HomeMy WebLinkAbout2026 Ordinance No. 020
ORDINANCE NO. 20 COUNCIL BILL NO. 18
SERIES OF 2026 INTRODUCED BY COUNCIL
MEMBER PRANGE
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTION 5-1-9, AUTHORIZING AN ADMINISTRATIVE FINE FOR
BUSINESS LICENSE VIOLATIONS
WHEREAS, Englewood Municipal Code Title 5 contains licensure and operational
requirements for various businesses operating within the City; and
WHEREAS, Englewood Municipal Code currently authorizes the City Licensing Officer
to order compliance with licensure requirements, and to suspend or revoke licenses; and
WHEREAS, to establish a comprehensive hearing code procedure, and to repeal or amend
sections of the Code that are inconsistent with the new administrative hearing code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Englewood Municipal Code Section 5-1-9 is hereby amended to read
as follows (new provisions underlined; deleted provisions struck through):
5-1-9: - Hearings, Orders, and Appeals.
A. When a City official reports a violation of this Title, Code, law, statute, or ordinance by
a license holder related to the licensed activity, the Licensing Officer shall issue a provisional order
to comply along with a notice of administrative fine set by City Council.
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 holder of the specific violation(s). If the license holder cannot be served in this manner, the
premises may be posted.
2. Before the period forof compliance expires, as noted in the provisional order, the license
holder or the City may submit a written application for hearing to appeal any provision of the order
or the imposition of an administrative fine for the violation, to extend the time for compliance for
good cause shown, or to request additional relief outside of the order to comply. The Licensing
Officer shall order a hearing after reviewing the application.
3. a. The Licensing Officer’s designee shall holdorder a hearing within fourteen (14)
days of the receipt of the application for a hearing.
4. b. The Licensing Officer’s designee shall make a final decision in writing, within
thirty (30) days after the conclusion of the hearing.
3. Should the license holder not timely file an application for hearing, it shall instead
pay any administrative fine imposed and comply as ordered within the deadline(s) set by the order
to comply. Failure to timely comply and/or pay the fine imposed shall each constitute an
additional, new violation.
B. The Licensing Officer’s designee shall have the authority to revoke or suspend licenses,
Docusign Envelope ID: 9BD96334-B0DA-4E1D-AC83-7398B8674DBB
to extend the time for compliance, to grant a new hearing, to withdraw the administrative fine if
the alleged violation did not occur or for other good cause shown, and to change, modify or rescind
any recommendation or order.
C. When the conduct of any license 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’s designee shall have the authority to
summarily order the cessation of business and close the premises or to suspend or revoke the
license unless waived in writing, within fourteen ten (1410) days after the issuance of the summary
order, the Licensing Officer’s designee shall conduct a hearing. The Licensing Officer’s designee
shall make a final decision in writing, within thirty (30) days after the conclusion of the hearing.
D. Any license holder aggrieved by a final decision of the Licensing Officer’s designee
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 fourteen ten (1410) 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’s
designee and a statement by the license holder setting forth the basis of the appeal.
2. The City Manager’s designee 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 designee's finding was arbitrary and capricious.
4. The findings of the independent hearing officer shall be given the appellant and the
Licensing Officer.
5. If the independent hearing officer makes a determination that the Licensing Officer s
designee's finding was arbitrary 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 2. Update to City Fee Schedule.
The City of Englewood Schedule of Service, License and Permit Fees and Utility Rates shall be
amended as follows:
Administrative Fine for violations by a license holder under EMC 5-1-9
Except as established in Municipal Code for specific licenses, $100 for first violation; fine
increased by $100 for each additional violation within the prior two years
Section 3. General Provisions Applicable to this Ordinance.
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. 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.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
Docusign Envelope ID: 9BD96334-B0DA-4E1D-AC83-7398B8674DBB
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. 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.
D. 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. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City's official newspaper,
the City's official website, or both. Publication shall be effective upon the first publication by
either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
Introduced and passed on first reading on the 2nd day of March, 2026; and on second reading, in
identical form to the first reading, on the 16th day of March, 2026.
Othoniel Sierra, Mayor
ATTEST:
________________________________
Andreina Prado, Deputy City Clerk
I, Andreina Prado, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form
on first and second reading on the dates indicated above; and published two days after each
passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall
become effective thirty (30) days after first publication on the City’s official website.
Andreina Prado
Docusign Envelope ID: 9BD96334-B0DA-4E1D-AC83-7398B8674DBB