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.
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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.
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(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.
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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
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(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.
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(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
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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
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