HomeMy WebLinkAbout1997 Ordinance No. 018ORDINANCE NO. Ji_
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 16
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL
CODE 1985 WITH THE ADDITION OF A NEW CHAPTER 19, ENTITLED
DIRECT SELLING LICENSES AND ITINERANT VENDORS LICENSES AND
WHICH REMOVES DIRECT SELLERS AND ITINERANT VENDORS FROM
ORDINANCE NO. 25 , SERIES OF 1996 AND COUNCIL BILL NO. 11, SERIES OF
1997, WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY
OF ENGLEWOOD, COLORADO .
WHEREAS , Direct Sellers and Itinerant Vendors licenses were originally
included in Title 5, Chapter 12 and were included in the moratorium that began on
June 10, 1996 and subsequently extended to July 10, 1997; and
WHEREAS , this new Chapter 19, creates a separate license which will ensure that
the City is aware of persons vending on an interim basis or directly to the public, e.g.
door-to-door sales; and
WHEREAS , the enactment of Chapter 19 will ease the use of these licenses and
clarify the definitions to ensure understand of license requirements ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby repeals Title
5, Chapter 12, Section 2, of the Englewood Municipal Code 1985, and enacts a new
Chapter 19, entitled Direct Sellers and Itinerant Vendors which shall read as follows :
CHAPTER19
DmECT SELLERS & ITINERANT VENDORS
SECTION:
5-19-1 : DEFINITIONS
5-19-2: LICENSE REQUIRED
5-19-3: APPLICATION FOR LICENSE
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10 b iii
5-19-1: DEFINITIONS:
CHARITABLE ORGANIZATION:
DIRECT SELLER
ITINERANT VENDOR :
ANY ENTITY WHICH HAS BEEN
CERTIFIED AS A NOT-FOR-
PROFIT ORGANIZATION UNDER
THE INTERNAL REVENUE CODE .
ANY PERSON WHO ENGAGES IN
THE SELLING OR OFFERING FOR
SALE OF ANY PRODUCT OR
SERVICE DIRECTLY TO THE
CUSTOMER REGARDLESS OF
WHEN THE PRODUCT OR
SERVICE IS AVAILABLE FOR SALE
OR USE .
ANY PERSON WHO ENGAGES IN
THE RETAIL SALE OF ANY
PRODUCT WHO DOES NOT
ACTIVELY ENGAGE IN RETAIL
SALES IN THE CITY OF
ENGLEWOOD FOR THREE (3 ) OR
MORE CONSECUTIVE MONTHS.
5-19-2: LICENSE REQUffiED: IT SHALL BE UNLAWFUL FOR ANY DIRECT
SELLER OR ITINERANT VENDOR TO MAKE A SALE WITHOUT FIRST
OBTAINING A LICENSE. EACH PERSON MAKING SALES FOR A DIRECT
SELLER OR ITINERANT VENDOR MUST BE SEPARATELY LICENSED .
5-19-3: APPLICATION FOR LICENSE :
A. THE APPLICATION FOR A DIRECT OR ITINERANT SALES LICENSE
SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE
5 , CHAPTER 1.
B. THE LICENSING OFFICER MAY ISSUE EXEMPTIONS TO CHARITABLE
ORGANIZATIONS , MUNICIPALITIES , OR THE STATE OF COLORADO
INCLUDING ITS AGENCIES AND DEPARTMENTS . AN APPLICATION
FOR EXEMPTION MUST BE FILED WITH , AND APPROVED BY, THE
LICENSING OFFICER PRIOR TO ANY SALE TO QUALIFY FOR THIS
EXEMPTION.
S e ction 2. License Fee: License fees for this Chapter shall be determine d and
set by City Council in accordance with 5-1-8 of this Code .
S ection 3 . Licenses required: It shall be unlawful for any person to act as a
Direct Seller or Itinerant Vendor without first procuring a license . All provisions
of Chapter 1, of this Title are applicable as well as those special provisions listed
below .
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Section 4. The Englewood City Council established a temporary suspension or
moratorium of certain miscellaneous business licenses for a period of six months
with the passage of Ordinance No. 25, series of 1996, extended the moratorium with
the passage of Council Bill No. 11, Series of 1997 and now removes the following
licenses from the moratorium:
Direct Sellers
Itinerant Vendors .
Section 5. Safety Clauses. The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general 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
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be 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.
Section 7. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 8. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part 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 as still remaining in force
for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 9. Penalty. 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 3rd day of March, 1997.
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Published as a Bill for an Ordinance on the 6th day of March, 1997 .
Read by title and passed on final reading on the 17th day of March, 1997.
Published by title as Ordinance No . Jl , Series of 1996, on the 20th day of March,
1997.
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy pJ the Ordinance passed on final
reading and published by title as Ordinance No.~ t:lrM:i
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
March 3, 1997 Bill for an ordinance adopting a new
Title 5, Chapter 19, Direct Sellers
and Itinerant Vendors, and
10 a i removing the licenses from the
moratorium.
Initiated By Staff Source
Department of Financial Services Frank Gryqlewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This bill for an ordinance adopts Title 5, Chapter 19 to the City Code, and removes these licenses from the
miscellaneous licenses moratorium in the City of Englewood. This bill for ordinance will allow the City's staff to
resume issuing direct seller and itinerant vendors licenses.
At the May 6, 1996 study session, staff discussed the proposed moratorium with the Council. On June 3, 1996,
the City Council read and passed Ordinance 25, Series of 1996 on final reading. This Ordinance established the
moratorium to run from June 10, 1996 to December 10, 1996. Council adopted Ordinance 55, Series of 1996
extending the moratorium until April 10, 1997. On February 18, 1997, City Council approved on first reading a
bill for an ordinance extending the moratorium until July 10, 1997.
RECOMMENDED ACTION
Staff recommends City Council approve this bill for an ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
These licenses were originally included in T itle 5, Chapter 12 , and they were included in the moratorium that
began on June 10 , 1996 , and subsequently extended to July 10, 1997 , A separate license is required to ensure
that the City is aware of persons vending on a interim basis or directly to the public (e .g. door-to-door sales).
These licenses were included in a separate Chapter for ease of use . Definitions were clarified to ensure
understanding of license requirements.
No alternatives were identified.
FINANCIAL IMPACT
The City of Englewood collected $100 in direct seller and itinerant vendor license fees in 1996.
LIST OF ATTACHMENTS
Copy of a bill for an ordinance