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Home My WebLink About1997 Ordinance No. 045' . ' ·~ .... ' ""!" ORDINANCE NO . !jf' SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE REPEALING TITLE 5, CHAPTER 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-ENACTING A NEW CHAPTER 13 , AND WHICH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO. 25 , SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM ON LICENSES IN THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Englewood City Council established a temporary suspension or moratorium on certain miscellaneous business licenses for a period of six months with the passage of Ordinance No . 25 , series of 1996; and WHEREAS , the moratorium or temporary suspension included temporary employment services licenses; and WHEREAS , the City of Englewood desires to have all licenses in Title 5 of the Englewood Municipal Code to be in essentially the same format ; and WHEREAS, the licensing renewal requirements have been removed and are controlled by Chapter 1 of Title 5 ; and WHEREAS , the nature of the business includes the assembly of large numbers of people and the licensed premises must have adequate waiting areas ; and WHEREAS , the nature of the business includes the assembly oflarge numbers of people , the licensed premises must comply with applicable building codes regarding sanitation facilities ; and WHEREAS, repetitive and unnecessary language has been removed; and WHEREAS, the license is not transferable; 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 amends Title 5 , Chapter 13, of the Englewood Municipal Code 1985, by repealing and re-enacting Chapter 13 , to read as follows: 10 b i SECTION: 5-13-1: 5-13-2: 5-13-3 : 5-13-4: CHAPTER13 TEMPORARY EMPLOYMENT SERVICES Definitions License Required Application For License Special Conditions and Restrictions of the License 5-13-l:DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOWING DEFINITIONS APPLY: DAY LABORER: TEMPORARY EMPLOYMENT SERVICE : PERSONS (NORMALLY, BUT NOT EXCLUSIVELY UNSKILLED LABORERS) WHO WORK AND ARE PAID ON A DAILY OR SHORT TERM BASIS WHO RECEIVE WORK ASSIGNMENTS OR ARE DISPATCHED BY AN EMPLOYMENT SERVICE TO WORK FOR A THIRD PARTY, WHETHER PAID BY THE AGENCY OR THE THIRD PARTY . ANY PERSON , FIRM , PARTNERSHIP, ASSOCIATION OR CORPORATION THAT MAINTAINS A CENTRAL LOCATION WHERE DAY LABORERS ASSEMBLE AND ARE DISPATCHED TO WORK FOR A THIRD PARTY USER. 5-13-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON OR ENTITY TO OFFER OR PROVIDE TEMPORARY EMPLOYMENT SERVICES IN THE CITY OF ENGLEWOOD WITHOUT HAVING FIRST OBTAINED A LICENSE. 5-13-3: APPLICATION FOR LICENSE: TEMPORARY EMPLOYMENT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS TITLE . 5-13-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: IN ADDITION TO THE REQUIREMENTS OF CHAPTER 1 OF THIS TITLE , THE FOLLOWING SPECIAL CONDITIONS AND RESTRICTIONS APPLY: A . TEMPORARY EMPLOYMENT LICENSES MAY NOT BE TRANSFERRED TO ANOTHER PERSON OR LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION . B . THE TEMPORARY EMPLOYMENT ESTABLISHMENT SHALL PROVIDE A DESIGNATED WAITING ROOM IN THE LICENSED -2- . r ..!, \ "j, c. D. E . PREMISES TO ACCOMMODATE THE SEATING OF ALL POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT CAN PROVIDE AN OUTDOOR WAITING AREA WITH SPECIFIC BOUNDARIES FOR POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT MUST PROVIDE AND MAINTAIN RESTROOM FACILITIES IN WORKING ORDER IN COMPLIANCE WITH THE UNIFORM BUILDING CODE AS ADOPTED BY THE CITY OF ENGLEWOOD , COLORADO WHICH ARE ACCESSIBLE TO THE ASSEMBLED DAY LABORERS AWAITING DISPATCH . ANY CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER OR PARTNER OF A PARTNERSHIP , REQUIRES A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY EMPLOYMENT SERVICE LICENSE. THE AMENDMENT SHALL BE SUBMITTED TO THE LICENSING OFFICER WITH THIRTY (30 ) DAYS OF THE CHANGE OF OWNERSHIP . A CHANGE OF OWNERSHIP AMENDMENT IS NOT REQUIRED IF THE LICENSED TEMPORARY EMPLOYMENT SERVICE IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT") OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15 (d ) OF THE ACT PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION, DOC U MENTS AN ~ REPORTS AS ARE REQUIRED BY THE PROVISIONS OF T H E ACT TO BE FILED BY SUCH ISSUER WITH THE SECURITIES AND EXCHANGE COMMISSION. THE ISSUER SHALL FILE WIT H THE LICENSING OFFICER INFORMATION ON OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY EMPLOYMENT SERVICES. Section 2. License fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 of this Code . Section 3. 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 and now removes the following licenses from the moratorium: TEMPORARY EMPLOYMENT SERVICES LICENSES. -3- Section 4. 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 5. 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 6. 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 7. 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 8 . Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Section 9 . Effective Date. This Ordinance shall go into effect on July 7, 1997. Introduced, read in full, and passed on first reading on the 5th day of May, 1997 . Published as a Bill for an Ordinance on the 8th day of May, 1997 . Amended and reintroduced, read in full, and passed as amended on the 2nd day of June, 1997 . -4- ,., "• r ~ ' . . ~. Published as amended on the 5th day of June, 1997 . Read by title and passed on final reading on the 16th day of June, 1997. Published by title as Ordinance No . ;Jf, Series of 1997, on the 19th day of June, 1997 . 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 passed on final reading and published by title as Ordinance No. d£, Series of 1997. ~tf~ Loucrishia A. Ellis -5- ·' ; .. COUNCIL COMMUNICATION Date Agenda Item Subject June 2, 1997 Bill for an ordinance repealing Title 10 a viii 5, Chapter 13 and re-enacting a new Title 5, Chapter 13 of the City Code. This will also remove temporary employment establishments from the moratorium in the City of Englewood Initiated By Staff Source Department of Financial Services Frank Grvglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance repeals Title 5, Chapter 13, and re-enacts an new Title 5, Chapter 13 (Temporary Employment) to the City Code . This will also remove this license from the moratorium. At the May 6, 1996 study session, staff discussed the proposed moratorium with the City 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 and ordinance extending the moratorium until July 10, 1997. On February 18, 1997, City Council approved on first reading a bill for and ordinance extending the moratorium until July 10 , 1997. On May 5, 1997, City Council passed this bill for an ordinance on first reading. This is being read on first reading again because an undesired gap in the moratorium would occur. City Council discussed this license with staff at the study session held on November 11 , 1996. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This license was recently enacted into City Code, so few changes other than formatting and inclusion of requirements for waiting areas and restrooms for clients were made. These changes were made in response to community concerns over the impact clients of these establishments have on the surrounding neighborhoods if adequate facilities are not provided . No alternatives were identified. FINANCIAL IMPACT The license fee has not been set as required by Chapter 1 of Title 5. The resolution setting fees is scheduled to go to City Council on May 19, 1997. The amount collected in 1996 was $500. LIST OF ATTACHMENTS Copy of the proposed bill for an ordinance. Printed on Recycled Paper.~