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HomeMy WebLinkAbout1999 Ordinance No. 017• .. .~ • • • ORDINANCE NO . fl SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 12 INTRODUCED BY COUNCIL MEMBER KELLS WAGGONER AN ORDINANCE EFFECTING THE COMPLETION OF THE REVISION OF TITLE 5 , WHICH CLASSIFIES AND MAKES NECESSARY CHANGES IN LICENSES ISSUED BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, numerous changes have been made in Title 5 and associated Titles to remove repetitive language, change how fees are determined and set, remove contradictory language, and clarify the language and terms used; and WHEREAS , the City of Englewood wishes to accommodate the activities of charitable organizations by allowing for the waiving of fe e s to qualified applicants, and therefore must define what organizations qualify; and WHEREAS , the City wishes to protect minors from the activities of some of the licensed activities in this Title, and therefore must define the term "minor"; and WHEREAS, the City of Englewood does not issue permits, and therefore all reference to them in this Title is eliminated; and WHEREAS , this ordinance requires license holders applying for renewal to file renewal applications prior to the expiration date or reapply for a new license ; and WHEREAS, this ordinance changes the expiration date of all licenses to December 31 of each year; and WHEREAS, these changes increase efficiency of City staff in processing renewals ; and WHEREAS , this ordinance excludes dancing halls, studios , or academies that only conduct instruction for fees from the requirement to be licensed as amusements because their primary purpose is for instruction, not amusement; and WHEREAS , this ordinance requires police background checks for applicants under Chapter 2 -Amusements of this Title to protect patrons of these establishments ; and WHEREAS, the City wishes to protect the public health and safety by controlling the activities of food vendors by licensing them; and WHEREAS, the City wishes to protect the p u blic and the City by requiring adequate insurance coverage for arborists, body piercing, food vendor, massage therapists, tattoo , special events , and trash hauling licenses; and WHEREAS, this ordinance protects the tax-paying public by requiring license holders to make a sales tax deposit if they do not hold a current City Sales Tax License ; and 10 b i WHEREAS , this ordinance requires a 5 day gap between special events to insure that special events do not become permanent activities in the City; and WHEREAS, this ordinance eliminates Police and Detective Services Licenses because they are regulated by State Statutes ; and WHEREAS, this ordinance adds the definition of "dermagraphics" to Chapter 24 (Tattoo) of this Title; and WHEREAS, this additional definition insures current terminology for the licensed activity as used in the City Code; and WHEREAS, this ordinance is a final clarification of the changes required and makes the licensing procedures and requirements more uniform; 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 1, (General Provisions) Section 1, to read as follows: 5-1-1: Definitions: For the purpose of this Title and Code in all matters relating to the licensing or permitting of any business, the following terms , phrases, words, and their derivations shall have the meanings given herein: BUSINESS/ BUSINESS USE: CHARITABLE ORGANIZATION: CITY LICENSING OFFICER OR LICENSING OFFICER: COMPUTATION OF TIME : The employment of one or more persons for the purpose of earning a livelihood, activities of persons to improve their economic conditions and desires, and generally related to commercial and industrial engagements. AN ORGANIZATION LISTED AS EXEMPT UNDER THE UNITED STATES INTERNAL REVENUE CODE OR WHICH PROVIDES PROOF OF A VALID EXEMPTION CERTIFICATE FROM THE STATE OF COLORADO DEPARTMENT OF REVENUE. The City Manager of the City of Englewood, Colorado , or the duly appointed designee. IN COMPUTING ANY PERIOD OF TIME PRESCRIBED BY THIS TITLE, THE DAY OF THE ACT OR EVENT FROM WHICH THE DESIGNATED PERIOD OF DAYS BEGINS TO RUN SHALL NOT BE INCLUDED AND THE LAST DAY SHALL BE INCLUDED. SATURDAY, SUNDAY AND LEGAL HOLIDAYS SHALL BE INCLUDED, IN THE TIME FOR ANY ACT TO BE DONE. IF THE LAST DAY OF ANY PERIOD IS A SATURDAY, SUNDAY OR LEGAL HOLIDAY THEPERIODISEXTENDEDTOINCLUDE 2 ',' l • • • ... , ' • • • . ' r • ENGAGE IN BUSINESS: LICENSE: LICENSE HOLDER: MANAGER: MINOR: MORAL TURPITUDE PERMIT: THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY OR LEGAL HOLIDAY. To carry on or take part in the operation of a business. Agents , employees in their capacity as agents, or other r epresentatives of any entity doing busines s in this City shall be personally responsible for compliance with this Title. A license or pei·mit need not be obtained for each branch of an establishment, if the business and branches are operated legally as one business except as required by any other chapter in this Title . Written permission to pursue or carry on a business subject to this Title. A person who has the authority to engage in a business required to be licensed by this Title. An individual who manages, directs, supervises, oversees and administers the acts and transactions of the agents or servants of any establishment governed by this Article or who, through his or her own actions, directs, oversees and administers the affairs of any such establishment. ANY PERSON UNDER THE AGE OF 18 YEARS . ACT OR BEHAVIOR THAT GRAVELY VIOLATES MORAL SENTIMENT OR ACCEPTED MORAL STANDARDS OF THE COMMUNITY AND INCLUDES BEHAVIOR WHICH IS INIMICABLE TO THE WELFARE, SAFETY OR MORALS OF CHILDREN OR THE PUBLIC. Written permission to pursue or carry on any business not subject to licensing under this Title m· specifically rneludcd from obtaining a license or permit by this code, Title , ordinance, State Statute , or Federal law. PERMIT HOLDER: l'i person who has the authority to engage in a business reEtuircd to be issued a permit by this Title. PREMISES: A lot, parcel, or plot of land together with the structure s, equipment and appurtenances , and personal property . 3 Section 2. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 1 (General Provisions), Section 2, to read as follows: 5-1-2: License or Permit Required: It shall be unlawful for any corporation, company, partnership or individual to engage in any business without a license or permit as required by this Title. Section 3. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 1 (General Provisions), Section 3, to read as follows: 5-1-3: Duties of City Licensing Officer: A. The licensing officer shall collect all applicable fees , and issue licenses ttttd- permits in the City's name to persons qualified under the provisions of this Title and shall: 1. Promulgate and enforce all reasonable rules and regulations necessary for the administration and enforcement of this Title. 2. Prepare and provide forms necessary to issue licenses and permits. 3. Require applicants to submit all affidavits and oaths necessary to administer this Title . 4. Notify applicant of acceptance or denial of application and state in writing the reason(s) for denial. Section 4. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 1 (General Provisions), Section 4, to read as follows: 5-1-4: Application for License: A. Each applicant required to procure a license or permit under the provisions of this Title shall submit an application for such license to the licensing officer. The application shall: B. 1 . Be in writing, using forms provided by the licensing officer. The form shall include a signed affidavit by the applicant including: L The name of the license or permit holder, and the name(s) under which the business is conducted. ii. The address and the specific activity to be conducted. ni. Any information required by another chapter or section of this Title OR ANY OTHER TITLE OF THIS CODE. 2. Include other information which the licensing officer shall find reasonably necessary for the administration of this Title. The applicant shall submit all applicable fees to the licensing officer prior to a review of the application. said fees shall not be refunded. 4 .. . .. ... • • • 1 '• I • • • C. RENEWAL: APPLICATIONS FOR RENEWAL MUST BE SUBMITTED BEFORE THE EXPIRATION OF THE CURRENT LICENSE. IF A RENEWAL APPLICATION IS NOT RECEIVED BEFORE THE EXPIRATION OF THE CURRENT LICENSE, IT SHALL BE TREATED AS A NEW APPLICATION AND AN APPLICATION FEE WILL BE ASSESSED AS REQUIRED IN THIS TITLE. G. D. The licensing officer has the authority to deny suspend, or revoke any applications OR RENEWAL OF AN EXISTING LICENSE OR TO SUSPEND OR REVOKE AN EXISTING LICENSE under the following conditions: 1. The license or permit was obtained by fraud, misrepresentation, or false statements. 2. The licensed or pet'mitted activity is a public nuisance as defined by ordinance or statute. 3. The license or permit was issued in error. 4. Upon grounds provided by any other city application requirement, ordinance, State Statute, Federal Law, or regulation of the City, State , or Federal government. 5. The applicant is in default of any indebtedness or other obligation due the City . 6. The proposed use of any premises for which the license is sought is not authorized by zoning, building, housing or other regulations . 7. Failure of the license holder to submit a new application before the expiration of a current license. 8. THE GRANTING OF A LICENSE DOES NOT GIVE THE LICENSE HOLDER AN AUTO MA TIC RIGHT FOR A RENEW AL. AN APPLICATION FORA RENEWAL WILL BE DENIED IF ANY CONDITION EXISTS WHICH WOULD RESULT IN THE DENIAL OF AN APPLICATION FOR A NEW LICENSE. B-. E. An applicant, when denied a license or permit, shall not engage in the business for which a license or permit is required. E. F. IF THE LICENSING OFFICER FINDS THAT THE LICENSEE'S ACTIVITIES FALL UNDER THE PROVISIONS OF MORE THAN ONE LICENSE, THE LICENSE OFFICER MAY REQUIRE THE LICENSEE TO OBTAIN A LICENSE FOR EACH ACTIVITY. Section 5. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 1 (General Provisions, Section 5, to read as follows: 5-1-5: EXEMPTIONS: THE LICENSING OFFICER MAY WAIVE FEES AND LICENSES TO CHARITABLE ORGANIZATIONS . A LETTER OF APPLICATION FOR EXEMPTION MUST BE FILED WITH, AND 5 APPROVED BY, THE LICENSING OFFICER PRIOR TO ENGAGING IN BUSINESS . Section 6 . The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5, Chapter 1 (General Provisions), Section 6, to read as follows : 5-1-;';-6: Determination of License or Permit FeeS and Term of License: A. The City Council shall determine and set by resolution all fees required under this Title . B. Unless otherwise specifically provided, a license or pel'mit shall BE ISSUED FOR A PERIOD NOT TO EXCEED ONE YEAR AND SHALL EXPIRE ON DECEMBER 31 FOLLOWING ITS ISSUANCE expil'e one yea¥ from the date of ieette. No refund of any portion of the license fee shall he made. THE LICENSING OFFICER SHALL PROMULGATE A POLICY REGARDING PRORATION OF LICENSE FEES. C. NO REFUND OF AN APPLICATION FEE SHALL BE MADE . Section 7 . The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5 , Chapter 1 (General Provisions), Section 7, to read as follows: 5-1-6-7: Transfers and Change of Location for Licenses: A. Unless otherwise specifically prohibited PROVIDED, a license or pel'mit holder DOES NOT HA VE hftS-the right to transfer the license Ol' permit to another person or location as provided: ±. The license or pe1·mit holder requests a transfer from the licensing officer; and ~. Transfe1·ee meets all conditions required hy this Title; and -3-. The License or pe1·mit is sunendel'ed; and 4. The license or permit holder obtains written approval from the licensing officer . B. Upon approval of the transfer the licensing officer shall collect a transfer fee and issue a new license or pel'mit for the unexpired term of the transferred license or permit. Section 8 . The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5, Chapter 1 (General Provisions), Section 8, to read as follows: 5-1-1 8: License or Permit Available for Inspection: The license Ol' permit holder shall make the license or permit immediately available to any person for inspection at all times THAT THE LICENSED PREMISES OR ACTIVITY IS IN OPERATION. Section 9. The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5, Chapter 1 (General Provisions), Section 9 , to read as follows: 6 • • • ... • •• • 5-1-& 9: Hearings, Orders, and Appeals: A. When a City official reports a violation of this Title , Code, law, statute, or ordinance, the licensing officer shall issue a provisional order to comply . 1. The provisional order, and all other notices issued in compliance with this Title , shall be in writing, shall be served as provided in the Englewood Municipal Code, and shall notify the license er permit holder of the specific violation(s). If the license er permit holder can not be served in this manner, the premises may be posted . 2 . Before the period of compliance expires , as noted in the provisional order, the license er permit holder or the City may submit a written application for hearing. The licensing officer shall order a hearing after reviewing the application. 3 . The licensing officer shall order a hearing within fourteen (14) days of the receipt of the application for a hearing. 4 . The licensing officer shall make a final decision in writing, WITHIN thirty (30) days after the conclusion of the hearing. B . The licensing officer shall have the authority to revoke or suspend licenses -ttftti permits , to extend the time for compliance, to grant a new hearing, and to change , modify or rescind any recommendation or order . C. When the conduct of any license er permit holder, agent, or employee is so hazardous to the public health, safety and general welfare as to constitute a danger to health, safety, and welfare of the public or give rise to an emergency, the licensing officer shall have the authority to summa rily order the cessation of business and close the premises or to suspend or revoke the license er permit. unless waived in writing, withIN ten (10) days after the issuance of the summary order, the licensing officer shall conduct a hearing. The licensing officer shall make a final decision in writing, WITHIN thi rty (30) days after the conclusion of the hearing. D. Any license er permit holder aggrieved by a final decision of the licensing officer shall have the right to appeal to an independent hearing officer appointed by the City. A written appeal must be filed with the City Manager within ten (10) days of the final decision by the licensing officer . 1 . The appeal shall include a copy of the order or decision of the licensing officer and a statement by the license ei· permit holder setting forth the basis of the appeal. 2. The City Manager shall fix a time and place for hearing the appeal and shall give notice to the appellant and licensing officer. 3. The independent hearing officer shall be limited to a determination as to whether the licensing officer's finding was arbitrary and capricious . 4. The findings of the independent hearing officer shall be given the appellant and the licensing officer. 7 5. If the independent hearing officer makes a determination that the licensing officer's finding was arbritary or capricious, the licensing officer shall follow the procedures and have the powers set forth under paragraphs, A , B , and C, of this section to make corrections and issue a new final decision . E. No civil or administrative action shall bar or prevent prosecution in Municipal Court for any violation of this Code . Section 10. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 2 (A musements), Section 1, to read as follows: 5-2-1: DEFINITIONS: In addition to the definitions listed in E . M. C. 5 -1-1 , a nd for the purpose of this Code in all matters relating to the licensing of amusement establishments and public dances and balls , the following terms, phrases, words , and the derivations shall have the meanings herein: AMUSEMENT ARCADE: AMUSEMENT CENTER: A place or establishment at one location where an individual, association, partnership, company, or corporation maintains more than fifteen (15 ) amusement devices. A place or establishment at one location where an individual, association, partnership, company, or corporation maintains fifteen (15) or fewer amusement devices, either as a sole business or in conjunction with some other business . AMUSEMENT DEVICE(S): Any device which , upon insertion of a coin, slug, token, plate or disc, or payment of a consideration directly therein, may be used by the public for entertainment, or amusement, that incorporates a test of skill, either mental or physical, whether or not registering a score, and shall include , but not be limited to, pool tables , snooker tables , foosball tables , electronic games, SHOOTING GALLERY and pinball machines of every kind and description. AMUSEMENT ESTABLISHMENT: An amusement arcade, amusement center, itine¥ant s ho'tv , POOL HALL , public dance or hall, OR bowling alley. cif'cus, caf'nival , Of' shooting gallc1-y. PUBLIC DANCE, PUBLIC BALL: Any dance where admission can be had by the public generally with or without the payment of a fee, with or without the purchase , possession or presentation of a ticket or token, and any other dance operated by club 8 ' . • • • • • • PUBLIC DANCE HALL: membership , EXCLUDING LIQUOR LICENSED CLUBS ; season ticket; invitation or other sys tem open or offered to the public generally. Any premises open to public dancing for gain or to which the public is admitted upon payment of an a dmission fee, membership fee or for a charge of any kind and description, er- any hall or academy in which classes in dancing arc held and instructions in dancing given for pay. EXCLUDING ANY HALL, STUDIO OR ACADEMY WHOSE PRIMARY PURPOSE IS TO CONDUCT INSTRUCTION IN DANCING FOR A FEE. Section 11. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 2 (Amusements), Section 2, to read as follows: 5-2-2: LICENSE REQUIRED: It shall be unlawful for an amusement establishment to engage in business prior to obtaining a license. from the licensing officer . Section 12. The City Council of the City of Engle wood, Colorado hereby amends Title 5, Chapter 2 (Amusements), Section 3, to read as follows: 5-2-3: APPLICATION FOR LICENSE: A. The application for an amusement esta blishment license shall be made in accordance with the provisions of Title 5 , Chapter l. B . In addition. the applicant shall be rcqui1·cd to provide: B . THE APPLICANT SHALL BE REQUIRED TO SUBMIT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS. C. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO OBTAIN A Manager(s) License WHEN THE MANAGER IS SOMEONE OTHER THAN THE LICENSEE: l. All managers of amusement establishments must be licensed. Licenses will be issued by the licensing officer . 2. Where any license holder has a change in manager or managers of his/her establishment, and a new manager has not previously been approved as a manager by the licensing officer , he/she shall be presented by the holder of a license or shall present himself/herself to the office of the licensing officer for a background investigation . 9 Section 13. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 2 (Amusements), Section 4, to read as follows: 5-2-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: In addition to licensing conditions set forth in Chapter 1 of this Title, the following special provisions shall apply: A. NO APPLICANT OR EMPLOYEE WORKING WITH THE PUBLIC WHO HAS BEEN CONVICTED OF A CHARGE INVOLVING MORAL TURPITUDE SHALL BE ALLOWED TO OBTAIN AN AMUSEMENT LICENSE. A. B . Inspection. Before a license is gl'antcd , for a public dances Ol' ball, the premises described in the application shall be inspected. A license FOR AN AMUSEMENT ESTABLISHMENT shall not be issued until such time as the PREMISES DESCRIBED IN THE APPLICATION ARE INSPECTED AND THE applicant demonstrates that such premises are in compliance with the Englewood Municipal Code . B . C . Additional Amusement Devices . All applicants and holders of Amusement Center or Amusement Arcade Licenses shall report to the Licensing Officer the addition of any amusement device or devices to their premises within fifteen (15) days of said addition and tender to the Licensing Officer at that time the required fee for each additional amusement device for the remainder of the original license period . The fee is not prorated ovcl' the period the device is put into service. Replacement of a device with another device is not considered an additional amusement device . Section 14. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 4 (Food Vendors), Section 1, to read as follows: 5-4-1: DEFINITIONS: In addition to the definitions listed in E. M. C. 5-1-1, and for the purpose of this Code in all matters relating to the licensing of food vendors, the following terms , phrases, words, and the derivations shall have the meanings herein: FOOD VENDOR: FOOD PRODUCTS: ICE CREAM SALES: A licensed vendor of food products. Food products prepared and processed for immediate consumption. Food products shall not apply to grocery stores and similar establishments where food is not prepared or sold routinely for immediate consumption. The sale of ice, ices , ICE CREAM, frozen custard , ice milk, frozen yogurt, and sherbet, prepared , processed and sold for immediate consumption . 1 0 • • • • • • PARK: SIDEWALK or SIDEWALK AREA: STREET: VEHICLE: Park means any property dedicated for such purpose and shall also include the walkways and fountain area of the Englewood Plaza and walkways and bike paths of Little Dry Creek Flood Plain and sidewalks adjacent to parks . The South Suburban Recreational District parks located in the municipal boundaries of Englewood shall be considered a park. That portion of a publicly maintained or declared to be a public street or highway by any law of this State or any Englewood ordinance between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. The entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular t ravel or the entire width of every way declared to be a public street or highway by any law of this State or any ordinance of this City . Every device in, upon or by which any person or property is or may be transported or drawn, irrespective of the source from which the power to propel said vehicle may come and irrespective of the number of wheels of said vehicle. Section 15 . The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 4 (Food Vendors), Section 2 , to read as follows: 5-4-2: LICENSE REQUIRED: It shall be unlawful for a food vendor to engage in THE business OF SELLING, OFFERING FOR SALE, PEDDLING OR DISTRIBUTING FOOD OR ICE CREAM PRODUCTS FROM VEHICLES OR STANDS ON ANY STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC PLACE INCLUDING PARKS, prior to obtaining a license. from the licensing officer. Section 16. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 4 (Food Vendors), Section 3, to read as follows: 5-4-3: APPLICATION FOR LICENSE: A. The application for a Food Vendor License shall be made in accordance with the provisions of Title 5, Chapter 1. B. In addition, the applicant shall be required to provide the following: 1 1 1. WRITTEN APPROVAL FOR USE OF SITE, IF APPLICABLE 2 . TRI-COUNTY HEALTH APPROVAL, IF APPLICABLE. 3 . SALES TAX DEPOSIT FOR ALL LICENSEES WHO DO NOT HOLD A CURRENT CITY SALES TAX LICENSE. Section 17. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 4 (Food Vendors), Section 4, to read as follows: 5-4-4: SPECIAL CONDITIONS AND RESTRICTIONS OF LICENSE: In addition to licensing conditions set forTH in Chapter 1 of this Title, the following special provisions shall apply. A. Insurance Required: License holders are required to maintain the following levels of insurance: 1 . All motor vehicles used in the operation of the licensed business shall be insured under the laws of the State of Colorado. 2 . Comprehensive general liability INSURANCE with a minimum combined single limit of liability for bodily injury and property damage of one hundred thousand MILLION dollars ($100,000.00 $1,000,000.00) per occurrence and IN THE aggregate. Failure to maintain such insurance or to show such evidence on request shall be cause for failure to maintain such insill'ance or to show such evidence on request shall he cause for immediate revocation of the license B. TRl.1:NSFER: Licenses granted under this Chapter are not ti·ansferahle. B. G. ICE CREAM SALES: Ice cream vendors using vehicles on city streets must obtain a Food Vendor License streets and sidev1alks and shall comply with the following additional requirements: 1. Hours of operation are permitted between nine o'clock (9:00) a .m. and sunset. 2. Any audible advertising such as music, chimes, verbal announcements or other sound must be turned off while the vehicle is at rest. C. B. HEALTH CODES: License holders are required to operate in accordance with applicable municipal and State Health Regulations as administered by the Arapahoe County Tri-County Health Department. D. E . LOCATION: License holders may vend only in those areas specifically set forth in the license. 1 2 • • • • • • Section 18. The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5, Chapter 5 (Massage Therapy), Section 3, to read as follows: 5-5-3: APPLICATION FOR LICENSE: A. The application for a Massage Therapist License or Massage Therapy Clinic shall be made in accordance with the provisions of Title 5, Chapter 1. B. In addition the applicant shall be required to provide the following : 1. INSURANCE REQUIRED: License holders are required to maintain the following levels of insurance: i. Comprehensive General Liability with a minimum combined single limit of liability for bodily injury and property damage of one hundred thousand MILLION dollars ($100 ,000 .00 $1,000,000.00) per occurrence and IN THE aggregate. ttt ii. Failure to maintain such insurance or to show such evidence on request shall be cause for immediate revocation of the license G. Licenses gYanted undCl' this Chapter a1·c not transferable. I.+. C. EDUCATION . 1. The applicant must provide complete disclosure of his or her education and experience as a massage therapist. 2. To obtain a Massage Therapist License the applicant must have graduated from a Massage Therapy School accredited by the State Educational Board or division charged with the responsibility of approving private occupational schools , or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy. For the purposes of this Chapter, a Massage Therapy School may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools. E. D. CRIMINAL BACKGROUND : 1. The applicant shall be required to submit to a police background investigation as part of the application process. g_. No person ·.vith a felony record or 't't'ho has been convicted of a moral tm·pitude charge shall be allowed to obtain a Massage Therapist or Massage Therapy Clinic License. Section 19. The City Council of the City of Englewood, Colorado hereby renumbers and amends Title 5 , Chapter 5 (Massage Therapy), Section 4, to read as follows: 1 3 5-5-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: In addition to the requirements in Chapter 1 of this Title, the following additional licensee requirements are required SHALL APPLY: A. NO APPLICANT WITH A FELONY RECORD OR WHO HAS BEEN CONVICTED OF A CHARGE REGARDING MORAL TURPITUDE SHALL BE ALLOWED TO OBTAIN A MASSAGE THERAPIST OR MASSAGE THERAPY CLINIC LICENSE. A. B. Every MASSAGE THERAPY CLINIC licensee shall display a valid license in a conspicuous place within the Massage Therapy Clinic so it may be readily seen by persons entering the premises. C. EVERY LICENSED MASSAGE THERAPIST SHALL CARRY A CITY MASSAGE THERAPIST IDENTIFICATION CARD WHEN CONDUCTING BUSINESS OUTSIDE OF THE LICENSED MASSAGE THERAPY CLINIC. B. D . Sanitary requirements : It shall be unlawful for any Massage Therapy Clinic or employee to fail to maintain the clinic or premises in a clean and sanitary manner . E. LICE"N8ES GRl'1NTED UNDER THIS CHl'1PTER l1RE NOT TRA:NSFERl1BLE. Section 20. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 12 (C hristmas Tree Sales), Section 2, to read as follows: 5-12-2: LICENSE REQUIRED: It shall be unlawful for any person to make Christmas tree sales prior to obtaining a license from the Licensing Officer except for the following: A. Greenhouses holding a valid CURRENT City sales tax license . B. Tree and plant nurseries holding a valid CURRENT City sales tax license. C. FLOWER SHOPS HOLDING A VALID CURRENT CITY SALES TAX LICENSE . Section 21. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 12 (Christmas Tree Sales), Section 3, to read as follows: 5-12-3: APPLICATION FOR LICENSE: A. The app lication for Christmas Tree Dealer Sales Lice nse shall be made in acco rdance with the provisions of Title 5, Chapter 1. B. In addition the applicant shall be required to provide a deposit for restoration of the licensed premises WITH THE EXCEPTION OF 1 4 • • • " • • • C. LICENSEES CONDUCTING THE SALE ON THEIR OWN PROPERTY. SALES TAX DEPOSIT FOR ALL LICENSEES WHO DO NOT HOLD A CURRENT CITY SALES TAX LICENSE. Section 22. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 14 (Arborist), Section 2, to read as follows: 5-14-2: LICENSE REQUIRED: It shall be unlawful for an arborist to engage in business prior to obtaining a license from the Licensing Officer. Section 23. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 14 (Arborist), Section 3, to read as follows: 5-14-3: APPLICATION FOR LICENSE: A. The application for an Arborist License shall be made in accordance with the provisions of Title 5 , Chapter 1. B. No license shall be issued without the written approval of the City Forester or other designated employee THE LICENSING OFFICER who shall first be satisfied of the competency of the applicant to engage in such business. hy admission of an oral and written examination conducted hy the City Forester or other designated City employee . At his or her discretion, the City Forester or other designated employee LICENSING OFFICER may accept spra ying and trimming licenses from other jurisdictions as prima facie evidence that the applicant has satisfactorily completed Englewood licensing requirements. Section 24. The City Council of the City of Englewood , Colorado hereby amends Title 5 , Chapter 14 (Arborist), Section 4 , to read as follows: 5-14-4: SPECIAL CONDITIONS AND RESTRICTIONS OF LICENSE: In addition to licensing conditions set forTH in Chapter 1 of this Title, the following special provisions shall apply. A . INSURANCE REQUIRED: LICENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: B. 1. All motor vehicles used in the operation of the licensed business shall be insured under the laws of the State of Colorado. 2 . Comprehensive General Liability with a minimum combined single limit of liability for bodily injury and property of one hundred thousand MILLION dollars ($100,000 $1,000,000.00) per occurrence and IN THE aggregate . !ffi-F AIL URE TO maintain such insurance or to provide such evidence on request shall be cause for immediate revocation of the license . TRANSFER: l\rhorist Licenses are not transferable. 1 5 B.G:-SUPERVISION OF WORK: The license holder shall supervise and be responsible for all work done under the license. S ection 25 . The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 15 (Pawnbroker), Section 4 , to read as follows: 5-15-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE : In addition to the requirements in Chapter 1 of this Title, the following special conditions or restrictions apply: B . LICENSE NOT TRANSFERABLE: Any license issued pursuant to this Chapter shall not be transferable. Any such license may not be transferred to either another person or a location other than that listed in the license application. Any change in the partners of a partnership or in officers , directors, or holders of ten percent (10%) or more of the stock of a corporate licensee holding a pawnbroker license shall result in termination of the license of the partnership or corporation unless a written amendment to the original application is -mruie SUBMITTED WITHIN THIRTY (30) DAYS OF THE CHANGE AND APPROVED BY THE LICENSING OFFICER. F. CHANGE OF OWNERSHIP OR MANAGEMENT: 2. In the event of a change of owner , officer , director, or holder of more than ten percent (10 %) of the shares of stock of a corporate license holder, partner of a partnership, or manager; disclosure in writing by amendment of the original application for the issuance of a pawnbroker's license thereof shall be made to the Licensing Officer WITHIN THIRTY (30) DAYS OF THE CHANGE. 4. The applicant or license holder shall pay a fee for amendment of the application, which fee shall be determined by the City and set by resolution. The new manager shall be photographed, fingerprinted and investigated as required in Section Hl Ei 15 4(e). THIS CODE. G . REQUIRED ACTS: 1. A pawnbroker shall keep a numerical register in which shall be recorded the following information: the name, address, and date of birth of the customer; the customer's driver's license number or other identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Section 18 16 114 G.R.S. COLORADO REVISED STATUTES; the date , time and place of the contract for purchase or purchase transaction; and an accurate and detailed account and description of each item of tangible personal property, including, but not limited to, any trademark, identification number, serial number, model number, brand name , or other identifying marks on such property. the pawnbroker shall also obtain a written declaration of the customer's ownership which shall state that each piece of tangible personal property is totally owned by the customer, or shall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned each piece of property, whether the customer 1 6 '· • • • • • • or someone else found the property, and, if the property was found, the details of the finding. Section 26. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 16 (Auto Pawnbroker), Section 4, Subsections B and G , to read as follows: 5-16-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: In addition to the requirements in Chapter 1 of this Title, the following speci al conditions and restrictions apply: B. G. LICENSE NOT TRANSFERABLE: Any license issued pursuant to this Chapter shall not be transferable. Any such license may not be transferred to either another person or a location other than that listed in the license application. Any change in the partners of a partnership or in officers, directors , or holders of ten percent (10%) or more of the stock of a corporate licensee holding an automobile pawnbroker license shall result in termination of the license of the partnership or corporation unless a written amendment to the original application is -Httl:tle SUBMITTED WITHIN THIRTY (30) DAYS OF THE CHANGE AND APPROVED BY THE LICENSING OFFICER. REQUIRED ACTS: 1. An automobile pawnbroker shall keep a numerical register in which shall be recorded the following information: the name , address and date of birth of the customer; the customer's driver's license number or othe r identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Section 18 16 103, G.R.S . COLORADO REVISED STATUTES; or for the sale of secondhand property pursuant to Section 18 12 114 G.R.S . COLORADO REVISED STATUTES ; the date, time and place of the contract for purchase or purchase transaction; and an accurate and detailed account and description of each item of tangible personal property, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying marks on such property . the automobile pawnbroker shall also obtain a written declaration of the customer's ownership which shall state that each piece of tangible personal property is totally owned by the customer, or shall have attached to such declaration a power of sale from the partial owner to the customer , how long the customer has owned each piece of property , whether the customer or someone else found the property , and , if the property was found , the details of the finding. Section 27 . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 17 (Going Out of Business Sale), Section 4, Subsections B and D-4, to read as follows: 5-17-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: IN ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE , THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: B. TERM OF LICENSE. The license shall authorize the sale described in the application for a period of not more than sixty (60) CONSECUTIVE 1 7 days. A one time license renewal may be allowed. The renewal shall not exceed thirty (30) consecutive days. After the license expires, all business activities shall cease, and not resume under the same direct or indirect ownership for a period of two (2) years . G. License not 1\ssignable or Transferable . no license issues pursuant to this chapter shall be assignable or transferable C . B. DUTIES OF LICENSE HOLDERS. In addition to requirements of Chapter 1 of this Title , the following duties are required of license holders under this Chapter: 4 . License holders shall conduct the licensed sale in strict conformity with any representations MADE in advertising. Ol' ftfi). holding out incident thel'eto . Section 28. The City Council of the City of Englewood , Colorado hereby amends Title 5 , Chapter 18 (Auctioneer), Section 3 , of the Englewood Municipal Code 1985, to read as follows: 5-18-3: APPLICATION FOR LICENSE: A. The application for an auctioneers license shall be made in accordance with the provisions of Title 5 , Chapter 1. B . In addition, each applicant shall provide proof of current licensing under the State of Colorado . C. A SALES TAX DEPOSIT SHALL BE REQUIRED FOR ALL LICENSEES WHO DO NOT HOLD A CURRENT CITY SALES TAX LICENSE. Section 29. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 19 (Direct Sales) Section 1, to read as follow s : CHAPTER 19 DIRECT SELLERS & ITINERf .. NT VENDORS 5-19-1: DEFINITIONS: CHARITABLE ORGANIZ1\TION: DIRECT SELLER 1 8 1'\ny entity v;hieh has been eel'tified as a not fop profit ol'ganization undel' the Internal Revenue Gode. Any person who engages in the selling or offering for sale of any RETAIL product or service directly to the customer regardless of when the product or service is available for sale or use. • • • .• -., • • • ITINERz\NT VENDOR: lxny pc1·son who engages in the retail sale of tmy prodtlct who docs not actively engage in retail sales in the City of Englewood for tlU'cc (3) or more conscetltive months. Section 30. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 19 (Direct Sellers), Section 2 , to read as follows: 5-19-2: LICENSE REQUIRED: It shall be unlawful for any direct seller er- itinerant vendm· to make a sale without first obtaining a license. Each person making sales for a direct seller or itinerant ·1end01· must be separately licensed. Section 31. The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 19 (Direct Sellers), Section 3 , to read as follows: 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. :&.-The licensing officer may isstlc exemptions to ehat·itable organizations, mtlnieipalitics , or the State of Colorado inelwling its agencies and departments. lxn application for exemption mtlst be filed with, and approved by, the licensing officer prior to any sale to EJ:tlalify for this exemption . B. A SALES TAX DEPOSIT SHALL BE REQUIRED FOR ALL LICENSEES WHO DO NOT HOLD A CURRENT CITY SALES TAX LICENSE . Section 32 . The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 20 (Special Events), Section 4 , to read as follows: 5-20-4: TERM OF SPECIAL EVENTS LICENSE: The License shall expire upon completion of the event or seven (7) CONSECUTIVE days which ever is shorter. A license shall not be issued for the same special event more than three (3) times in any calendar year. EACH SPECIAL EVENT MAY RUN FROM ONE (1) TO SEVEN (7) CONSECUTIVE DAYS WITH AT LEAST FIVE (5) DAYS BETWEEN EVENTS . Section 33. The City Council of the City of Englewood , Colorado hereby amends Title 5 , Chapter 20 (Special Events), Section 5, to r e ad as follows : 5 -20-5: SPECIAL LICENSE REQUIREMENTS: A The license holder shall have COMPREHENSIVE General Liability Insurance ffi an amotlnt acceptable to the WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSlxND MILLION DOLLARS ($100,000.00 $1,000 ,000 .00) PER OCCURRENCE AND IN THE AGGREGATE. B. The license holder shall provide a clean-up deposit in an amount acceptable to the City . The clean-up deposit will be returned in full or in part after inspection 1 9 of premises. The license holder shall clean the site within twenty-four (24) hours after the special event is completed. C. A SALES TAX DEPOSIT SHALL BE REQUIRED FOR ALL LICENSEES WHO DO NOT HOLD A CURRENT CITY SALES TAX LICENSE. D. ALL INDIVIDUAL VENDORS PARTICIPATING IN THE SPECIAL EVENT MUST OBTAIN THE APPROPRIATE CITY LICENSE. Section 34 . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 21, (body piercing) Section 4, Subsection H, of the nglewood Municipal Code, 1985, to read as follows: H. The License Holder shall at all times have Comprehensive General Liability Insurance, with a minimum combined single limit of liability for bodily injury and property damage or one hundred thousand MILLION dollars ($100,000.00 $1,000,000.00) per occurrence and IN THE aggregate. Section 35. The City Council of the City of Englewood, Colorado hereby repeals Title 5, Chapter 22, (Police and Detective Services) of the Englewood Municipal Code , 1985: fi 22 1: DEFINITIONS: For the purpose of this Chapter the follovt'ing definitions ttpply-: POLICE SERVICES: DETECTIVE SERVICES: i; 22 2: LICENSE REQUIRED: Services provided by private fo·ms or individuals to preserve the public order and tranquillity, the promotion of the public health, safety, and the prevention, detection, and punishment of crimes . Services provided by private firms or individuals to detect criminal activity or discover matters of secret and harmful import for the protection of individuals and the ~- It shall be unlavdul for any person to perform police or detective services with a private firm in the City of Engk.vood without first obtaining a license. fi 22 3: t ... PPLICt .. TION FOR LICENSE: A. The application for a Police or Detective Services (private firms) License shall be made in accordance with the provisions of Title 5, Chapter 1. B. In addition the applicant shall be required to submit to a police background investigation as part of the application process. fi 22 4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: In addition to licensing conditions set forth in Chapter 1 of this Title, the following special provisions shall apply: 20 • • • . - • • • A. No person 'Nith a felony reeord shall be allowed to obtain a Poliee and Detective Services License. B. Eaeh applicant shall establish that they are qualified to cany a vveapon. Section 36. The City Council of the City of Englewood, Colorado hereby repeals Title 5, Chapter 23 (Purchasers of Valuable Articles), Section 2-B, to read as follows: 5-23-2: LICENSE REQUIRED: It shall be unlawful for any person to offer or purchase valuable objects in the City of Englewood without first obtaining a license except for the following classes of persons: B. Businesses engaged in selling eollectors items . Section 37 . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 23 (Purchasers of Valuable Articles), Section 4, Subsections C-2, L, N , Q, and S -Purchasers of Valuable Articles, to read as follows: 5-23-4: SPECIAL LICENSE REQUIREMENTS : C. A purchaser of Valuable Articles License holder shall keep a numerical register which will include the following information: 2 . The customer's driver's license number or other identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Seetion 18 16 103 G.R.S. STATE STATUTES , L . Every purchaser of valuable articles license holder shall, at his/her expense , keep records or provide reports in such manner and by such methods as may be determined from time to time by the Department of Safety Se1·viees LOCAL LAW ENFORCEMENT AGENCY or the Licensing Officer. N. No purchaser of valuable articles license holder, employee , or agent of the purchaser of valuable articles license holder shall purchase any valuable article from any person known to be a thief or to have been convicted of larceny or burglary, without first notifying the Department of Safety Serviees LOCAL LAW ENFORCEMENT AGENCY. Such notice shall not be deemed as authorization by the City for the purchaser of valuable articles to make a purchase from such person. Q . Any police officer may order a Purchaser of Valuable Articles License holder to hold any valuable article for purposes of further investigation. A hold order shall be effective upon verbal notification to the purchaser of valuable articles license holder by any police department. No sale or other imposition may be made of such property held by any purchaser of valuable articles while the hold order remains outstanding. A hold order shall supersede all other provisions of this Section, and any sale or other disposition of the property after the purchaser of valuable articles has been notified by the Department of Safety Services LOCAL LAW ENFORCEMENT AGENCY of a hold order shall be unlawful and a violation of this Section . 2 1 S. A license holder who purchases any valuable article from a customer who is not the owner thereof obtains no title to the article . Ignorance of the fact that the article was lost or stolen shall not be construed to have any effect on ef the Title . If the Purchaser of Valuable Articles License holder shall sell such article to a third person, the license holder shall recover the article or reimburse the fair market value of the article. The lawful owner may, upon proof of his or her ownership of the article lost or stolen, claim the same from the license holder or recover the same by the appropriate legal meanS . Section 38 . The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 24 (Tattoo), Section 1, to read as follows: 5-24-1: DEFINITIONS: In addition to the definitions listed in E .M.C. 5-1-1 , and for the purpose of this Code in all matters relating to the licensing of tattoo establishments, the following terms, phrases , words, and the derivations shall have the following meanings: DERMAGRAPHICS: TATTOO: TATTOOING: TATTOO ESTABLISHMENT: WRITING ON SKIN . SHALL BE CONSIDERED A TATTOO IF THE DESIGN OR WRITING IS INDELIBLE. An indelible mark or figure fixed upon the body by insertion of pigment under the skin or by production of s cars . The act of inserting any pigment under the skin or producing scars that leave any indelible mark or figure fixed upon the body. Any corporation, company, partnership , or individual that offers or performs tattooing for any fee , charge , or remuneration of any kind . S ection 39 . The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 24 (Tattoo), Section 4, Subse ctions A and H, to read as follows: 5-24-4: SPECIAL LICENSE REQUIREMENTS: In addition to all other provisions of this Title , the following special requirements apply to this license: A . License holders are required to operate in accordance with applicable municipal CITY lawS and State Statutes as administered by the x'llapahoc County Tri-County Health Department. H. License holder shall at all times have Comprehensive General Liability INSURANCE with a minimum combined single limit of liability for bodily injury and property damage of one hundred thousand MILLION dollars ($100,000.00 $1 ,000,000 .000) per occurrence and IN THE aggregate. Section 40 . The City Council of the City of Englewood, Colorado hereby amends Title 5 , Chapter 25 (Hobby Breeders), Section 3-A , to read as follows: 22 -. • • • ' - • • • 5-25-3: SPECIAL APPLICATION REQUIREMENTS: In addition to application provisions in Title 5, Chapter 1, applicants for a hobby breeders license shall also comply with the following: A. An affidavit OBTAIN SIGNATURES from each adjoining landowner expressing consent and acknowledging that they have no objection to the issuance of the license ; and Section 41. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 26 (Trash), Section 4 , Subsections A , E , and the addition of a new Subsection G -2 , to read as follows: 5-26-4: SPECIAL CONDITIONS AND RESTRICTIONS OF LICENSE: In addition to licensing conditions set for in Chapter 1 of this Title, the following special provisions shall apply . A. All vehicles hauling, transporting, or picking up trash shall comply with regulations relating to size , weight, and load as described in Part 8 of the Model Traffic Code for Colorado municipalities as adopted by the City of Englewood. E . The licensed hauler must notify the Licensing Offieia :-OFFICER of hauler's location for disposal and shall notify the Licensing Officer of any change in location within thirty (30) days. G-2. THE LICENSE HOLDER SHALL AT ALL TIMES HA VE Comprehensive General Liability Insurance, with a minimum combined single limit of liability for bodily injury and property damage Ett' OF one hundred thousand MILLION DOLLARS ($100,000 .00 $1,000,000.00) PER OCCURRENCE AND IN THE AGGREGATE. Section 42. 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 43. 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 44 . 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 45 . 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 23 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 46. 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 15th day of March; 1999. Published as a Bill for an Ordinance on the 19th day of March, 1999. Read by title and passed on final reading on the 5th day of April, 1999 . Published by title as Ordinance No . /.2.., Series of 1999 , on the 9th day of April, 1999. 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. l!J_, Series of 1999. d(i~tffito Loucrishia A. Ellis 24 .. • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance to "clean-up" Title 5 (Business and License Regulations) of the March 15, 1999 10 a i Englewood Municipal Code Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council met with City staff to discuss the proposed changes to Title 5 at a study session on February 8 , 1999 . RECOMMENDED ACTION City staff recommends City Council approve this bill for an ordinance making changes to Title 5 of the City Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City staff has reviewed and identified a number of changes to Title 5 that correct, clarify, delete, and add to the current business license requirements. The changes are needed to insure that licensing helps protect the health, safety, and well-being of citizens. Also , the changes are intended to clarify licensing requirements so businesses better unders t and their responsibilities. FINANCIAL IMPACT This action will not have a material impact on City finances. LIST OF ATIACHMENTS Proposed bill for an ordinance Miscellaneous Business Licensing Changes • General Fees Type of General Fee Applicability Amount Clean-up Depo sit As required by $100.00 ordin anc e or Licensing Officer Sales T ax Depo si t For all busine sses who Se t by Licen si ng Officer do not hold a va lid. permanent sa les tax license Amusement Licenses Type of License Annual Fixed · Annual Fee per Background Application License Fee Table, Machine Investigation Fee or Lane Fee Amusement Arcade $100.00 $10.00 Amusement Center $100.00 $10.00 Bill iards and Pool Hall $100.00 $10.00 Bowlin _g Alley $10.00 Type of License Annual License Background Application Fee Fee Investigation Fee Public Dance or Ba ll $100.00 $10 .00 • Direct Sellers and Food Vendor Licenses Type of License 3 Month Annual Special Sales Tax Deposit Clean-up Deposit if License License Ev•ent if Applicable Applicable Fee Fee Licem;e and App. Fee 7 da:vs or le :ss Direct Sellers $5 .. 00 Food Vendor $25.00 $75.00 $5.00 G d Att kD uar or ac Of.: Type of License Annual License Fee N·on-refundable Fee for Application Fee Re-inspection Gu ard or Attack Dog $50.00 $10.00 $25.00 Police and Detective Services Type of License Annual License Fee Application Fee Comments P olice and Detectiv e $100.00 $ l l0 .00 iAeh:iaes These fees are being Services baekgrouAEi eheek removed along with the Ordinance • • Temporary $100.00 Em lo ment T h R f L" ras au inf( zcense Type of License Trash Hauling • • A lication Fee Annual Fee per Vehicle $5 .00 Comments Changing lie. fee from $250.00 to $100.00 Comments This fee was removed from the Code by Ord. 15-97/98 . No resolution establishing the fee has been submitted to Council.