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HomeMy WebLinkAboutOrdinance-1986-0703INTRODUCED BY COUNCILMEMBER WEST Ordinance No. 703 Series of 1986 TITLE: AN ORDINANCE AMENDING CHAPTER 21, TAXATION, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, BY ADDING ARTICLE VI, ESTABLISHING A BUSINESS LICENSE AND FEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 21, Taxation, of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of Article VI, Business License and Fees, containing Sections 21-70 through 21-84, inclusive, to read as follows: ARTICLE VI. BUSINESS LICENSE AND FEES Sec. 21-70. Legislative Intent and Application. (a) It is hereby declared to be the intent of the City Council that no person may engage in business within the City of Wheat Ridge unless he obtains a valid business license issued pursuant to this Article, except as otherwise provided in the City Code. (b) The provisions of this Article shall apply to and govern the application for issuance, regulation, suspension and revocation of business licenses, except that: (1) The requirement of any ordinance relating to any license or licensed activity shall be complied with and enforced in addition to the requirements of this Article. (2) The provisions of this Article shall be construed to effect the purposes of providing orderly procedures, observation of the requirements of due process of law, and implementation of the purposes of the ordinances of the City. Sec. 21-71. Definitions. Business: "Business" shall mean any business, trade, occupation, profession, avocation or calling of any kind carried on or engaged in by a person, having a fixed or transitory situs within the City. City: "City" means the City of Wheat Ridge, Colorado. City Code: "City Code" shall mean the Code of Laws of the City of Wheat Ridge, Colorado. He: "He" shall include "she" or "it" as the gender or nature of the referenced person may require. License: "License" shall mean the business license required by this Article VI. Person: "Person" shall mean any individual, firm, copartnership, joint venture, corporation, estate or trust, receiver, trustee, assignee, lessee or any person acting in fiduciary or representative capacity, whether appointed by a court or otherwise, and any group or combination acting as a group and the plural as well as singular number. Sec. 21-72. Applications. (a) An application for a license shall be made on forms prescribed by the City Treasurer and filed at the offices of the City Treasurer, in compliance with the provisions of this Article. (b) Application shall be made prior to the commencement of business within the City, or in the event of a renewal, prior to January 1 of the calendar year for which the license is sought. A thirty (30) day grace period after the application deadline shall be permitted. (c) A business license shall be required in addition to all other licenses required by the City Code or state statute, except that contractors subject to licensing pursuant to Article III of Chapter 5 of the City Code shall not be required to apply for a business license. (d) Unless otherwise provided by law, if an application for a license has been timely filed, the applicant may continue in business within the City unless or until the application is denied. Sec. 21-73. Issuance of License. (a) No license shall be issued unless the City Treasurer finds, after_ investigation, that: (1) All applicable provisions of the City Code and state statutes have been met by the applicant; (2) The required fees and previously assessed penalties have been paid; (3) The application has been reviewed by the City zoning officials, the use is valid under the City land use ordinances and all required inspections have been performed. (b) Any license issued in error may be cancelled. (c) Upon issuance, the license shall be mailed to the licensee at the address stated in the application. 2 Sec. 21-74. Licenses. (a) Every license shall show upon its face: (1) The name of the person and the trade name of the business to whom such license has been issued; (2) The kind of license; (3) The time period for which the license is issued, giving the date of expiration; (4) The street address, if any, where such business is regularly carried on; (5) Such other information deemed necessary by the City Treasurer. (b) A separate license shall be required for each location of a business within the City. (c) No license shall be transferred from one person or business or location to another. Any change of ownership, nature of business or location shall require a new application and license, including the applicable fees. (d) The license for a particular business location shall be posted at all times that it is in effect in the principal room or office of the business. No expired or invalid license shall remain posted. The license shall be exhibited upon request of any law enforcement officer or City official. (e) City inspectors and investigators shall be permitted access to the licensed premises at all reasonable times for the purpose of performing their duties under City and state law. Such inspections and investigations at reasonable times shall not be hindered in any manner. (f) The City Treasurer shall keep a record of all licenses issued, including the name of each licensee and business, the location of the business and the type of licenses issued. Sec. 21-75. Expiration of and Renewal of License. (a) All licenses shall expire on December_ 31 of each calendar year. (b) A renewal notice shall be sent to each licensee prior to the expiration of the license. The license may be renewed by filing a new application and paying applicable fees as required by this Article. 3 (c) Except as otherwise provided by the City Code, the City Treasurer may, in his discretion, waive the submission of a renewal application, so long as the application and license fees imposed by this Article are paid in a timely manner. Sec. 21-76. Denial of License. (a) If the City Treasurer finds that the applicant has not satisfied the prerequisites of this Article, the application for a license shall be denied. (b) If the City zoning officials disapprove issuance of a license, such disapproval shall be endorsed on the face of the application and written reasons for such disapproval shall be provided to the City Treasurer. (c) A license may be denied for any reason that it could be cancelled, suspended or revoked. (d) A license may not be denied solely on the grounds that the licensee has previously had a license denied, cancelled, suspended, or revoked, so long as the prerequisites of this Article are met and the City Code does not otherwise require denial. Sec. 21-77. Cancellation. A license shall be cancelled by the City Treasurer: (a) When it appears that issuance of the license was illegal; or (b) The license was mistakenly issued to the wrong person or premises or the wrong license was issued; or (c) When any fee or penalty is unpaid; or (d) Upon grounds provided by ordinance or by statute. Sec. 21-78. Suspension. A license may be suspended, with or without conditions, by the City Treasurer: (a) When any activity conducted pursuant to such license violates an ordinance or statute; or (b) Upon any grounds which would authorize revocation of a license except grounds which make revocation mandatory; or (c) Upon any ground of suspension provided by the City Code. Sec. 21-79. Conditional suspension. A license may be conditionally suspended upon any grounds authorizing suspension thereof. 4 Sec. 21-80. Revocation. A license may be revoked by the City Treasurer: (a) When it appears that the license was obtained by fraud or misrepresentation or false statements within the application; or (b) When it appears that the activity conducted pursuant to such license is a public nuisance as defined by ordinance or by statute; or (c) Upon any grounds of revocation provided by the City Code. Sec. 21-81. Adverse action general provisions. (a) When grounds exist therefor a license may be cancelled, suspended or revoked by the City Treasurer upon the expiration of a reasonable period of time, not less than ten (10) days, stated in notice given by certified mail, return receipt requested, to the address of the licensee as shown on the records of the City Treasurer. Notice of denial shall be given in the same manner and shall include a reasonable time period within which the applicant may request a hearing. All references to licensee in this section shall also apply to applicants who have been denied a license. Within the period of notice, the licensee may either: (1) Perform any act or cure any default necessary to avoid the adverse action; or (2) Request a hearing, in which event the license shall not be denied, cancelled, suspended or revoked, except as provided by subsection (b) of this section. (b) Except as otherwise provided in this section, no license shall be denied, cancelled, suspended or revoked without affording opportunity for a hearing before the City Treasurer. (c) A licensee shall be deemed to have been afforded opportunity for a hearing if notice of the proposed adverse action, and the grounds therefor, which may include notice of the date, time and place of a hearing, is given in the manner provided herein, and (1) The notice is not delivered because the licensee has moved from the address stated in the license or application therefor; or (2) The notice is not delivered because the address stated in the license or application therefor is false or nonexistent; or (3) The notice is not delivered because the licensee refuses to accept the certified mail; or 5 (4) The licensee, having received a notice that an adverse action will be taken unless a hearing is requested, fails to request a hearing within the time stated in such notice; or (5) The licensee, having received notice of hearing, fails without good cause to attend such hearing in person or by counsel; or (6) The licensee, having requested a hearing, fails without good cause to attend such hearing in person or by counsel. (d) The City Treasurer may nominate another officer or employee of the City to sit as a hearing officer to conduct any hearing requested by a licensee, but no final adverse action shall be taken except by the City Treasurer after reviewing the recommendations of the hearing officer and the record of the hearing. (e) Nothing in this Article shall authorize adverse action against a licensee based upon consumer complaints against a business. (f) Notwithstanding the procedures set forth in this section, the City Treasurer may enter an order for immediate suspension of a license, pending further investigation for a period not to exceed ten (10) days, upon a finding that probable cause exists for revocation of a license of a business regulated and controlled under the police power of the City or the state. (g) Any surrender of a license shall not affect the civil or criminal liability of the licensee nor entitle the licensee to a refund of any fees paid prior to surrender. (h) No revocation, suspension or surrender of a license shall impair or affect the obligation of any lawful contract between the licensee and third parties, unless the contract so requires. Sec. 21-82. Fees. (a) The annual license fee shall be ten dollars ($10.00). (b) A nonrefundable application fee of five dollars ($5.00) shall be paid at the time of filing an application. (c) The license fee shall be paid at the time of filing an application, which fee shall be refunded in the event of denial of the license or withdrawal of the application prior to issuance of the license. (d) Fees may be paid in cash or by check, bank draft or money order. Fees paid in any form except cash will be accepted by the City Treasurer subject to collection. 6 (e) Whenever any check, bank draft or other instrument received by the City Treasurer for payment of any fee or penalty is returned unpaid or uncollectible, such fee or penalty shall be deemed unpaid. Any license issued while a required fee or penalty assessed pursuant to the City Code remains unpaid shall be cancelled. (f) In the event that a license is sought for a time period between August 31 and December 31 of a calendar year, the full application fee and one-half (1/2) of the license fee shall be paid. (g) A fifty dollar ($50.00) late application fee shall be assessed, in addition to the regular application and license fees, for any application received more than thirty (30) days after the commencement of business within the City or, in the case of a renewal, any application received after January 30 of the calendar year for which the license is sought. This late application fee shall be in addition to all other fees and penalties that may be assessed pursuant to the City Code. (h) The City Treasurer may issue a replacement for a lost or damaged license upon payment of a five dollar ($5.00) fee. Sec. 21-83. Violations. It shall be a violation of the City Code to conduct business within the City without a valid business license or without an application filed in a timely manner with the City Treasurer unless specifically exempted from the provisions of this Article. Each day that a business is conducted in violation of the City Code shall be a separate offense. Any violation of this Article shall also be subject to prosecution as provided by the City Code. Sec. 21-84. Effect on Contracts. No provision of this Article nor any provision pertaining to any license shall be construed to affect liability under any contract, the terms and provisions of any contract, or to avoid such contract. Section 10. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person oc circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect 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 7 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 become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 24th day of November , 1986, 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 December 8 , 1986, 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 6 to 2 this 8th day of December 1986. 1986SIGNED by the Mayor on this 9th day of December . Frank Stites, Mayor ATTEST: Wanda Sang, City Cler 1st Publication: 11/27/86 APPROVE 2nd Publication: 12/11/86 OFFICE Wheat Ridge Sentinel: Effective Date: 12/26/86 Johr~/E. Hayes BY 8