I Staff ·-· Department of Financial Services Frank Grvolewlcz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Th is bill f~r an ordln&;lC& antes a new Chapter 20 to rrt1e 5 of the City Code . This action Is a result of the moratorium being In ef ect . Al lht May 6, 1900 study session, s1aff discussed the proposed moratorium with the Council. On June 3, 1996, the c,ty Council read and passed Ordinance 25, Series of 1996 on final reading . This Onllnance es1abllshed the moratorium to run from June 10, 1996 to December 10, 1991'. RECOMMENDED ACTION staff recommends City Council approv e this bill for an ordln llnce . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIF tED Title 5, Chapter 12 was part of the moratorium that began on June 10, 1900. Numerous licenses are Included in this Chapter, Including Garage Sales , Direct Sellers , Itinerant Vendors , Auctioneers , Pawnshops , Police and Detective, Ch ri s1mas Tree Dealers, Convalc,scent and Rest Homes , and Going Out of Busi ness licenses . This license is broken out In to Its own Chapter f'o r ease of use . Chris1 ma s Tree Dealers were excluded from the morato ri um . Th e only changes to lhe provisions for this licen se are how license fees and deposi ts ere set by resolut ion . No altematives were idenlifted . FINANCIAL IMPACT Th e City of Englewood collected $40 .00 In fees for th is li cense In 1995 . LIST OF ATTACHMENTS Copy of a proposed bill for an ordinance