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HomeMy WebLinkAboutOrdinance-1985-0642INTRODUCED BY COUNCILMEMBER MERKL ORDINANCE NO. 642 Series of 1985 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RAISING CERTAIN EXISTING OR ADDING CERTAIN NEW TAXES AND/OR FEES, SPECIFICALLY ADDING NEW SECTIONS 21-53, LODGER'S TAX, AND SECTION 21-54 ADMISSION'S/AMUSEMENT TAX; AND AMENDING EXISTING SECTIONS 21-5(i)(7) EXEMPT SALES (BY REMOVING EXEMPTION OF GAS AND ELECTRICITY USED IN PROCESSING OR MANUFACTURING), SECTION 3-3 (OCCUPATION TAXES ON LIQUOR LICENSES), SECTIONS 3A-7(A)(1),(2),(3) AND (5) (RAISING FEES ON AMUSEMENT DEVICES), SECTION 9A-6 (LICENSE FEES FOR GUARD SERVICES AND SECURITY AGENCIES), SECTIONS 5-81 AND 5-82 (FEES PURSUANT TO THE UNIFORM BUILDING CODE), AND SECTION 30 OF APPENDIX A (REZONING AND RELATED APPLICATION FEES)). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following Section 21-53, Lodgers Tax as follows: Section 21-53, LODGERS TAX. Effective January 1, 1986, there is hereby levied an excise tax on the price paid or charged for the lease, rental or furnishing of rooms or other public accommodations to any person who for a consideration uses, possesses, or has the right to use or possess any room or rooms or other public accommodations in any hotel, apartment hotel, guest house, guest ranch, mobile home, auto camp, trailer court or park or any other place furnishing rooms or other public accommodations under any concession, permit, right of access, license to use or other agreement. Such tax on public accommodations shall be subject to the following conditions: (1) The tax hereby levied shall be in lieu of City sales tax on said rental or furnishing of public accommodations. The sales tax hereby created in this section 21-53 shall not apply to the sale or sales of any goods, services or commodities other than the furnishing of rooms and accommodations. (2) The tax hereby levied shall be collected and paid at the rate of five percent (5%) of the purchase price paid or charged for such accommodations and shall exclude the sale of any goods, services and commodities other than the furnishing of rooms or other accommodations. (3) The person, partnership, corporation or other entity making such rooms or other public accommodations available shall for all purposes of this Chapter be deemed to be a "retailer or vendor" as defined in Section 21-1 of this Code of Laws. (4) The rental or furnishing of public accommodations for a period of at least thirty (30) consecutive days shall be exempt from the tax hereby created. Section 2. The Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following Section 21-54, Admissions/Amusements Tax as follows: 21-54: LEGISLATIVE INTENT: It is hereby declared to be the legislative intent of the City Council that on and after the effective date of this Chapter, every person who pays to gain admission or access to a performance of a motion picture or to the use of lanes and pin setters for bowling balls in a bowling alley in the City that is open to the public shall pay the tax imposed by this Chapter, and every person, whether owner, lessee, or operator, who charges or causes to be charged admission to any such performance of a motion picture or use of lanes and pin setters for bowling balls in a bowling alley shall collect the tax imposed by this Chapter. 21-54.1; DEFINITIONS: When not clearly otherwise indicated by the context, the following terms, words and phrases as used in this Section 21-54 shall have the following meanings: (A) "Person" or "Public" includes any individual, firm, co-partnership, joint venture, corporation, society, club, league, association, joint stock company, estate or trust, receiver, trustee, assignee, lessee, or any person acting n a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit, and the plural as well as the singular number. (B) "Treasurer" shall mean the Treasurer of the City of Wheat Ridge. (C) "City" shall mean the City of Wheat Ridge. (D) "Taxpayer" shall mean any person obligated to account to the Treasurer for taxes collected or to be collected under the terms of this Chapter (E) "Open to the public" shall mean any place or event or activity the admission or access to which is open to members of the public upon payment of a charge or fee. (F) "Theater Operator" shall mean any person, whether own, operator, lessee or any other person, who charges or causes to be charged admission to a performance of a motion picture theater open to the public. (G) "Bowling Alley Operator" shall mean any person, whether owner, operator, lessee or any other person, who charges or causes to be charged admission to a bowling alley or fees for the utilization, lease or rental of bowling alleys and pin setters for bowling balls in a bowling alley open to the public, including charges for bowling by the line. (H) "Vendor" shall mean any theatre operator or bowling alley operator. (I) "Tax" shall mean an excise tax of four percent (4%) of each admission charge. (J) "Admissions charge" shall mean any charge for the right or privilege of admission to a performance of a motion picture open to the public or any charge for the right or privilege to the use of bowling alleys and pin setters for bowling balls in a bowling alley open to the public, including charges for bowling by the line. 21-54.2: EXCISE TAX BASED ON ADMISSIONS: There is hereby imposed an excise tax of four percent (4%) of each admission charge on every vendor, as defined herein, operating within the limits of the City of Wheat Ridge. Said excise tax is in addition to all other taxes imposed by law. 21-54.3: EXEMPT TRANSACTIONS: The following persons, including vendors, are exempt from the payment or collection of the tax levied by this Chapter. A. The United States government and the State of Colorado, and the political subdivisions thereof, including the City, in the conduct of their governmental functions; 2 B. Religious, charitable and eleemosynary organizations in the conduct of their religious, charitable, and eleemosynary functions, provided that a letter of exemption from the City is possessed by such organization; C. A school, other than a school held or conducted for private or corporate profit, in the conduct of its educational functions, provided that a letter of exemption from the City is possessed by such school. D. Any person who refunds an admission charge for any reason, either before or after an event has taken place, and refunds the tax along with the charge. E. Any person who provides free passes, complimentary admission tickets or otherwise does not collect an admission charge, but if such person imposes a reduced charge, whether for a pass, complimentary admission or otherwise, the tax imposed in this Chapter is applicable to the amount of such charge. 21-54.4: ALL MONIES DUE THE CITY TO BE HELD IN TRUST: All sums of money collected by a vendor or due the City pursuant to this Chapter are public monies that are the property of the City. The person required to collect and remit this tax shall hold all such monies in trust of the sole use and benefit of the City until remitted to the City in the manner prescribed by Chapter 21 of the Code of Laws of the City. Section 3. Section 21-5(i)(7) of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (7) Tangible personal property purchased or leased from a vendor by a person engaged within the city in the business of manufacturing for wholesale sale or compounding for wholesale sale, when such tangible personal property is an article, substance or commodity which becomes an ingredient or component part of the product manufactured, which product is itself tangible personal property, and the container, label, and shipping case thereof. THE EXEMPTION STATED HEREIN SHALL NOT INCLUDE NATURAL GAS AND/OR ELECTRICITY USED IN THE PROCESSING OR MANUFACTURING OF GOODS OR COMMODITIES OR SUBSTANCES. Section 4. Section 3-3 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: There is hereby levied and assessed for each year an annual occupation tax upon the business of selling 3.2 percent beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, as such occupation has been herein classified as follows: (a) For all class "G" operators, seven hundred dollars. (b) For all class "F" operators, five hundred dollars. (c) For all class "D" operators, five hundred dollars. (d) For all class "E" operators, five hundred dollars. (e) For all class "C" operators, seven hundred dollars. (f) For all class "Jl" operators, five hundred dollars. (g) For all class "J2" operators, five hundred dollars. (h) For all class "J3" operators, one thousand nine hundred dollars. (i) For all class "T" operators, one t housand one hundred dollars. Section 5. Section 3A-7 of the Code of Laws of the City of Whea dge is hereby repealed and reenacted as follows: (a) Fees for person licensed under the provisions of this chapter are as follows: 3 (1) Amusement arcade; annual fee. Applicants or holders of an amusement arcade license shall pay a yearly fee of fifty dollars per amusement device maintained upon the premises. (2) Amusement center; annual fee. Applicants or holders of an amusement center license shall pay a yearly fee of fifty dollars per amusement device maintained upon the premises. (3) Establishment maintaining amusement devices; annual fee. Any person owning or operating an establishment maintaining amusement devices, as defined in section 3A-1 hereof, shall pay a yearly fee of fifty dollars per amusement device maintained upon the premises, and shall be issued, upon such payment a certificate of payment by the city clerk indicating the number of approved devices maintained upon the premises. An establishment maintaining amusement devices, as herein defined, shall not be subject to the provisions of sections 3A-2, 3A-3, 3A-4 or 3A-10 hereof, but shall be subject to all other provisions of this chapter. (4) Amusement arcade; investigation fee. Applicants for an amusement arcade license shall pay an investigation fee of fifty dollars to cover the cost of investigation required by this chapter. (5) Additional devices acquired during license period; fee per device. All applicants and holders of amusement center or amusement arcade licenses shall report to the city clerk the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the city clerk at that time the fee of fifty dollars for each additional amusement device for the remainder of the original license period. Failure to report additional amusement devices to the city clerk shall constitute a violation of this chapter and be grounds for imposition of a fine or penalty as provided and for revocation or suspension of the license granted pursuant to this chapter. (b) The city treasurer shall issue a receipt for the payment of these fees. (c) The city clerk shall not be required and is not authorized to make any refund or rebate of any of the fees paid pursuant to this section 3A-7. Section 6. Section 9A-6 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: The annual license fee for persons engaged in the merchant guard or merchant patrol business, business or industrial guards, and agents and employees of merchant guard or merchant patrols shall be as follows: (a) Business or industrial guards and agents and employees of merchant guards or merchant patrols working within the city $25.00 per year. (b) Merchant guards or merchant patrols employing fewer than six agents or employees working within the city.... $40.00 per year. (c) Merchant guards or merchant patrols which employ six to nine agents or employees working with the city.......... $65.00 per year. (d) Merchant guards or merchant patrols which employ ten to nineteen agents or employees working within the city.... $90.00 per year. (e) Merchant guards or merchant patrols which employ twenty or more agents or employees working within the city.... $115.00 per year. (f) No application fee shall be required on application for renewal of an existing license. Any change of ownership of merchant guard or merchant patrol shall require a new application and license, with payment of fee therefor. (g) In addition to the annual license provided hereinabove, the city clerk may issue a temporary license for a period not to exceed thirty days to any business or industrial guards, agents, and employees of merchant guards or merchant patrols, upon the submission of a satisfactory application, as provided in section 9A-3 and sub-sections thereof, upon approval of the chief of police. 4 (h) All annual licenses issued under the provisions of this ordinance shall expire at midnight, twelve months from the date of issuance, and such expiration date shall be designated on the license by the city clerk. Section 7. Section 5-81 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: The following table shall govern the assignment of value for the purpose of establishing building permit fees: BUILDING AND EQUIPMENT VALUATION SCHEDULE (includes plumbing, heating and electrical) Occupancy and Type: Cost per Square Foot (1) Apartment houses: Type I or II--F.R.* $ 49.88 Type V-Masonry (or Type III)........... 37.32 Type V-Wood Frame 32.85 Type I-Basement garage 20.64 (2) Banks: Type I or II F.R.* $ 83.94 Type III-One-hour, o 68.20 Type III-N. oo 65.02 Type V-One-hour, 59.68 Type V-N 56.85 (3) Churches: Type I or II F.R $ 54.95 Type III-One-hour.. Type III-N 43.34 Type V-One-hour 41.11 Type V-N............. 39.13 (4) Convalescent Hospitals: Type I or II F.R.* $ 77.83 Type III-One-hour 62.95 Type V-One-hour 57.10 (5) Dwellings: Type V-Masonry......................... $ 46.05 Type V-Wood frame, o 42.65 Basement-finished 11.09 -unfinished 9.91 (6) Hospitals Type I or II F.R.* $ 92.88 Type III-One-hour 86.69 Type V-One-hour........................ 79.46 (7) Hotels and Motels Type I or II F.R.* $ 57.46 Type III-One hour 49.54 Type III-N 47.21 Type V-One-hour 42.05 Type V-N 40.08 (8) Industrial Plants: Type I or II F.R...................... $ 33.02 Type II-One-hour...... oo 22.88 Type II (stock) 21.76 Type III-One-hour 24.51 Type III-N..... oooo o 23.05 Tilt up... o oo 16.25 Type V-One-hour....................... 22.45 Type V-N 21.41 (9) Medical Offices: Type I or II F.R.* $ 69.83 Type III-One-hour 55.73 Type III-N 53.15 Type V-One-hour 51.43 Type V-N 49.02 (10) OFFICES: Type I or II F.R.* $ 61.32 Type III-One-hour 43.43 Type III-N 41.37 5 Type V-One-hour 39.56 Type V-N 37.67 (11) PRIVATE GARAGES Wood frame $ 11.78 Masonry, .........15.79 Open Carports, Patio and Porches 8.43 (12) PUBLIC GARAGES: Type I or II F.R.* $ 27.69 Type II-N 18.06 Type III-One-hour 19.78 Type III-N 18.40 Type V-One-hour 16.17 (13) RESTAURANTS: Type III-One-hour $ 53.15 Type III-N 50.57 Type V-One-hour 47.13 Type V-N 44.89 (14) STORES: Type I or II F.R.* $ 46.78 Type III-One-hour 37.58 Type III-N. o o. 35.78 Type V-One-hour....................... 28.98 Type V-N.............................. 27.61 (15) SCHOOLS: Type I or II F.R $ 66.99 Type III-One-hour 48.68 Type III-N 46.35 Type V-One-hour 43.95 (16) SERVICE STATIONS: Type II-N $ 36.89 Type III-One-hour 39.39 Type III-N 36.60 Type V-One-hour 15.05 (17) THEATERS: Type I or I F.R $ 64.50 Type III-One-hour 45.41 Type III-N 43.26 Type V-One-hour 40.51 Type V-N 38.53 (18) WAREHOUSES: Type I or II F.R $ 28.72 Type II or V-One hour 17.03 Type II or V-N 15.65 Type III-One-hour 19.61 Type III-N 18.66 (19) EQUIPMENT: Air Conditioning: Commercial $ 2.80 Residential 2.40 Sprinklers $ 1.30 Section 8. Section 5-82 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Based upon the valuation established in section 5-81 hereof, permit fees shall be as follows: Total Valuation Fee $1.00 to $500.00.......... $15.00 $501.00 to $2,000.00...... $15.00 for the first $500.00 6 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $1,000„0001 - up plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $45.00 for the first $2000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 including $25,000. $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $2,039.50 for first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $3,539.50 plus $2.00 for each additional 1,000 Section 9. Section 30 of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Applications for rezoning shall be submitted on forms provided by the Department of Community Development. A fee of $200.00 for standard rezonings, or $300.00 for rezoning to any Planned Development District, shall accompany each application, except as otherwise specified in this Ordinance. OTHER FEES APPLICABLE TO ZONING AND ZONING RELATED SUBMISSIONS ARE AS FOLLOWS: Site Plan Review $150.00 Special Use Permits $50.00 Variances $50.00 Subdivision (Minor) $100.00 Subdivision (Major) $150.00 plus $5.00 per lot A site plan, a legal description and proof of ownership shall also be submitted at time of application. No application shall be considered unless all requirements have been met and all fees paid. Notification of any rezoning request is required to be published in a newspaper of general circulation in the community a minimum of fifteen days prior to public hearing. A sign, which is prepared by the Department of Community Development, shall be posted by the applicant a minimum of fifteen days prior to each public hearing. This sign shall be the responsibility of the applicant and, if proper posting is not accomplished, the public hearing may not be held. Only one postponement of public hearing due to improper posting shall be allowed. One public hearing before the Planning Commission and one public hearing before the City Council is required to rezone any property, unless otherwise provided for in this ordinance. Only one postponement by the application shall be allowed before either body. On the second request for a postponement, the Planning Commission or the City Council shall have the authority to dismiss the application. Fees shall only be refunded if there is no action taken by the City with respect to posting the property or publishing for the public hearing. 7 Section 10. 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 11. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, 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 attained. Section 12. This ordinance shall take effect January 1, 1986. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of October , 1985, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 28 , 1985, at 7:30 o'clock 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 5 to 3 this 28th day of October 1985. SIGNED by the Mayor on this 29th day of October , 1985. Frank Stites, Mayor ATTEST: I, i IL Wanda Sang, City Clerk lst Publication: 10/17/85 APPROVED AS TO FORM BY 2nd Publication: 11/7/85 OFFICE OF'"Cl-fiA TORNEY: Wheat Ridge Sentinel: Effective date: 1/1/86 John E. Hayes 8