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HomeMy WebLinkAbout1997 Ordinance No. 013ORDINANCE N0/.2 SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDITIONAL PERIOD OF FOUR MONTHS. WHEREAS , the Englewood City Council established a temporary suspension or moratorium on certain miscellaneous business licenses for the period of June 10, 1996 through December 10, 1996; and WHEREAS, the City Council of the City of Englewood extended the moratorium to April 10 , 1997, with the passage of Ordinance No . 55, Series 1996; and WHEREAS , an additional extension of 3 months (July 10 , 1997) will give staff more time to review licenses and complete the studies of licensing and zoning impacts; and WHEREAS , the current miscellaneous business licensing procedures are antiquated and need to be updated; and WHEREAS , City Council has directed staff to review and revise, if necessary, the miscellaneous business licenses for the City; and WHEREAS , staff will need additional time to review and coordinate the miscellaneous business licensing provisions of the Englewood Municipal Code ; and WHEREAS , Council deems it necessary to coordinate the review of its miscellaneous businesses licenses and finds it appropriate to cease licensing until the review and revised procedures are reviewed by the staff and City Council ; and WHEREAS , the Englewood City Council has also directed City staff to review the Broadway corridor zoning and appropriate uses for the corridor and has recently included industrial zoning to this request; and WHEREAS , the City Council has indicated that the study of the Broadway retail corridor and industrial zoning should be coordinated with the updating of licensing; and WHEREAS, in order for the City to comply with the arguments made in Or Limited vs. City of Englewood, Case No. A86CV1243 , the moratorium or temporary suspension must apply to all miscellaneous business licenses unless specific exemptions can be legitimately set forth based on a finding that a particular type of business should be excluded from that section of the Code has been revised; and WHEREAS, the revisions to the miscellaneous business 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 10 b i municipal services within the City limits; by maintaining a sound balance between available public resources, facilities and services and the demands for such services; and by preserving a safe , healthy, and sound environment within the City; and WHEREAS, the citizens of Englewood and the City Council have determined that revisions to the current zoning along the Broadway corridor and the current industrial zoning are necessary to promote, coordinate, innovate, high quality plan to produce a well balanced corridor in the City; and WHEREAS, the City Council finds that an additional four month moratorium or temporary suspension of licensing is necessary to implement the licensing revisions and to provide time for the Broadway corridor and industrial revisions study; and WHEREAS , the liquor licensing provisions adequately insure a needs and desires testing of applicants and should therefore be exempt from this temporary suspension or moratorium; and WHEREAS, seasonal or one time businesses will not significantly impact the miscellaneous business licensing or zoning of the Broadway corridor and should therefore be exempt from this temporary suspension or moratorium; and WHEREAS, the following licenses have been revised and amended by Council and the temporary suspension or moratorium has been lifte d : Alcohol Beverages (State and local control). Amusement Arcade License . Amusement Center License . Arborist License . Auction House License . Billiards and Pool Hall Licens e . Bowling Alley License. Carnival License. Circus Lic e nse. Contractor Licensing: Class A, Class B , Class C , Class D, Class E, and Class F. Food Vendor License . Christmas Tree Dealers (Seasonal). Certificates of registrations for electrical, plumbing and plumbing/mechanical. Going Out of Business, Fire , Smoke and Water Damaged Goods Sales (temporary in nature ). Ice Cream Vendor License . Itinerant Auctioneer License . Itinerant Show License . Massage Therapy Clinic License. Massage Therapist License . Massage The rapist Clinic . Police and Detective Services (private firms ) License . Public Dance or Ball License . Shooting Galleries . -2- .,........, . ..., NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT THE TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES SHALL CONTINUE THROUGH JULY 10, 1997, AND SHALL CONTAIN THE FOLLOWING PROVISIONS: Section 1. Said moratorium or temporary suspension of miscellaneous business licenses shall include the following: Automobile Wrecking or Junk Yard License . Adult Book Store License. Adult Motion P i cture Theater License . Adult Dancing Establishment. Convalescent and Rest Home License. Direct Selling and Itinerant Vendors License . Pawnbroker License. Temporary Employment Services License . Section 2 . Said moratorium or temporary suspension of miscellaneous business licenses shall not include the following : Alcohol Beverages (State and local control). Amusement Arcade License . Amusement Center License. Arborist License. Auction House License. Billiards and Pool Hall License . Bowling Alley License. Carnival License. Circus License . Contractor Licensing: Class A , Class B, Class C, Class D, Class E , and Class F . Food Vendor License. Christmas Tree Dealers (Seasonal). Certificates of registrations for electrical, plumbing and plumbing/mechanical . Going Out of Business , Fire , Smoke and Water Damaged Goods Sales (temporary in nature ). Ice Cream Vendor License. Itinerant Auctioneer License . Itinerant Show License. Massage Therapy Clinic License. Massage Therapist License. Massage Therapist Clinic. Police and Detective Services (private firms ) License. Public Dance or Ball License . Shooting Galleries . Section 3 . The Englewood City Council directs City staff to develop appropriate recommendations to Council, to be consistent with this Ordinance and to provide an updating of the City licensing procedure for miscellaneous business licenses and to provide recommendations as to industrial zoning and the zoning of the Broadway corridor . -3- Section 4 . 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 miscellaneous business licenses as specified in this Ordinance shall terminate on July 10 , 1997. Introduced, read in full , and passed on first reading on the 18th day of February, 1997. Published as a Bill for an Ordinance on the 20th day of February, 1997. Read by title and passed on final reading on the 3rd day of March, 1997 . Published by title as Ordinance No./3_, Series of 1997, on the 6th day of March, 1997 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy 9"t the Ordinance passed on final reading and published by title as Ordinance No . ~' Serie s of 1997. ~Rh Loucrishia A. Ellis -4- ·' COUNCIL COMMUNICATION Date Agenda Item Subject February 18, 1997 Bill for an ordinance extending the moratorium on miscellaneous 10 a i licenses into effect from April 10, 1997 through July 10, 1997 Initiated By Staff Source Department of Financial Services Frank Grvglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has set goals of improving the business and residential quality of life in the City. This bill for ordinance 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 adopted Ordinance 25, Series 1996 establishing the original moratorium. City Council originally imposed a moratorium on miscellaneous licenses from July 10, 1996 through December 10, 1996. The Council extended the moratorium until April 10, 1997 by approving Ordinance 55, Series of 1996. This proposed bill for an ordinance extends the miscellaneous licenses moratorium in the City of Englewood an additional three months. This gives staff more time to review licenses and complete the studies of licensing and zoning impacts. If applicable, staff will make recommendations to Council, and bring the necessary actions to update the City Code . Also, staff will review fees and procedures regarding miscellaneous licensing. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Financial Services and Neighborhood and Business Development personnel have been working to revise the City 's miscellaneous licenses and finalize a comprehensive South Broadway plan. A number of the licenses have already been reviewed, revised, and discussed with City Council. The project has been more complicated and time consuming than originally planned, and some of the zoning and license reviews have not been completed as thoroughly as desired. In order to complete this project to the satisfaction of staff, Council, citizens, and the business community, an extension of three months is requested. Alternatively, staff could continue review the remaining chapters in Title 5 and zoning without a moratorium, but there is a risk of businesses being licensed that would not otherwise be licensed after studies are completed . This could lead to a business mix that negatively impacts both citizens and business owners. FINANCIAL IMPACT During the moratorium period some licenses will not be issued , nor will license fees be collected. The amount of lost revenue should not have a major impact of the City's total revenues. LIST OF ATTACHMENTS Copy of a bill for an ordinance. ..{f \ Pr:nted on R ec yc!<:?d P a cer.'2~'