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HomeMy WebLinkAboutOrdinance 2012-1507CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 02 Ordinance No. 1507- Series 2012 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 11 TO UNIFY THE CONDITIONS FOR THE REVOCATION OR SUSPENSION OF A BUSINESS LICENSE AND TO PROVIDE FOR ADDITIONAL CLARIFICATIONS WITHIN THE CHAPTER WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution ; and WHEREAS, the Council has exercised these powers by the adoption of Chapter 11 , Article II of the Wheat Ridge Code of Laws ("Code") concerning bus iness licenses; and WHEREAS, Code Sec . 11-31 addresses suspension of a license , Code Sec. 11- 32 addresses conditional suspension of a license and Code Sec . 11-33 addresses revocation of a license ; and WHEREAS, for consistency of administration , the Council has determined that the conditions for suspending , conditionally suspending or revoking a license should be the same ; and WHEREAS, contemporaneously with this amendment, the Council has determined that additional sections of Chapter 11 should be amended for the sake of clarification . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Sec . 11-31 is hereby repealed in its entirety and reenacted to read as follows : Sec. 11-31. Suspension, conditional suspension or revocation . A business license may be suspended , conditionally suspended or revoked by the city treasurer pursuant to sec . 11-32: (1) When any activity conducted pursuant to such license violates a city ordinance or state statute ; (2) When it appears the activity conducted pursuant to such license is a public nuisance. When determining whether a public nuisance exists , the city treasurer shall consider whether the activity in question is substantially similar to a public nuisance as defined by Chapter 15 of this code , state statute or the common law ; (3) When it appears the license was obtained by fraud or misrepresentation or false statements within the application for such license ; (4) When the business or activity being conducted under the license is a different business or activity than the business or activity for which the license was originally granted or duly amended . (5) Upon any other grounds provided by this Code . Section 2. Current Code Sees . 11-32 and 11-33 are hereby repealed in their entirety . Sec . 11-34 is hereby renumbered as Sec . 11-32 . The remaining Sees . 11-33 and 11-34 are reserved for future enactment. Section 3. The last sentence of Code Sec. 11-32 (c) is amended as follows : The City Treasurer or other hearing officer shall determine whether the reasons for the denial, suspension , cancellation or revocation , as provided in sections 11-27 , 11-28, and 11-30 through ~ 11-31 , in fact exist. Section 4. Code Sec. 11-32 is hereby amended by the addition of the following subsection (i) to read as follows: (i) IN THE EVENT THE LICENSEE FAILS TO TAKE ACTION AS PROVIDED IN SUBSECTION (A)(1) OR (B) OF THIS SECTION , AT THE CONCLUSION OF THE TWENTY (20) DAY PERIOD SET FORTH IN SEC . 11-32 (A), THE CITY TREASURER MAY SUMMARILY REVOKE , SUSPEND OR CONDITIONALLY SUSPEND THE LICENSE AND MAIL NOTICE OF SUCH DECISION TO THE LAST KNOWN ADDRESS OF THE LICENSEE , RETURN RECEIPT REQUESTED . Section 5. Code Sec. 11-226 (d)(2) is amended as follows: Any nonresident vendor who fails to comply with such order or directive may be issued a summons and complaint pursuant to section 22 46(h) 11- 22, or may be subject to the impoundment of his property as specified in paragraph (e) of this section . Section 6. Direction to codifier. The codifier of the City Code is hereby directed to amend any cross-references in the Code which are impacted as a result of the renumbering of City Code sections by this Ordinance . Section 7. Severability, Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 8 . Effective Date. Th is Ordinance shall take effect fiftee n (15) days after final publication, as provided by Section 5.11 of the Charter . INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of February , 2012 , ordered p ublished in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for February 27 , 2012 at 7:00 p.m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of___!__ to _o_, this 27th day of February , 2012 . SIG N ED by the Mayor on this __ ATIEST: First Publication : February 16, 2012 Second Publication : March 1. 2012 Wheat Ridge Transcript Effective Date : March 16. 2012