HomeMy WebLinkAbout11 - LICENSES, PERMITS, MISC BUSINESS REGS
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Chapter 11
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATlONS*
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Article I. In General
See. 11~1. Exempt institution license.
Sees. 11-2-11-20. Reserved.
Article IT. Business License And Fees
Sec. 11-21. Definitions.
Sec. 11-22. Violations.
Sec. 11-23. Scope of article.
See. 11-24. Applications.
Sec. 11-25. Issuance of license.
Sec. 11-26. Licenses.
Sec. 11-27. Expiration of and renewal of license.
Sec. 11-28. Denial of license.
Sec. 11-29. Fees.
Sec. 11-30. Cancellation of license.
See. 11-3L Suspension.
See. 11-32. Conditional suspension.
Sec. 11-33. Revocation.
Sec. 11-34. Adverse action.
Sees. 11-35-11-50. Reserved.
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Article m. Alcoholic Beverages
Division 1. Wheat Ridge Liquor Licensing Authority
Sec. 11-51. Definitions.
Sec. 11-52. Purpose.
See. 11-52.5. Liquor licensing authority established.
See. 11-53. Governance by state laws, rules and, regulations.
Sec. 11-53.5. Issuance and enforcement of subpoenas.
Sec. 11-54. Notification of certain conduct in licensed premises.
Sec. 11-55. Fine in lieu of suspension.
Sees. 11-56-11-62. Reserved.
Classification of operators.
Amount of tax levied.
When payable; taxpayer to designate business classification at
time of payment.
Revenue receipts-Issuance.
Same-Display.
No proration for portion of yeaI.
Delinquent payment.
Collection by court action.
Violation; continuing violation; no revocation of state license due
to violation.
Sees. 11-72-11-100. Reserved.
Sec. 11-63.
Sec. 11-64.
See. 11.65.
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Sec. 11-66.
Sec. 11-67.
See. 11-68.
Sec. 11.69.
Sec. 11-70.
See. 11-71.
Division 2. Occupation Tax
.Cross references-Adult entertainment facilities, Ch. 3; contractors, i 5-101 et seq.; tOwing vehicles, i 16-64; commercial
activity in parks, ~ 17-42; alarm systems, ~ 19-111 et seq.; taxation, Ch. 22; tree surgeons, etc., ~ 24-31 et seq.
State law references-Home rule powers, Col. Const. Art. XX, ~ 6; general authority to license, C.R.S. ~ 31-15-501.
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Supp. No. 21
681
WHEAT RIDGE CITY CODE
Article IV: Amusement Arcades Or Amusement Centers
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Division 1. Generally
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Sec. 11-101. Definitions.
Sec. 11-102. Penalties for violation.
See. 11-103. Gambling prohibited.
See. 11-104. Hours of operation; exceptions.
Sec. 11-105. Exemptions for establishments maintaining amus~ent devices.
Sees. 11-106-11-114. Reserved.
Division 2. License
Sec. 11-115.
See. 11-116.
Sec. 11-117.
Sec. 11-118.
Sec. 11-119.
Sec. 11-120.
Sec. 11-121.
Sec. 11-122.
Sec. 11-123.
Required; payment of fees.
Application.
Approval.
Term.
Renewal.
License fees.
Display; transfer; revocation or nonrenewal for inactive locations.
Suspension or revocation generally.
Termination of operations pursuant to license revocation, suspen~
sian or nonrenewal; operation pending appeal results; bond.
Sees. 11-124-11-140. Reserved.
Article V. Emergency Telephone Service Charge
Sec. 11-141. Imposed.
Sec. 11-142. Collection; reporting and remittance procedures.
Sees. 11-143-11-160. Reserved.
Sec. 11-161.
Sec. 11-162.
Sec. 11-163.
Sec. 11-164.
Sec. 11-165.
Sec. 11-166.
Sec. 11-167.
See. 11-170.
See. 11-171.
See. 11-172.
Sec. 11-173.
Sec. 11-174.
See. 11-175.
Sec. 11-176.
Sec. -1],,177.
Sec. 11-178.
Sec. 11-179.
Sec. 11-180.
Sec. 11-181.
Sec. 11-182.
Sec. 11-183.
Supp. No. 21
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Article VI. Guard Services And Security Agencies
Definitions.
Penalty.
Rules and regulations.
Identification cards, badges, uniforms and equipment.
Exhibition of identification cards.
Change in personnel.
Miscellaneous prohibited conduct.
Article VII. Pawnbrokers
Definitions.
Compliance; license required.
Licensing application; fee.
License fee.
Nontransferability of license.
License renewal.
Bond required.
Insurance required.
Letter from Zoning Administrator required.
Investigation and approval of applicants required; nontransfer-
ability.
Denial of license.
Revocation of license.
Managers; change of owner, shareholder, partner, officer, director
or manager.
Required acts of pawnbrokers.
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Supp. No. 17
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
Sec. 11-184.
See. 11-185.
Sec. 11-186.
Sec. 11-187.
Sec. 11-188.
Sec. 11-189.
Sec. 11-190.
Sec. 11-191.
Sec. 11-192.
Sec. 11-193.
Identification acceptable.
Accepting lost or stolen articles.
Prohibited acts of pawnbroker in the course of doing business.
Intermediate payment; receipts.
Sale of tangible personal property; notice to customer.
Hold orders and surrender of property.
Hours establishments closed.
Liability of pawnbroker.
Procedure of moving business.
Violations and penalties.
682.1
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11.23
ARTICLE I. IN GENERAL
Sec. 11-1. Exempt institution license.
(a) No exempt institution shall purchase in the
city or use in the city tangible personal property
or taxable services without payment of the tax
imposed by this Code unless the institution first
obtains an exempt institution license from the
city and presents its license or, if a government
entity, its license number to the vendor of tangi-
ble personal property or taxable services before
making a purchase, lease or use of the property or
services.
(b) The application for an exempt institution
license shall include the institution's articles of
incorporation and a copy of the institution's fed-
eral and state tax exemption letter, its bylaws,
and financial statements showing source and uses
offunds_
(c) As a condition of obtaining an exempt insti-
tution license, the institution shall agree to make
regular and complete reports of all purchases,
both those that are not taxable and those that are
taxable, including, without limitation, purchase
of property and services resold to members and
others and those used for other than the exempt
purpose uf the institution.
(d) Any exempt institution license issued by the
city treasurer may be issued subject to conditions
or restrictions which are consistent with, and au-
thorized by, the provisions of chapters 11 anc1Jor
22 of this Cnde of Laws.
(Ord. No. 1988-781, li 1(21-6), 12-12-86; Ord. No.
1991-869, li 1, 9-1-91; Ord. No_ 1991-123, li 1, 12-
23-91)
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Editor's note-The provisions set Qut above were originally
included in the Code as an amendment to the taxation chap.
ter. In order to provide for better classification, and in order to
facilitate the indexing, reference, and use of these provisions,
the editor, with the permission of the city, has redesignated
these provisions as a new 9 11.t.
Sees. 11-2-'11-20. Reserved.
Supp. No.9
ARTICLE n. BUSINESS LICENSE AND
FEES*
Sec. 11-21. Definitions.
The definitions applicable to this article can be
found in section 22-21.
(Ord. No. 1991-885, li 6, 12-23-91)
Cross reference-Definitions and roles of construction, S
1.2.
Sec. 11-22. Violations.
It shall be a violation of the City Code to con-
duct business within the city without a valid busi-
ness license or without an application filed in a
timely manner with the city treasurer unless spe-
cifically exempted from the provisions of this ar-
ticle. Each day that a business is conducted in
violation of the City Code shall be a separate
offense. Any violation of this article shall be sub.
ject to any of the remedies as provided by section
22-46 of this Code of Laws.
(Ord. No. 1988-781, li 1(21-14), 12-12-88; Ord. No.
1991-123, li 1, 12-23-91)
Sec. 11-23. Scope of article.
(a) Legislative intent. 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.
(b) Application. The provisions of this article
shall apply to and govern the application for, and
the issuance, regulation, suspension and revoca-
tion of, business licenses, except that:
(1) The requirement of any ordinance relating
to any license or licensed activity shall be
coIIlplied with and enforced in addition to
the requirements of this article.
OEdilor'. note-Section 2 of Ord. No. 1988.781, adopted
Dee. 12, 1988, repealed Ord. No. 1986-704, adopted Dec. 26,
1986, from which was derived the provisions codified herein
aa H 11.21-11-35. Section 1 of Ord. No. 1988.781 enacted
provisions amending the taxation chapter of this Code of
Laws. At the discretion of the editor, and with the permission
of the city ~ provisions pertaining to business licenses and fees
enacted by 11 ofOrd. No. 1988.7S1 have been redesignated as
a new Art. n, II 11.21-11.34, in order to provide for better
classification, indexing, reference and use.
683
~ 11.23
"WHEAT .RIDGE:CITY CODE
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(2) The provisions of this article shall be con-
strued to effect the purposes of providing
orderly procedures, observation of the reo
quirements of due process of law, and im-
plementation of the purposes of the ordi-
nances of the city.
(Ord. No. 1988-781, S 1(21-12), 12-12-88; Ord. No.
1991-869, S 1,9-1-91; Ord. No. 1991-123, S 1, 12-
23-91)
Sec. 11-24_ 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 com-
mencement of business within the city or, in the
event of a renewal, prior to January 1 of the cal-
endar year for which the license is sought. A
thirty-day grace period after the application dead-
line shall be permitted.
(c) A business license shall be required in ad-
dition to all other licenses required by the City
Code or state statute, except that contractors sub-
ject to licensing pursuant to Article IV, Division 2
of Chapter 5 of the City Code shall not be required
to pay for a business license.
(d) Unless otherwise provided by law, if an ap-
plication for a license has been timely filed, and
the applicant is not currently in violation of any
other provision of the city's Code of Laws and the
applicant does not owe the city past due or delin-
quent taxes, penalties or interest, the applicant
may continue in business within the city unless
or until the application is denied.
(Ord. No. 1988-781, S 1(21-3), 12-12-88; Ord. No.
1991-869, S 1,9-1-91; Ord. No. 1991-123, S 1, 12-
23-91)
Sec. 11-25. 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;
Supp. No.9
(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 re-
quired inspections have been performed.
(b) Any license issued in error may be canceled.
(c) Upon issuance, the license shall be mailed
to the licensee at the address stated in the
application.
(Ord. No. 1988-781, S 1(21-4), 12-12-88; Ord. No.
1991-123, S 1, 12-23-91)
Sec. 11-26. 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;
(4) The street address, if any, where such busi-
ness 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 loca-
tion shall require a new application and license,
including the applicable fees.
(d) The license for a particular business loca-
tion shall be posted at all times that it is in effect
in the principal room or office ofthe 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 inspec-
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684
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
9 11-29
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tions and investigations at reasonable times sball
not be hindered in any manner.
(f) The city treasurer shall keep a record of all
licenses issued, including the name of each lic-
ensee and business, the location of the business
and the type of licenses issued.
(Ord. No. 1988-781, 11 1(21-5), 12-12-88; OrcL No.
1991-123, 11 1, 12-23-91)
Sec. 11-27. Expiration of and renewal of li-
cense.
(a) All general business licenses shall expire on
December 31 of each calendar year. All exempt
institution licenses are issued for a three-year pe-
riod.
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(h) A renewal notice shall be sent to each lic-
ensee prior to the expiration of the license. The
license may be renewed by filing a new applica.
tion and paying applicable fees as required by this
article_
(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 chapter are paid in a timely manner and
the vendor is not delinquent in the payment of
any tax either collected and due the city, made by
or otherwise assessed by the city, or delinquent in
filing of required city sales and use tax returns.
(d) The city treasurer may authorize the re-
newal of an exempt institution license as long as
the organization has not changed the substance of
the data on the original application, and so long
as the licensee is not in violation of the terms of
its previous exempt institution license or any pro-
visions of the City's Code. ,
(Ord. No_ 1988-781, 11 1(21-7), 12-12-88; Ord. No.
1991-869, 11 1, 9-1-91; Ord. No. 1991-123, 11 1, 12-
23-91)
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Sec. 11-28. Denial oflicense.
(aJ If the city treasurer fmds that the applicant
has not satisfied the pre-requisites of this article,
the application for a license shall be denied.
(h) If the city zoning officials disapprove issu-
ance of a license, such disapproval shall be en-
Supp. No.9
dorsed on the face of the application and written
reasons for such disapproval shall be provided to
the city treasurer and the applicant.
(c) A license may be denied for any reason that
it could be canceled, suspended or revoked.
(d) A license may not be denied solely on the
ground that the licensee has previously had a
license denied, canceled, suspended, or revoked,
so long as the pre-requisites of this artiCle are
met and 'the City Code does not otherwise require
denial.
(Ord. No. 1988-781, 11 1(21-8), 12-12-88; Ord. No.
1991-123, 11 1, 12-23-91)
Sec. 11-29. Fees.
(a) The annual license fee shall be ten dollars
($10.00).
(b) A nonrefundable application fee of five dolo,
lars ($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 ex-
cept cash will be accepted by the city treasurer
subject to collection.
(e) Whenever any check, bank draft or other
instrument received by the city treasurer for pay-
ment of any fee or penalty is returned unpaid or
uncollectabJe, such fee or penalty shall be deemed
unpaid. Any license issued while a required fee or
penalty assessed pursuant to the City Code reo
mains unpaid shall be canceled.
(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 the license fee shall be paid.
(g) A fUty dollar ($50.00) late application fee
shall be assessed, in addition to the regular ap-
plication and license fees, for any application reo
ceived more than thirty (30) days after the com-
mencement of business within the city, or in the
case of a renewal, any application received after
685
~ 11-29
WHEAT RIDGE CITY CODE
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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.
(Ord. No. 1988-781, !l1(21-13), 12-12-88; Ord. No. ~
1991-123, !l1, 12-23-91)
Sec. 11-30_ Cancellation oflicense.
A license shall be canceled by the city treasurer:
(1) When it appears that issuance of the li-
cense was illegal;
(2) The license was mistakenly issued to the
wrong person or premises or the wrong li-
cense was issued;
(3) When any taxes due the city or penalties or
interest are unpaid; or
(4) Upon grounds provided by ordinance or by
statute.
(Ord. No. 1988-781, !l1(21-9), 12-12-88; Ord. No.
1991-123, !l1, 12-23-91)
Sec_ 11-31. Suspension.
A business license may be suspended, with or
without conditions, by the city treasurer:
(1) When any activity conducted pursuant to
such license violates an ordinance or statute;
(2) Upon any grounds which would authorize
revocation of a license except grounds which
make relocation mandatory; or
(3) Upon any ground of suspension provided
by the City Code.
(Ord. No. 1988-781, !l1(21-10(1)), 12-12-88; Ord.
No. 1991-123, !l1, 12-23-91)
Sec. 11-32. Conditional suspension.
A business license may be conditionally sus.
pended upon any grounds authorizing suspension
thereof.
(Ord. No. 1988-781, !l 1(21-10(2)), 12-12-88; Ord.
No. 1991-123, !l1, 12-23-91)
Supp. No.9
Sec. 11-33. Revocation_
A license may be revoked by the city treasurer:
(1) When it ~appears that the ~icense was ob-
tained by fraud or misrepresentation or false
statements within the application;
(2) When it appears that the activity conducted
pursuant to such license is a public nui-
sance as defined by ordinance or by stat-
ute; or
(3) Upon any grounds of revocation provided
by the City Code.
(Ord. No. 1988-781, !l1(21-11), 12-12-88; Ord. No.
1991-123, !l1, 12-23-91)
Sec. 11-34_ Adverse action.
(a) Whenever the city treasurer cancels, sus-
pends or revokes a license, the treasurer shall
state the grounds for such action in a notice given
by certified mail, return receipt requested, to the
address of the licensee as shown on the records of
the city treasurer. Notice oUheJienial of a license
application shall be given in the same manner.
All reference to "licensee" in this section shall
also apply to applicants who have been denied a
license. Within twenty (20) clays following the date
of the notice, the licensee may either:
(1) Perform any act or cure any default neces-
sary to avoid the adverse action; or
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(2) Request a hearing, in which event the li-
cense shall not be denied, canceled, suspended
or revoked, except as provided by paragraph
(b) ofthis section.
(b) Except as otherwise provided in this section,
no license shall be denied, canceled, suspended or
revoked without affording opportunity for a hear-
ing before the City Treasurer. In such hearing
the licensee shall have the opportunity to appear
in his own behalf, with or without the assistance
oflega] counsel, present evidence in his own behalf,
and cross-examine witnesses presented against him.
The City Treasurer or other hearing officer shall
determine whether the reasons for the denial, sus-
pension, cancellation or revocation, as provided in
sections 11-27, 11-28, and 11-30 through 11-33, in
fact exist.
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
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(c) A licensee shall be deemed to have been
afforded opportunity for a hearing if notice of the
proposed adverse action, and the grounds there-
for, which may include notice of the date, time and
place of a hearing, is given in the manner pro-
vided herein, and:
(1) The notice is not delivered because the
licensee has moved from the address stated
in the license or application therefor; pro-
vided, however, in such circumstances that
a notice has also been posted in a conspic-
uous place at the location as indicated on
the license or the application therefor for
at least twenty (20) days;
(2) The notice is not delivered because the
address stated in the license or applica-
tion therefor is false or nonexistent;
(3) The notice is not delivered because the
licensee refuses tn accept the certified
mail; provided, however, in such circum-
stances that a notice has also been posted
in a conspicuous place at the location as
indicated on the license or the application
therefor for at least twenty (20) days;
(4) The licensee, having received a notice
that an adverse action will be taken un-
less a hearing is requested, fails tn re-
quest a hearing within the time stated in
such notice;
(5) The licensee, having received notice of
hearing, fails without good cause tn at-
tend 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.
Notice shall be provided for as follows:
(1) Notice given under this article must be in
writing;
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Supp. No. 21
~ 11-50
(2) Notice shall be first attempted by per-
sonal service upon the individual identi-
fied as such person authorized to accept
service for the business;
(3) Upon failure to serve notice by personal
service, the city may send notice by certi-
fied mail, addressed tn the person autho-
rized to receive such notice; and
(4) If such notice by certified mail is returned
as undeliverable for any reason, then the
city may serve notice by posting such
notice in a conspicuous place at the loca-
tion of the business as indicated on the
business license or application.
(e) Nothing in this article shall authorize ad-
verse action against a licensee based upon con-
sumer 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, pend~
ing 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) Notwithstanding the procedures set forth
in this section, the city treasurer may enter an
order for immediate suspension of a license, pend-
ing further investigation for a period not tn exceed
thirty (30) days, upon a finding that probable
cause exists for revocation of a license of a busi-
ness regulated and controlled under the police
power ofthe city or the state.
(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.
(Ord. No. 1988-781, S 1(21-12), 12-12-88; Ord. No.
1991-869, S 1, 9-1-91; Ord. No. 1991-123, S 1,
12-23-91)
Sees. 11-35-11-50. Reserved.
687
~ 11-51
WHEAT RIDGE CITY CODE
ARTICLE ID. ALCOHOLIC BEVERAGES*
DIVISION L WHEAT RIDGE LIQUOR
LICENSING AUTHORITY
Sec. 11-51. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Applicant means and includes:
(1) If an individual, that person making an
application for a license under this chap-
ter;
(2) If a partnership, the partners owning ten
(10) percent or more of the partnership
which is making application for a license
under this chapter;
(3) If a corporation, the president, vice-
president, secretary, treasurer, the direc-
tors, manager and each stockholder own-
ing ten (10) percent or more of the stock of
the corporation.
Authority or licensing authority means the li-
quor licensing authority of the city.
Beer, 3.2 percent means any fermented malt
beverages as herein defined containing not more
than three point two (3.2) percent of alcohol by
weight.
Immediate family means spouse, mother, fa-
ther, children, brothers, sisters, mother-in-law,
father-in-law, brothers-in-law, or sisters-in-law.
Investigator means a member of the Wheat
Ridge Police Department.
Malt liquors means beer and any other bever-
age obtained by the alcoholic fermentation of any
infusion or decoction of barley, malt, hops or any
.Cross references-Solicitation of alcoholic beverages, ~
16-126; possession of alcohol in public, ~ 16-127; alcoholic
beverages in parks, ~ 17-47.
State law references-Colorado Beer Code, C.R.S. ~
12-46-101 et seq.; Colorado Liquor Code, C.R.S. ~ 12-47-101'et
seq.
Supp. No. 21
other similar products or any combination thereof
in water, containing more than three point two
(3.2) percent of alcohol by weight.
Manager includes the person or those persons
who manage, direct, supervise, oversee and ad-
minister the acts, transactions and acts of ser-
vants of the establishments governed by this
chapter.
Medicinal liquors means any liquor sold by a
duly licensed pharmacist or drugstore solely on a
bona fide doctor's prescription.
Operator means a person licensed by law to sell
malt, vinous or spirituous liquors, other than
medicinal liquors, for beverage purposes at retail,
and who is engaged at any time during the
calendar year in such operation in the city.
Spirituous liquors means any alcoholic bever-
age obtained by distillation mixed with water and
other substances in solution and includes among
other things brandy, rum, whiskey, gin and every
liquid or solid, patented or not, containing alcohol
and which are fit for use for beverage purposes.
Any liquid or solid containing beer or wine in
combination with any other liquor, except as
above provided, shall not be construed to be malt
or vinous liquors, but shall be construed to be
spirituous liquors.
Vinous liquors means wines and fortified wines
not exceeding twenty-one (21) percent of alcohol
by volume and shall be construed to mean alco-
holic beverages obtained by the fermentation of
the natural sugar contents of fruits or other
agricultural products containing sugar.
All other words and phrases used in this chap-
ter shall have the meanings attached by the
Colorado Statutes regulating the sale ofliquor, or
if not otherwise defined by law, as used in their
common, ordinary and accepted sense and mean-
ing.
(Code 1977, ~ 3-1; Ord. No. 1998-1119, ~ 2, 6-1-98)
Cross reference-Defmitions and rules of construction
generally, ~ 1-2.
Sec. 11-52. Purpose.
In pursuance of the authority conferred by
articles 46, 47 and 48 of Title 12, C.R.S., 1997
688
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
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Volume, this chapter is enacted for the purpose of
promoting the health, safety and welfare of the
present and future inhabitants of the city by
regulating, controlling and licensing the sale of
malt, vinous or spirituous liquors and fermented
malt beverages.
(Ord. No. 1998-1119, ~ 4, 6"1-98)
Sec. 11-52.5. Liquor licensing authority es.
tablished.
(a) There is established a liquor licensing au-
thority, which shall have and is vested with the
authority to grant and refuse licenses and special
permits, and to approve and deny applications for
renewal and transfer of licenses for the sale at
retail of malt, vinous or spirituous liquors and
fermented malt beverages, desiguate and assess
fees, promulgate reasonable rules and regula-
tions, conduct investigations, and to suspend or
revoke such licenses for cause, all in the manner
provided by law. The licensing authority shall
have all the powers of the licensing authority set
forth in C.RS. articles 46, 47 and 48 of Title 12.
(b) The licensing authority for the City of Wheat
Ridge shall consist of eight (8) qualified electors of
the city, two (2) from each of the four (4) council
districts of the city, who shall be appointed by the
city council. In order to stagger the terms of the
licensing authority members, one of the first two
(2) members from each council district shall be
appointed for a three-year term and one shall be
appointed for a two-year term. The length of term
for the first licensing authority members shall be
determined by lot. Except in the event that a
member is appointed to fill a vacancy as provided
in subsection (j), all subsequent appointments
shall be for three-year terms.
(c) A quorum of the licensing authority shall
consist of five (5) voting members, and a decision
of a majority of the quorum present shall control.
(d) All decisions of the licensing authority are
final, subject only to appeal to a court of compe-
tent jurisdiction.
(e) No person shall serve or continue to serve
as a member of the licensing authority who is or
becomes a member of the Wheat Ridge City
Supp. No. 21
Council except during any period of time where
the council is acting in the role of the licensing
authority as provided in subsection (k).
(f) No person shall serve or continue to serve
as a member of the licensing authority who has or
obtains any financial interest, including employ-
ment, in the operation of any business which is
issued a license in the State of Colorado relating
to fermented malt beverages or alcoholic bever-
ages pursuant to C.RS. articles 46, 47 and 48 of
Title 12, or who has a member of his or her
immediate family who has or subsequently ob-
tains such an interest or employment.
(g) All members of the licensing authority must
complete a course or class of training approved by
the city in the laws and regulations governing
alcohol beverage sales before becoming a voting
member on the licensing authority.
(h) No person shall be eligible for appointment
or continue to serve as a member of the licensing
authority who has been convicted within the
seven (7) years preceding such appointment of
driving under the influence of alcohol or drugs,
driving while impaired by the influence of alcohol
or drugs, or any alcohol or drug related offense, or
any violation of articles 46, 47 and 48 of Title 12,
C.RS. or the regulations adopted thereunder, or
any violation of this article. The City of Wheat
Ridge Police Department shall run a criminal
record background check on all licensing author-
ity appointees.
(i) Any member of the licensing authority may
be removed for cause by a majority vote of the
entire city council. The attendance rules for mem-
bers of boards or commissioners set forth in
section 2-53(e) of this Code shall also apply to
members of the licensing authority.
(j) Any vacancy occurring on the licensing au-
thority for any reason shall be filled for the
unexpired term by the city council in accordance
with city council polices of filling positions on
boards and commissions.
(k) In the event foUI' (4) vacancies exist simul-
taneously on the licensing authority, and there
are matters scheduled for consideration before
the licensing authority, the city council shall act
688.1
~ 11-52.5
WHEAT RIDGE CITY CODE
as the licensing authority until a quorum of the
licensing authority is reconstituted by filling va-
cancies in accordance with this section.
(l) Members of the licensing authority shall
receive no compensation for their service; how-
ever, any necessary expenditures incurred in the
performance of their duties shall be reimbursed
by the city as determined by the city council as
part of the budget process.
(m) The licensing authority shall annually elect
a chair from its number. The chair, or person
serving on the licensing authority designated by
the chair to serve as acting chair in the chair's
absence, shall preside over all hearings and pro-
ceedings of the authority.
(n) The city attorney and the office of the city
clerk shall act in an advisory capacity to the
licensing authority.
(Ord. No. 1998-1l19,g 5, 6-1-98)
Sec. 11-53. Governance by state laws, rules
and regulations.
The licensing authority shall be governed by
state law not in effect or subsequently amended,
and the rules and regnla tions of the Executive
Director of the Department of Revenue of the
State of Colorado, as the state licensing authority,
which shall apply to the licensing of fermented
malt beverages and malt, vinous and spirituous
liquors within the city, where applicable. In the
event of a conflict between such and any provi-
sions set forth in this chapter, the more restrictive
requirement shall prevail.
(Ord. No. 1119, ~ 7, 6-1-98)
Sec. 11-53.5. Issuance and enforcement of
subpoenas.
(a) Upon direction by the liquor licensing au-
thority of the city, the city clerk shall issue sub-
poenas to require the presence of persons and the
production of papers, books, and records neces-
sary to the determination of any hearing which
the licensing authority is authorized to conduct.
Supp. No. 21
(b) The subpoena or subpoena duces tecum
shall state:
(1) The name of the liquor licensing author-
ity,
(2) The title of the proceeding,
(3) The name of the person notified and or-
dered to appear and testify before the
liquor licensing authority,
(4) The location, time and date of the hear-
ing,
(5) The purpose of the hearing,
(6) The name, including all relevant trade
names, address and license number ofthe
licensee for whom the hearing is being
held,
(7) In the case of a subpoena duces tecum, the
documents ordered to be produced at the
hearing,
(8) The state statute and local ordinance pur-
suant to which the subpoena is being
issued,
(9) That a failure to appear as specified in the
subpoena may subject the person to a
charge of contempt punishable pursuant
to this Code,
(10) That the subpoena is issued by the city
clerk as directed by and under the author-
ity of the liquor licensing authority of the
city.
(c) An affidavit of service shall be appended to
a copy of any subpoena issued by the city clerk
and shall state the name of the document served,
the person served, the person completing the
seI-vice, the time, date and place of service and
manner of service.
(d) Failure by any person without adequate
excuse to obey a subpoena served upon him may
be found in contempt of the liquor licensing au-
thority. Such contempt shall constitute a violation
of this Code and, upon conviction thereof, shaII be
subject to the penalties set forth in section 1-5 of
this Code.
(Ord. No. 1987-740, ~ 1(3-12), 12-14-87; Ord. No.
1998-1119, ~ 6, 6-1-98; Ord. No. 1998-1120, ~ 5,
6-8-98)
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~_1l-55
Sec. 11-54. Notification of certain conduct
in licensed premises.
(a) Definitions. For purposes of this section,
the following terms are defined:
(1) Disorderly conduct: A person commits dis-
orderly conduct if they intentionally, know-
ingly, or recklessly:
a. Make a coarse and obviously offen-
sive utterance, gesture or display in
a public place when such utterance,
gesture or display causes injury or
tends to invite an immediate breach
of the peace.
b. Abuse or threaten a person in a
public place in an obviously offen-
sive manner.
c. Fight with another in a public place,
except as a participant in a sporting
event.
(2) Assault: A person commits assault if they
knowingly or recklessly cause bodily in-
jury to another person or with criminal
negligence causes bodily injury to an-
other.
(3) Premises: For purposes of this section,
premise is that area as defined in the
liquor license.
(b) Reports. Any licensee and its employees
shall immediately report to the police department
of the city any unlawful or disorderly act, conduct
or disturbance committed on the premises.
(c) Warning signs to be displayed. Each lic-
ensee shall post and keep at all times visible to
the public in a conspicuous place on the premises
a sign to be provided by the city clerk's office
which shall be in the following form:
WARNING: The City of Wheat Ridge Police
must be notified of all disturbances including
disorderly conduct and assault which occur in
this licensed establishment.
(d) Absence of licensee not a defense. It shall
not be a defense to a prosecution of a licensee
under this section that the licensee was not per-
sonally present on the premises at the time such
unlawful or disorderly act, conduct or disturbance
Supp. No. 21
was committed; provided, however, that an agent,
servant or employee of the licensee shall not be
responsible hereunder when such agent, servant
or employee is absent from the premises.
(e) Failure to comply. Failure to comply with
the requirements of this section may be consid-
ered by the licensing authority in any action
relating to revocation, suspension or nonrenewal
of a license. A violation of this section is also a
criminal offense, punishable by a fine or impris-
onment, or both, as provided in section 1-5 of this
Code.
(Ord. No. 1996-1020, ~ 1, 2-26-96)
Sec. 11-55. Fine in lieu of suspension.
(a) Whenever a decision of the licensing au-
thority suspending a license for fourteen (14) days
or less becomes final, whether by failure of the
licensee to appeal the decision or by exhaustion of
all appeals and judicial review, the licensee may,
before the operative date of the suspension or
such earlier date as the licensing authority may
designate in its decision, petition for permission
to pay a fine in lieu of having the license sus-
pended for all or part of the suspension period.
The licensing authority may, in its sole discretion,
stay the proposed suspension in part or in whole
and grant the petition if it finds, after any inves-
tigation that it deems desirable, that:
(1) The public welfare and morals would not
be impaired by permitting the licensee to
operate during the period set for suspen-
sion and that the payment ofthe fine will
achieve the desired disciplinary purpose;
and
(2) The books and records of the licensee are
kept in such a manner that the loss of
sales during the proposed suspension can
be determined with reasonable accuracy
therefrom; and
(3) The licensee has not had its license sus-
pended or revoked nor had any suspen-
sion stayed by payment of a fine during
the two (2) years immediately preceding
the date of the motion or complaint which
has resulted in a final decision to suspend
the license.
688.3
~ 11-55
WHEAT RIDGE CITY CODE
(b) Payment of any fine shall be in the fonn of
cash, a certified check or a cashier's check payable
to the licensing authority. Such fine shall be paid
into the general fund of the city.
(c) The licensing authority may grant such
conditional or temporary stays as are necessary
for it to complete its investigations, to make its
findings as specified in subsection (a) above, and
to grant a pennanent stay of the entire or part of
the suspension. If no pennanent stay is granted,
the suspension shall go into effect on the opera-
tive date finally set by the licensing authority.
(d) In this section "fine" means a fonn of dis-
cipline imposed pursuant to this article in lieu of
a suspension. Any fine shall be the equivalent of
twenty (20) percent of the retail licensee's esti-
mated gross revenues from sales of alcoholic bev-
erages during the period of the proposed suspen-
sion' except that the fine shall be not less than
two hundred dollars ($200.00) nor more than five
thousand dollars ($5,000.00).
(Ord. No. 1987-741, ~ 1(3-11), 12-14-87; Urd. No.
1998-1119, ~ 3, 6-1-98)
Sees. 11-56-11-62. Reserved.
DMSION 2. OCCUPATION TAX*
Sec. 11-63. Classification of operators.
The business of selling at retail any three point
two (3.2) percent beer, malt, vinous or spirituous
liquor other than medicinal liquors for beverage
purposes is hereby defined and separately classi-
fied as such occupation for the purpose of this
chapter as follows:
(1) Class "C" operators. All operators licensed
to sell malt, vinous or spirituous liquors
as clubs are Class "C" operators.
(2) Class "D" operators_ All operators licensed
as retail stores to sell in original contain-
ers, malt, vinous or spirituous liquors for
consumption off the premises shall be
Class lion operators.
"'State law references-Local beer licenses, C,R.S. ~
12-46-117; local liquor licenses, C.R.S. ~ 12-47-135 et seq.
Supp. No. 21
688.4
(3) Class "E" operators. All operators licensed
as drugstores to sell malt, vinous or spir-
ituous liquors in original containers for
consumption off the premises shall be
Class liEn operators.
(4) Class "F" operators. All operators licensed
to sell malt or vinous liquors only by the
drink for consumption on the premises
shall be Class "F" operators_
(5) Class "G" operators. All operators who are
licensed to sell beer, wine and spirituous
liquors for consumption on the premises
either as hotels or restaurants shall be
Class "G" operators.
(6) Class "J" operators. All operators licensed
to sell only three point two (3.2) percent
beer shall be classified as follows:
a. Class "Jl" operators. All operators
licensed to sell or selling three point
two (3.2) percent beer for consump-
tion off the premises of the licensee
shall be Class "J'1" operators.
b. Class "J2" operators. All operators
licensed to sell or selling three point
two (3.2) percent beer for consump-
tion on the premises of the licensee
shall be Class "J2" operators.
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11.69
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c. Class "J3" operators- All operators li-
censed to sell or selling three point two
(3.2) percent beer for consumption both
on and off the premises of the licensee
shall be Class "J3" operators.
(7) Class "T" operators. All operators selling
malt, vinous or spirituous liquors, by the
drink, only for consumption on the prem-
ises; and such operators shall have avail-
able for consumption on the premises during
business hours, sandwiches and light
snacks; but he need not have meals avail-
able for consumption.
(Code 1977, ~ 3-2)
Sec. 11-64. Amount of tax levied.
e
There is hereby levied and assessed for each
year an annual occupation tax upon the business
of selling three point two (3.2) percent beer, malt,
vinous or spirituous liquors, except medicinalli-
quors, in the city, as such occupation has been
herein classified as follows:
(1) For all Class "G" operators, nine hundred
dollars ($900.00).
(2) For all Class "F" operators, six hundred
dollars ($600.001.
(3) For all Class "D" operators, six hundred
fifty dollars ($650.00).
(4) For all Class "E" operators, six hundred
dollars ($600.00).
(5) For all Class "C" operators, nine hundred
dollars ($900.00).
(6) For all Class "J-1" operators, seven hun-
dred dollars ($700.00).
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(7) For all Class "J-2" operators, seven hun-
dred dollars ($700.001.
(8) For all Class "J-3" operators, two thousand
two hundred dollars ($2,200.00).
(9) For all Class "T" operators, one thousand
three hundred dollars ($1,300.001.
(Code 1977, ~ 3-3; Ord. No_ 1994-957, ~ 1, 2-28-94)
State law references-Local beer license fees, C.R-S. s
12.46.117: local liquor license fees. C.R.S. 1l12-47-139.
Supp, ~o. 13
Sec. 11-65. When payable; taxpayer to desig.
nate business classification at
time of payment.
(a) The tax required by this division shall be
due and payable to the treasurer of the city on
January 1 of each year and shall be delinquent on
February 1 of the same year. Prepayment of the
tax may be made in the month of December pre-
ceding the due date.
(b) The operator shall at the time he pays his
tax designate to the treasurer under what classi-
fication his place of business is operated.
(Code 1977, ~ 3-4)
Sec. 11-66. Revenue receipts-Issuance.
Upon receipt of the tax levied by this division,
it shall be the duty of the city treasurer to execute
and deliver to the operator paying the tax a rev-
enue receipt showing the name of the operator
paying the tax, the date of payment, the annual
period for which the tax is paid, the place at which
the operator conducts business and the classifica-
tion of the operator.
(Code 1977, ~ 3-5)
Sec. 11-67. Same-Display.
The operator shall, at all times during the year,
keep the revenue receipt posted in a conspicuous
place in his place of business.
(Code 1977, ~ 3.6)
Sec. 11-68. No proration for portion of year.
The tax levied by this division is assessed for
the calendar year, or any portion thereof, and no
proration shall be made where the business is used
for only a portion of a year; and no refund shall be
made to any person who discontinues such busi-
ness during the year.
(Code 1977, ~ 3-7)
Sec. 11-69. Delinquent payment.
(a) No delinquency in payment of the tax herein
provided for shall be grounds for suspension or
revocation of any license granted to any such op-
erator by any licensing authority pursuant to state
law, and in the performance of any duties im-
posed upon the city council as a licensing au-
689
* 1l.69
WHEAT RIDGE CITY CODE
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thority by such statutes, the city council shall ex-
clude from consideration any delinquency in
payment of the tax herein provided.
(b) Interest shall accrue on all delinquent taxes
herein provided for from the date of delinquency
until paid or collected, at the rate of one (1) per-
cent per month.
(Code 1977, {l 3-8)
Sec. 11-70. Collection by court action.
The city shall have the right to recover all sums
due under this division by judgment and execu-
tion thereon in a civil action, in any court of com-
petent jurisdiction; such remedy shall be cumula-
tive with all other remedies provided herein for
the enforcement of this article.
(Code 1977, g 3-9)
Sec. 11-71. Violation; continuingviolation; no
revocation of state license due to
violation_
(a) Failure to comply with the terms of this di-
vision by payment of taxes, securing and posting
a receipt therefor and to otherwise comply with
the terms of this section, shall constitute an of-
fense and violation of this article.
(b) Delinquency for each calendar month shall
constitute a separate and distinct offense.
(c) No conviction for such violation shall work
as a revocation of the licenses of the defendant
issued under the laws of the state.
(Code 1977, g 3-10)
Sees. 11-72-11-100. Reserved_
ARTICLE IV. AMUSEMENT ARCADES
OR AMUSEMENT CENTERS*
DMSION 1. GENERALLY
Sec. 11.101. Definitions_
The following words, terms and phrases, when
used in thisu article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
.Cross reference-Admissions and amusements tax, ~ 22.2.
Supp. No. 13
Amusement arcade means a place or establish. .
ment where an individual, association, partner-
ship or corporation maintains more than ten (10)
amusementd.eYices.
Amusement center means a place or establish-
ment where an individual, association, partner-
ship or corporation maintains four (4) or more, but
less than eleven (11) amusement devices, either
as a sole business or in conjunction with some
other business.
Amusement devices means any device which,
upon insertion of a coin, slug, token, plate or disc,
or payment of a consideration directly therein,
may be used by the public as a game, entertain-
ment, amusement, a test of skill either mental or
physical, whether or not registering a score, and
shall include, but not be limited to, pool tables,
snooker tables, foosball tables, electronic games,
coin-operated movies and pinball machines of
every kind and description, but shall not include
radios, devices that provide music only, television
carrying commercial broadcasts only, devices for
bowlffig-such as bowlL'lg lanes, non-coin-operated
pool and billiard tables, or fixed-stand, coin-
operated kiddie rides.
Applicant means any individual, association,
partnership or corporation requesting a license
pursuant to this chapter.
Establishment maintaining amusement devices
means a place or establishment where an indi-
vidual, association, partnership or corporation
maintains three (3) or less amusement devices.
Manager means an individual who manages,
directs, supervises, oversees and administers the
acts and transactions of the agents or servants of
any establishment governed by this chapter or
who, through his own actions, directs, oversees
and administers the affairs of any such establish-
men t.
(Code 1977, g 3A-1)
Cross referenee-DeflIlitions and rules of construction gen-
erally, ~ 1-2.
e
Sec. 11-102. Penalties for violation.
Any person violating any provisions of this ar-
ticle shall be guilty of a misdemeanor and, upon
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-117
conviction of such violation, shall be subject to a
fine of not less than fifty dollars ($50.00) and not
more than one thousand dollars ($1,000.00), or by
imprisonment for a period not exceeding one year,
or both such fine and imprisonment. Nothing
contained in this section, however, shall impair
the ability of the city to enforce this article as
provided in section 1l-123 hereof; provided, how-
ever, that no person under the age of eighteen (18)
years shall be subjected to imprisonment for
violation of any provisions of this article.
(Code 1977, ~ 3A-13; Ord. No. 1998-1120, ~ 2,
6-8-98)
Sec. 11-103. _Gambling prohibited.
Nothing in this chapter shall be construed to
permit any unlawful gambling or wagering within
the city.
(Code 1977, ~ 3A-I0)
Sec. 11-104. Hours of operation; exceptions.
No amusement arcade licensed pursuant to
this chapter shall allow operation of any amuse-
ment device between the hours of 12:01 a.m. and
8:00 a.m. An exemption to the hours of operation
may be allowed after a hearing before city council_
(Code 1977, ~ 3A-11)
Sec. 11-105. Exemptions for establishments
maintR~ning amusement devices.
An establishment maintaining amusement de-
vices is not subject to sections 11-115, 11-116,
11-117 or 11-103, but is subject to all other provi-
sions of this article.
(Code 1977, ~ 3A-7)
Sees. 11-106-11-114. Reserved.
DMSION 2. LICENSE
Sec. 11-115. Required; payment of fees.
(a) No amusement arcade or amusement cen-
ter shall conduct business within the city without
a valid license.
Supp. No. 21
(b) No amusment arcade or amusement center
shall conduct business within the city without
first paying the fee placed upon amusement de-
vices imposed by section 11-120.
(Code 1977, ~ 3A-2)
Sec. 11-116. Application.
The application for an amusement arcade or
amusement center license shall be made to the
city clerk, shall be accompanied by the fees re-
quired by section 11-120, and shall contain the
following information:
(1) The name and address of the establish-
ment.
(2) The name, address, age, date and place of
birth, and prior felony convictions, if any,
of the applicant and manager of the es-
tablishment.
(3) Evidence from the department of commu-
nity development of the city that the loca-
tion of the proposed amusement arcade nr
center is within a C-l, C-2, R-C, RC-l, or
PCD district and meets all of the zoning
requirements of the city.
(4) Where the applicant is a corporation, as-
sociation, partnership or private club, the
information required in paragraph (2)
above shall be furnished as to each mem-
ber of the association, or each officer of
the corporation and members of the board.
of directors of the corporation and the
holders of ten (10) percent or more of the
corporate stock of any class.
(5) The distance from any other amusement
arcade or public school (if an' amusement
arcade) or the distance from any public
school, if an amusement center.
(6) The number of amusement devices to be
maintained at the amusement arcade or
amusement center_
(Code 1977, ~ 3A-3)
Sec. 11-117. Approval.
(a) Application of the license required by this
division shall be reviewed by the city clerk. The
city clerk shall have an investigation conducted
691
~ 11-117
WHEAT RIDGE CITY CODE
by the police department sufficient to verifY all
the information required by this division. On
completion of this investigation, the city clerk
shall either approve or disapprove the applica-
tion.
(b) No license shall be issued to any applicant
unless approved by the city clerk. The city clerk
shall refuse to issue any license for an amuse-
ment arcade, amusement center or amusement
device, if the clerk finds any of the following:
(1) That the applicant is under the age of.
eighteen (18) years.
(2) That the applicant, manager, or either of
them has made false statements upon the
application.
(3) That the applicant, manager, or either of
them, has been convicted of a felony within
the last ten (10) years.
(4) That the proposed amusement arcade is
located within one thousand (1,000) feet
or that the proposed amusement center is
located within five hundred (500) feet of
the boundary of any public or parochial
school grounds. The distance is to be com-
puted by direct measurement from the
nearest property line of the land used for
school purposes to the nearest portion of
the building in which the amusement
arcade or amusement center is located,
using a route of direct pedestrian access.
(5) That any designated manager is under
the age of eighteen (18) years, except that
at any amusement center or establish-
ment maint...ining amusement devices
which does not sell alcohol, beer or wine,
or books or magazines, the manager may
be sixteen (16) years of age ~ older.
(6) That the proposed amusement arcade is
located within one thousand (1,000) feet
of any other amusement arcade. Such
distance is to be computed by direct mea-
surement from the nearest property line
of the land used for arcade purposes to the
nearest portion of the building in which
the amusement arcade is located, using a
route of direct pedestrian access.
Supp. No. 21
(c) In the event that the city clerk disapproves
a license application, the city clerk shall make
written findings of fact stating the reasons for the
disapproval. Any decision of the city clerk may be
reviewed by the city council if an appeal of the city
clerk's decision is properly filed within twenty
(20) days of that decision.
(Code 1977, ~ 3A-4)
Sec. 11-118. Term.
All licenses granted pursuant to this division
shall be for a term of one (1) year unless sooner
suspended or revoked. Such term shall commence
on the date said license is issued and terminate
on the anniversary date of the license.
(Code 1977, ~ 3A-5)
Sec. 11-119. Renewal.
Renewal of any of the licenses granted pursu-
ant to this division may be had by payment of the
license fee along with a statement that the infor-
mation listed on the original license application is
still true and correct, or a statement listing those
items of information required for a license appli-
cation which have changed in the year since the
license was granted or last renewed. Failure to
renew a license in a timely manner shall be
grounds for termination and revocation of the
license, and shall be grounds for failure to renew
such license.
Sec. 11-120; License fees.
(a) Fees for persons listed under the provisions
of this division are as follows:
(1) Amusement arcade; annual fee. Appli-
cants or holders of a amusement arcade
license shall pay a yearly fee in the amount
established by resolution for each amuse-
ment device maintained upon the prem-
ises.
(2) Amusement center; annual fee. Applicants
or holders of an amusement center license
shall pay a yearly fee in the amount
established by resolution for each amuse-
ment device maintained upon the prem-
ises.
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-122
(3) Establishment maintaining amusement de-
vices; annual fee. Any person owning or
operating an establishment maintaining
amusement devices shall pay a yearly fee
in the amount establishment by resolu-
tion for each amusement device main-
tained 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.
(4) Amusement arcade; investigation fee. Ap-
plicants for an amusement arcade license
shall pay an investigation fee in the amount
established by resolution to cover the cost
of investigation required by this division_
(5) Additional devices acquired during li-
cense period; fee per device. All applicants
and holders of amusement center or amuse-
ment arcade licenses shall report to the
city clerk the addition of any amusement
device or devices to their premises within
fifteen (15) days of such addition and
tender to the city clerk at that time a fee
in the amount established by resolution
for each additional amusement device for
the remainder of the original license pe-
riod. Failure to report additional amuse-
ment devices to the city clerk shall consti-
tute a violation of this article and be
grounds for imposition of a fine or penalty
as provided and for revocation and sus-
pension of the license granted pursuant to
this division.
(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.
(Code 1977, ~ 3A-7)
Sec. 11-121. Display; transfer; revocation or
nonrenewal for inactive loca-
tions.
(a) The holder of any license or receipt issued
pursuant to the tenns of this division shall prom-
inently display the same upon the premises for
which the license is issued.
Supp. No. 21
(b) Any license or receipt issued pursuant to
the tenns of this division shall not be transferable
to any other location in the city. In the event of
transfer of ownership of the business at the same
location for which a license or tax receipt is issued
pursuant to the tenns of this division, a license,
may be transferred to the new owner of the
business; provided, however, that the application
therefor stating the same infonnation as required ,
by section 11-116 is first presented to the city
clerk for approval or disapproval, as provided in
sections 11-116 and 11-117, accompanied by the
proper license fee and a fifty-dollar investigation
fee as required by section 11-120. Approval or
disapproval of such transfer shall be upon the
same tenns as approval or disapproval of a li-
cense as required by the terms of this article.
(c) The city clerk shall revoke or not renew, as
the case may be, any amusement license provided
for by this division if the clerk determines, pur-
suant to adequate investigation, that the licensed
location has been inactive for at least sixty (60)
days. The city clerk shall issue findings to support
his detennination and shall immediately notify
the holder of such amusement license of the
determination, Any revocation or suspension of a
license provided by this division may be reviewed
by the city council if any appeal of such revocation
or suspension is filed within ten (10) days after
notification of such suspension or revocation.
(Code 1977, ~ 3A-9)
Sec. 11.122. Suspension or revocation gen-
erally.
(a) Reasons. The city clerk shall, after admin-
istrative due process hearing, either suspend or
revoke any license granted pursuant to this divi-
sion upon a finding of any of the following factors:
(1) That any of the amusement devices main-
tained upon the premises ar being used
for gambling purposes.
(2) That repeated disturbances of public peace
have been occurring within the licensed
established or upon any parking areas,
sidewalks, walkways, accessways or
grounds immediately adjacent to the li-
693
~ 11-122
Supp. No. 21
WHEAT RIDGE CITY CODE
(3)
censed premises involving patrons, em-
ployees, or the holder of the license of the
establishment.
That holder of the license, or any em-
ployee thereof, is illegally offering for sale,
or illegally allowing to be consumed upon
the licensed premises, or upon any park-
ing areas, sidewalks, walkways, accessways
or grounds immediately adjacent to the
licensed premises, narcotics or dangerous
drugs.
That the holder of the license or an ap-
proved manager is not upon the licensed
premises at all times_
That where not specifically authorized by
law, malt, vinous or spirituous beverages
are being consumed on the premises with
or without the consent of the owner by
patrons of the licensed establishment or
where such beverages are being con-
sumed by patrons of the establishment
upon any parking areas, sidewalks, walk-
ways, accessways or grounds immediately
adjacent to the licensed premises.
That amusement devices have been in-
stalled, and/or are being operated, on the
premises of any amusement arcade or
amusement center for which the fee re-
quired by this division has not been paid,
or for which application has not been
made pursuant to section 11-120, para-
graph (a)(4).
That any amusement center or amuse-
ment arcade is being maintained in such
a way as to violate any building code,
zoning or public health requirement im-
posed by city, county or state ordinance,
law or regulation, or any other provision
of city ordinance, or state or federal law.
That any license required to be renewed
has not been renewed in a timely manner
as prescribed in this division.
That any provision of this article has been
violated by the owner or manager of the
amusement arcade or amusement center,
or that either such owner or manager has
knowingly allowed the violation of any
provision of this article or occur.
(4)
(5)
(6)
(7)
(8)
(9)
(10) That the use ofthe amusement devices in
the licensed establishment occurs during
the hours where such operation is prohib-
ited.
(b) Other enforcement action. Nothing in this
division shall prohibit the city from taking any
other enforcement action provided for by this
Code or the laws of the state or of the United
States.
(c) Appeals. Any decision of the city clerk spec-
. ified in this section may be appealed by any
aggrieved party to the city council by the filing of
a written notice of appeal no later than twenty
(20) days after the date of the city clerk's decision.
Upon receipt of such a notice of appeal, the appeal
shall be placed on the city council's agenda, and
shall be heard as a public hearing, which hearing
shall be an advertised due process hearing held
pursuant to the city council's public hearing rule.
Any appeal from the city council's decision shall
be to Jefferson County District Court.
(Code 1977, ~ 3A-8)
Sec. 11-123. Termination of operations pur-
suant to license revocation, sus-
pension and nonrenewal; oper-
ation pending appeal results;
bond.
Any amusement arcade or amusement center
for which a license is denied, not renewed, sus-
pended or revoked shall terminate operation of
each amusement device located therein immedi-
ately. In the event any decision revoking, suspend-
ing, denying or not renewing any required license
is made, the owner, applicant or manager of the
facility, amusement center or amusement arcade
shall be entitled to appeal such decision as pro-
vided in this division. For so long as the appeal is
pending before the city council or any court of the
state, the amusement arcade or amusement cen-
ter shall be entitled to continue to operate all
amusement devices identified pursuant to section
11-120, paragraph (a)(4) hereof, provided that a
bond in the amountofone hundred dollars ($100_00)
per amusement device is posted with the city
clerk. Any amusement device being operated in
violation of any decision or order of the city clerk,
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-162
city council or any court of competent jurisdiction
shall be deemed a public nuisance, and shall be
subject to enforcement by injunction.
(Code 1977, 9 3A-12)
Sees. 11-124-11-140. Reserved.
ARTICLE V. EMERGENCY TELEPHONE
SERVICE CHARGE
Sec. 11-141. Imposed.
The city council hereby delegates authority to
and expressly authorized the Jefferson County
Emergency Telephone Service Authority Board to
impose and collect an emergency telephone charge,
as defined by C.R.S. 9 29-11-101(1), in an amount
of up to and including either forty cents ($0.40_)
per telephone exchange access facility or two (2)
percent of the service provider tariff rate, as
defined in C.R.S. 9 29-11-102(2), whichever is at
any point in time the lower, subject to the condi-
tion that prior to establishing or raising or lower-
ing such charge the authority board shall first
give public notice of its intent in the official
newspaper of the city and hold a public hearing
thereon at which any interested person may be
present and appear.
(Code 1977, 9 21-51)
Sec. 11-142. Collection; reporting the remit-
tance procedures.
Authority is hereby expressly delegated to the
board of the county emergency telephone service
authority, created by intergovernmental agree-
ment to which the city is a party signatory, to
direct Mountain Bell to commence collection within
the city of the charge authorized in section 11-141
on or before November 1, 1984, and to further
direct Mountain Bell to comply with the reporting
and remittance procedures and requirements es-
tablished in C.R.S. 9 29-11-103.
(Code 1977, 9 21-52)
Sees. 11-143-11-160. Reserved.
Supp. No. 21
ARTICLE VI. GUARD SERVICES AND
SECURITY AGENCIES*
Sec. 11-161. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Agents and employees shall mean all persons
employed by a merchant guard or merchant pa-
trol in the conduct of his business, except steno-
graphic and clerical employees whose duties are
confined entirely to stenographic and clerical du-
ties in the business office of the merchant guard
or merchant patrol or other employees not di-
rectly engaged in providing protection and pre-
serving the peace.
Business or industrial guard shall mean an
individual who accepts employment from a single
employer for the purpose of watching, guarding or
otherwise protecting the persons and/or property
of the employer only, or to preserve the peace in
the conduct of that employer's business, except
any individual so employed by any common car-
rier engaged in interstate commerce, but shall
exclude maintenance men and installers,janitors,
repairmen or persons engaged in similar occupa-
tions.
Merchant guard or merchant patrol shall mean
any person who conducts or is engaged in the
business of providing protection to persons and/or
property, or preserving the peace in the conduct of
any business, except a business or industrial
guard.
(Code 1977, 9 9A-l)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 11-162. Penalty.
Any person who violates any provision of this
article or any rule or regulation adopted pursuant
"Cross references-Poliee. Ch. 19; police alarms. ~ 19-
III et seq.
695
~ 11-162
WHEAT RIDGE CITY CODE
to this article shall be guilty of a misdemeanor
and upon conviction thereof shall be punished as
set forth in section 1-5 of this Code.
Code 1977, ~ 9A-7; Ord. No. 1998-1120, ~ 7,
6-8-98)
Sec. 11-163. Rules and regulations.
The chief of police may issue and promulgate
from time to time roles and regulations to provide
for the health, safety and welfare of the city in
relation to the merchant guard or merchant pa-
trol business. Such roles may pertain, by way of
example, to the duties of merchant guards or
merchant patrols, business or industrial guard,
agent or employee, manner of conduct of mer-
chant guard or merchant patrol businesses, mer-
chant guards or merchant patrols and business of
industrial guards, and reports to be furnished to
the chief of police.
(Code 1977, ~ 9A-6)
Sec. 11-164. Identification cards, badges, uni-
forms and equipment.
(a) Identification cards. Each business or in-
dustrial guard, agent and employee shall carry an
identification card, approximately two and one-
half (2'/2) inches by four (4) inches, which shall
include the following:
(1) Name, address, physical deception and
picture of the business or industrial guard,
agent and employee.
(2) The name of the employer ofthe business
or industrial guard or the agent or em-
ployee of a merchant guard or merchant
patrol.
(3) The signature of the business or indus-
trial guard, agent and employee.
(4) A designation as to whether or not the
person identified is authorized to carry a
firearm.
(b) Badges. The chief of police is hereby autho-
rized to approve the use of badges and insignia
provided agents or employees by the merchant
guard or merchant patrol, or to business or indus-
trial guards by an employer, where such badges
Supp. No. 21
and insignia are not a colorable imitation of, or
cannot be confused with, the badges worn by
officers of the police department.
(c) Uniforms and accessories. Uniforms, if any,
worn by business or industrial guards and agents
or employees of merchant guards or merchant
patrols, while employees within the city, shall be
approved by the chief of police. No accessory or
part of such uniform shall be such that the
accessory or uniform part can be confused with
the uniform of the police department.
(d) Vehicles. The vehicles used in the conduct
of the merchant guard or merchant patrol busi-
ness within the city by any licensee shall not
exhibit colorings, markings, or equipment so sim-
ilar to marked patrol vehicles of the city such as
might to confused with such police vehicles. In the
addition, such merchant guard or merchant pa-
trol vehicles shall not be equipped with any lights
or sirens in violation of the traffic code ofthe city
or the laws of the state, nor shall any insignia be
painted on the sides thereof which are similar to,
or which could be confused with, those painted on
the sides of the vehicles of such police depart-
ment.
(e) Use of words police or officer prohibited.
The words upolicell or uofficer" shall not be used in
any advertising or upon the premises, within the
limits of the city, occupied by the merchant guard
or merchant patrol, nor on any of its vehicles,
equipment or wearing apparel.
(Code 1977, * 9A-2)
Sec. 11-165. Exhibition of identification
cards.
Each business or industrial guard, and each
agent and employee, is required to exhibit the
identification card described in section 11-164 to
any police officer of the city upon demand, and
refusal to do so shall constitute a violation of this
article.
(Code 1977, ~ 9A-3)
Sec. 11-166. Change in personnel.
(a) Any merchant hard or merchant patrol
changing place of business, or any business or
industrial guard or agent and employee changing
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-167
place of abode, shall immediately notify the chief
of police of such fact, together with the address of
the new place of business or abode.
(b) Whenever a new vehicle is acquired by a
merchant guard or merchant patrol or use in the
conduct of his business, the type and description
of such vehicle shall be immediately reported to
the chief of police.
(Code 1977, ~ 9A-4)
Sec. 11-167_ Miscellaneous prohibited con-
duct.
In addition to the other acts prohibited by this
chapter, it shall be unlawful:
(1) For any business or industrial guard, agent
or employee to fail to turn over any person
arrested by such merchant guard or mer-
chant patrol pursuant to the laws of the
state immediately to the police depart-
ment or other public law enforcement
agency.
Supp. No. 21
696_1
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11.170
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Nothing contained herein shall be construed
as authorizing any business or industrial
guard, agent or employee to make an ar-
rest of any person in violation ofthe laws of
the state.
(2) For any business or industrial guard, agent
or employee who fIres a fITearm within the
city to fail to promptly report such to the
police department.
(3) For any business or industrial guard, agent
or employee to knowingly hinder or inter-
fere with any investigation under the juris-
diction of the police department.
(4) For any business or industrial guard, agent
or employee to fail to report immediately to
the police department or other public law
enforcement agency all violations of state
or federal laws which constitute felonies, or
breach of the peace, coming to his atten-
tion.
(5) For any business or industrial guard, agent
or employee to wear a unifonu, badge or
insignia other than that authorized by this
article or by the chief of police while en-
gaged in his course of employment.
(6) For any business or industrial guard, agent
or employee under this article, to represent
himself to be an officer of the police depart-
ment.
(7) For any business or industrial guard, agent
or employee to fail to conduct himself in a
lawful manner at all times.
(8) For any business or industrial guard, agent
or employee to carry fIrearms without des-
ignation on his identifIcation card while in
the perfonuance of duties as a business or
industrial guard or agent or employee.
(9) For failure of any business or industrial
guard, agent or employee to surrender iden-
tifIcation card and badge after discharge.
(Code 1977, S 9A-5)
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ARTICLE VIL PAWNBROKERS
Sec. 11-170. Definitions.
As used in this article, the following tenus shall
have the meanings indicated below:
Supp. No. 13
City: The City of Wheat Ridge, Colorado.
Contract for purchase: A contract entered into
between a pawnbroker and a customer pursuant
to which money is advanced to the customer by
the pawnbroker on the delivery of tangible per-
sonal property by the customer to the pawnbroker
on the condition that the customer, for a fIxed
price and within a fIxed period of time, not to
exceed ninety (90) days, has the option to cancel
the contract and recover from the pawnbroker the
tangible personal property.
Fixed price: The amount agreed upon to cancel
a contract for purchase during the option period.
Said fIXed price shall not exceed:
(1) One-tenth of the original price for each
month, plus the original purchase price, on
amounts of fIfty dollars ($50.00) or over; or
(2) One-fIfth of the original purchase price for
each month, plus the original purchase
price, on amounts under fifty dollars
($50.00).
Fixed time: That period of time, not to exceed
ninety (90) days. as set forth in a contract for pur-
chase, within which the customer may exercise
an option to cancel the contract for purchase.
Local law enforcement agency: Any marshal's
office, police department or sheriIT's office with
jurisdiction in the locality in which the customer
enters into a contract for purchase or a purchase
transaction.
Option: The fIXed time and the fIXed price agreed
upon by the customer and the pawnbroker in
which a contract for purchase may be but does not
have to be canceled by the customer.
Pawnbroker: A person regularly engaged in the
business of making contracts for purchase or pur-
chase transactions in the course of his business.
Pawnbroking: The act of a person engaging in
the business of making contracts for purchase or
purchase transactions in the course of a pawnbro-
ker's business.
Person: Any individual, fIrm, partnership, as-
sociation, corporation, company I organization,
group or entity of any kind.
697
g 11.170
WHEAT RIDGE CITY CODE
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Police department: The police department or des-
ignee for the City of Wheat Ridge.
Police chief: The police chief or designee for the
City of Wheat Ridge.
Purchase transaction: The purchase by a pawn-
broker in the course of business of tangible per-
sonal property for resale, other than newly man-
ufactured tangible personal property which has
not previously been sold at retail, when such pur-
chase does not constitute a contract for purchase.
Tangible personal properly: All personal prop-
erty other than choses in action, securities or
printed evidence5-ofindebtedness, which property
is deposited with or otherwise actually delivered
into the possession of a pawnbroker in the course
of business in connection with a contract for pur-
chase or purchase transaction.
(Ord. No. 1994-952, g 1,2-14-94)
Sec. 11-171. Compliance; license required.
It is unlawful for any person to engage in the
business of pawnbroking except as provided in and
authorized by this article and without fIrst having
obtained an annually renewable and nontransfer-
able pawnbroker's license issued by the city.
(Ord. No. 1994-952, g I, 2-14-94)
Sec. 11.172. Licensing application; fee.
The police department shall issue a license ac-
cording to the requirements of this article. All
applicants for a pawnbroker's license shall me an
application for such license with the police depart-
ment on forms to be provided by the police depart-
ment. The application for a license shall contain
the information required in this article and any
other pertinent information required by the po-
lice department. Each individual applicant,
partner of a partnership, officer, director and
holder often (10) percent or more of the corporate
stock of a corporate applicant, and all managers,
shall be named in each application form and each
of them shall be photographed and fIngerprinted
by the police department. Each of them shall fur-
nish three (3) letters of character reference from
residents of the city or the surrounding metropol-
itan area. Each individual applicant, partnership
and corporate applicant shall, in addition, furnish
Supp, No, 13
as an attachment to and part of such application
evidence that the proposed establishment meets
the requirements of the zoning ordinance, proof of
applicant!s right to possession of the premises
wherein the business of pawnbroking will be con-
ducted, a fmancial questionnaire, consent to re-
lease of financial information, and a current per-
sonal financial statement or a balance sheet and
income accnunt statement for the preceding
twelve-month period prior to the date nf the ap-
plication. Each corporate applicant shall furnish
evidence that it is in good standing under the stat-
utes of the State of Colorado or, in the case of a
foreign corporation, evidence that it is currently
authorized to do business in the State of Colorado.
The license issued under this article shall be ap-
plicable only for the location identified in the li-
cense application and only for the owner/appli-
cant making the license application. Each
applicant shall pay nonrefundable application fees
at the time of filing an application and at the time
an amendment is made to the application. Such
fees .1,Ml be ..1"te, huned by the city and set by
resolution.
(Ord. No. 1994-952, g I, 2-14-94)
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Sec. 11.173. License fee.
The city frods, determines and declares that con-
sidering the nature of the business of pawnbro-
king and the relationship of such business to the
municipal welfare, as well as the relationship
thereto to the expenditures required of the city,
and a proper, just and suitable distribution of the
tax burdens within the city and all other matters
properly to be considered in relation thereto, the
classification of such business as a separate type
of business or occupation requiring a separate li-
cense fee is reasonable, proper, uniform, nondis-
criminating and necessary for a just and proper
distribution nf the tax burdens within the city.
The city hereby levies and assesses for each year
an annual city pawnbroker license fee. The an-
nual license fee for carrying on the business of
pawnbroking shall be determined by the city and
set by resolution. Such fee shall be payable prior
to the issuance of the license. Any license issued
pursuant to this article shall expire on the thirty-
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LICENSES. PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-179
-
first day of December of each year. Such license
fee shall be prorated for the calendar year in which
the pawnbroker's license is first issued.
(Ord. No. 1994-952, !iI, 2-14-94)
Sec. 11.174. Nontransferability of license.
Any license issued pursuant to this article shall
not be transferable. Any such license may not be
transferred to either another person or a location
other than that listed in the license application.
Any change in the partners of a partnership or in
officers, directors or holders of ten (10) percent or
more of the stock of a corporate licensee holding a
pawnbroker's license shall result in termination
of the license of the partnership or corporation,
unless a Written amendment to the original ap-
plication is made as required by section 11.182.
(Ord. No. 1994-952, !iI, 2-14-94)
Sec. 11-175. License renewal.
e
Annual renewal requests must be fIled with the
police department no later than the first day of
December of each calendar year and shall be made
under oath, stating that no events have occurred
which would result in a different response than
that contained in the original application or any
renewal thereof. If circumstances have changed,
the applicant must state with particularity the
change and respond appropriately to all questions
in the application form. The request for renewal
must include evidence of insurance coverage per
the requirements of section 11-177 herein.
(Ord. No. 1994.952, !iI, 2-14-94)
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Sec. 11-176. Bond required.
As part of the licensing process, the applicant
shall furnish a good and sufficient bond in a sum
to be determined by the city and set by resolution.
Such bond shall be conditioned upon the faithful
observance of the requirements of this article and
conditioned upon the safekeeping or return of all
articles in pledge by such pawnbroker. The city
attorney must approve the surety, and form or
surety agreement, before a pawnbroker's license
will be issued.
(Ord. No. 1994-952, S 1, 2-14-94)
Supp. No. 13
Sec. 11.177. Insurance required.
As a part of the licensing process, the applicant
shall provide fue and property damage insurance
for all property the pawnbroker holds by contract,
in the minimum amount of one-half of such prop-
erty's contracted value in case of damage or de-
struction. The applicant must provide the police
department proof of such insurance coverage be-
fore a pawnbroker's license is issued. The city at-
torney must approve the nature and extent of in-
surance coverage before a pawnbroker's license
will be issued. Proof of this insurance coverage
must be provided each time a request for renewal
is fIled with the police department.
(Ord. No. 1994-952, !iI, 2-14-94)
Sec. 11-178. Letter from zoning aclministrator
required.
As a part of the licensing process, and prior to
the issuance of any pawnbroker's license, the ap-
plicant shall obtain and submit to the police de-
partment a letter from the zoning administrator
stating that' the zoning of the property permits a
pawnbroking establishment and that the pawn-
broker has obtained, is in the process of obtaining
or will obtain a special use. permit.
(Ord. No. 1994-952, !iI, 2-14-94)
Sec. 11-179_ Investigation and approval of
applicants required; nontrans-
ferability.
(a) Upon receipt of a properly completed appli-
cation, as determined by the police department,
together with all information required in connec-
tion therewith, fingerprints and photographs, and
payment of the application fee, the police depart-
ment shall conduct an investigation of the back-
ground, experience, character and financial re-
sponsibility of each individual applicant, the
partners of a partnership, officers, directors and
holders often (10) percent or more of the corporate
stock of a corporate applicant and all managers of
a proposed pawnbroker's establishment.
(h) If the police department background inves-
tigation confums that the requirements of this
article have been met and that the financial re-
sponsibility, experience, character and general fit-
ness of the individual applicant and of the part-
699
~ 11.179
WHEAT RIDGE CITY CODE
ners, officers, directors and/or holders of ten (10)
percent or more of the stock of a corporate appli-
cant and all managers are such as to co=and
the confidence of the public and to warrant the
belief that the business will be lawfully, honestly
and fairly operated pursuant to this article, the
police department may issue a pawnbroker's li-
cense. If the investigation reveals that any appli-
cant, partner, officer, director and/or holder often
(10) percent or more of the corporate stock of a
corporate applicant or any of the managers does
not meet these criteria, the police department will
deny the applicant's request for a pawnbroker's
license. .
(c) Upon concluding an investigation which re-
veals that the applicant's request for a pawnbro-
ker's license may be approved, and once the police
department receives verification th.at the appli-
cant has met the bond and insurance require-
ments, and has received a compliance letter from
the zoning administrator, the police depar!;ment
shall issue and deliver to the applicant a pawn-
broker's license for use only at the premises spec-
ified in the application and only by the owner/
applicant making the application. If any
requirements of this section have not been met,
the police department shall deny the applicant's
request for issuance of a pawnbroker's license in
accordance with section 11-180.
(Ord. No. 1994-952, 1i 1,2-14-94)
See, 11.180. Denial of license.
(a) The application for, or renewal of, a pawn.
broker's license may be denied by the police de-
partment on grounds including, but not limited
to, the following:
(1) A finding that an individual applicant,
partner, officer or director of a corporation,
and/or holder of ten (10) percent or more of
the stock of a corporate applicant or man.
ager of a pawnbroker's establishment is not
of such moral character as to assure that
the operations of the pawnbroker's estab-
lishment will be conducted lawfully or in a
manner which will not be detrimental to
the public interest or well-being as deter-
mined by the police department's investi-
gation.
Supp. N'o. 13
(2) A fmding that an applicant is not finan-
cially responsible, is not in good standing
or is not authorized to do business in Colo-
rado. As usad herein, "financially
responsible" means having sufficient in-
come and assets to defray expenses and pro-
vide for liabilities of the business as they
become due.
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(3) A finding that an individual applicant has
been adjudged in any civil or criminal pro-
- ceeding to have engaged in busmess or trade
practices prohibited by law or convicted of
any felony or other offense involving moral
turpitude shall be considered in deter-
mining whether the individual applicant,
manager, partner, director and/or holder of
ten (10) percent or more of the applicant's
stock is a person of good moral character.
(4) Failure to comply with any law, rule or reg-
ulation relating to the conduct or operation
of any pawnbroker's business.
(5) The suspension or revocation of any pawn-
broker license ever issued to the applicant.
(b) The police department shall make a deci-
sion to accept or deny the applicant's license or
renewal thereofno later than thirty (30) days after
the police department has received all forms, doc-
uments and items required of the applicant by
this article and the results of the police depart-
ment's investigation required by section 11-179.
(c) The police department shall not deny an ap-
plicant's request for a license without notice to
the applicant of the reasons for such denial and
without the applicant being given an opportunity
for an appeal of the police department's decision,
as set forth in section 11-181.
(Ord. No. 1994-952, 1i 1, 2-14-94)
See, 11-181. Revocation of license.
(a) Conditions for revocation. A pawnbroker's
license may be revoked under this article if:
(1) The licensee fails, at any time, to meet the
qualifications required of an applicant by
this article;
(2) The licensee violates any provision of this
article or other ordinance of the city gov-
erning the activities permitted by the li-
cense;
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11.1S1
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(3) The licensee obtained the license by fraud
or misrepresentation; or
(4) The licensee has fmal conviction of any of-
fense involving moral turpitude, including,
but not limited to, theft, fraud, robbery, bur-
glary, larceny or deceit, and such convic-
tion, as determined by the police depart-
ment, would create a danger to the public
health, safety or welfare if the licensee were
to continue to engage in such conduct.
(b) Authority to investigate. For the purpose of
investigating violations of this article, any autho-
rized agent of the police department may, at any
reasonable time, investigate the business and ex-
amine the books, accounts, papers and records of
any licensed pawnbroker or any person, partner-
ship or corporation which engages in the business
of pawnbroking within the city. Application for or
acceptance of a license by a pawnbroker under the
terms and provisions of this article shall consti-
tute a continuing consent to entry by any autho-
rized agent of the police department upon the
pawnbroker's premises for the purpose of investi-
gating the business and examining the books, ac-
counts, papers and records used therein at any
time during the term of the license during regular
business hours or whenever the pawnbroker, his
employee or agent is upon the premises without
compliance with the provision of any other provi-
sion in this Code_ Willful failure or refusal by the
pawnbroker, his agent or employee to permit entry
upon the premises by any authorized agent of the
police department as provided herein, after pre-
sentation of credentials and demand for entry, is
a violation of this provision and shall be grounds
for revocation of the pawnbroker's license.
(c) Authority to revoke license. If the police de-
partment is made aware of the grounds in subsec-
tion (al of this section, the police department shall
have the authority to revoke the license for the
remainder of its term.
(d) Hearing. Except for such emergency suspen-
sion authorized by subsection (d) of this section,
no such suspension or revocation is final until the
licensee has been given the opportunity for a
hearing to contest the suspension or revocation.
Such hearing shall be held within twenty (20) days
of a written request for the hearing filed with the
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Supp. ",0. 13
police department by the licensee affected. Ap-
peal of the denial of a request for issuance of a
pawnbroker's license, or renewal thereof, shall be
conducted according to this subsection (d). The
hearing shall be conducted as follows:
(1) Upon receipt of a request for hearing, the
city administrator shall designate a hearing
officer to decide the matter and will notifY
the applicant or licensee of the hearing date
by mail.
(2) The hearing officer is hereby granted the
authority to sustain, reverse or modify the
police department's decision, and/or upon a
showing by the applicant or licensee of mit-
igating factors, may suspend the license for
a period of time and/or impose on the ap-
plicant or licensee reasonable conditions on
the license or any renewal thereof to secure
compliance with this article's standards_
(3) Any hearing presented pursuant to this ar-
ticle shall be conducted in conformance with
standards of procedural due process appli-
cable to administrative hearings, including
the right to present testimony and to con-
front witnesses.
(4) The hearing officer shall apply the following
standards for review: (1) whether the city,
through the order of revocation, suspension
or denial, abused its discretion; (2) acted
. arbitrarily or (3) acted in excess of its au-
thority hereunder. Additionally, the lic-
ensee or applicant shall have the burden to
show by a preponderance of the evidence
why the revocation, suspension or denial of
license, or renewal thereof, was improper
under the above standards. It shall also be
the burden of the licensee to establish the
mitigation in contesting any order of revo-
cation or suspension.
(5) The hearing officer shall conduct the
hearing within twenty (20) business days of
the filing of the request for hearing and
shall enter written finding of fact and con-
clusions of law, which shall be mailed to
the licensee or applicant at the address
shown on the license application. The
hearing officer's decision shall be effective
701
~ 11.181
WHEAT RIDGE CITY CODE
e
within three (3) business days of the date of
the written rmding required by this subsec-
tion.
(e) Authority to include protective orders or con-
ditions. If, after a hearing, the suspension or re-
vocation is upheld, the police department may in-
clude reasonable orders or conditions with which
the person whose license has been suspended or
revoked shall comply to protect any work in
progress and the public health, safety and wel-
fare_
W No refund of license fee. No person whose
license is revoked under this article is entitled to
receive a refund of any parto(the license fee paid
for the license. ~
(g) Obtaining similar license during period of
suspension prohibited. No person who has had a
license suspended or revoked under this article is
entitled to obtain the same or any similar license
under this article during the period of suspension
or revocation. either in the person's own name or
as a principal in another business that applies for
a license.
(Ord. No. 1994-952, 1\ I, 2-14-94)
Sec. 11-182. Managers; change of owner,
shareholder, partner, officer, di-
rector or manager.
(a) A pawnbroker may employ a manager to
operate a pawnbrokering business, provided the
pawnbroker retains complete control of all as-
pects of the pawnbroking business, including, but
not limited to, the pawnbroker's right to posses-
sion of the premises, his responsibility for all debts
and the pawnbroker must bear all risk of loss or
opportunity for profit from the business.
(b) In the event of a change of owner, officer,
director or holder of more than ten (10) percent of
the shares of stock of a corporate license holder,
partner of a partnership or manager, disclosure in
writing by amendment of the original application
for issuance of a pawnbroker's license thereof shall
be made to the police department.
Notwithstanding the provisions of this section,
neither a new license nor an amendment to an
existing license shall be required upon any change,
directly or beneficially, in the ownership of any
Supp. No. 13
licensed pawnshop which is owned directly or ben-
eficially by a person that as an issuer has a class
of securities registered pursuant to section 12 of
the Securities F.yph~nge Act of 1934 (the "Act")
or is an issuer of securities which is required to
file reports with the Securities and Exchange Com-
mission pursuant to section 15(d) of the Act; pro-
vided, that such person mes with the commis-
sioner such information, documents and reports
as are required by the provisions of the Act to be
med by such issuer with the Securities and Ex-
change Commission. Such issuer shall file with
the police department information on managers,
officers and directors of such issuer or any li-
censed or intermediate subsidiary as is otherwise
required of managers, officers and directors of cor-
porate pawnbrokers.
The applicant or license holder shall pay a fee
for amendment of the application, which fee shall
be determined by the city and set by resolution.
The new manager shall be photographed, finger-
printed and investigated as required in section
11-179. Failure oLan applicant to request an
amendment of the application or failure to meet
the prescribed standards and qualifications of sec-
tion 11.179 shall constitute grounds for revoca-
tion, suspension or nonrenewal of the license.
(Ord. No. 1994-952, S 1.2-14-94)
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Sec. 11-183. Required acts of pawnbrokers.
(a) Register, required information; declaration
of ownership or power to sell. Every pawnbroker
shall keep a numerical register in which shall be
recorded the following information: the name, ad-
dress and date of birth of the customer; the cus-
tomer's driver's license number or other identifi-
cation which is allowed for sale of valuable articles
pursuant to C.R.S., S 18-6-103, or for the sale of
secondhand property pursuant to C.R.S., S 18-13-
114; the date, time and place of the contract for
purchase or purchase transaction; and an accu-
rate and detailed account and description of each
item of tangible personal property, including, but
not limited to, any and all trademarks, identifi-
cation numbers, serial numbers, model numbers,
brand names, owner's identification numbers and
other identifying marks on such property. The
pawnbroker shall also obtain a written declara-
tion of the customer's ownership, which shall state
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-183
whether the tangible personal property is totally
owned by the customer or shall have attached to
. such declaration a power of sale from the partial
owner to the customer, how long the customer has
owned the property, whether the customer or
someone else found the property, and, if the
property was found, the details of the finding.
(b) Recording of purchase. If the contract for
purchase or the purchase transaction involves
more than one item, each item shall be recorded
on the pawnbroker's register and on the customer's
declaration of ownership.
(c) Signature of customer. The customer shall
sign his or her name in such register and on the
declaration of ownership and receive a copy ofthe
contract of purchase or a receipt of the purchase
transaction. The declaration of ownership (cus-
tomer signature) must appear on each page of the
contract.
(d) Inspection of register by law enforcement
agencies. The register shall be made available to
any local law enforcement agency for inspection
upon request at any reasonable time.
(e) Preservation of registers. Every pawnbroker
shall keep each register for at least three (3) years
after the date of the last transaction entered in
the register.
(I) Disposition of goods upon maturity of con-
tract for purchase. Every pawnbroker shall hold
all goods obtained pursuant to a contract for
purchase within his or her jurisdiction for a
period often (10) days following the maturity date
of the contract for purchase, during which time
such goods shall be held separate and apart from
any other tangible personal property, shall not be
displayed to the public and shall not be changed
in form or altered in any way.
(g) Disposition of purchased property. Every
pawnbroker shall hold all property purchased by
him or her through a purchase transaction for
thirty (30) days following the date of purchase,
during which time such property shall be held
separate and apart from any other tangible per-
sonal property, shall not be displayed to the public
and shall not be changed in form or altered in any
way.
Supp. No. 17
(h) Provision of records to law enforcement.
Every pawnbroker shall provide the local law
enforcement agency, on a weekly basis, with two
(2) copies of the records, original plus one (1) copy,
on a form approved by the local law enforcement
agency of all tangible personal property accepted
during the preceding week and copies of the
customer's declaration of ownership. The forms
shall be no smaller than 6H X 4H and no larger
than 6H X 9H. The form shall contain the same
information required to be recorded in the
pawnbroker's register pursuant to subsection (a)
of this section. The pawnbroker shall obtain the
right index fingerprint from the customer and
affix it to a box provided for that purpose on the
form. The local law enforcement agency shall
designate the day of the week on which the
records and declarations shall be submitted.
(i) provision for safekeeping. Every pawnbro-
ker shall provide a safe place for keeping the
tangible personal property of the customers.
G) Fireanns. Every pawnbroker shall clear,
through the police department, prior to release,
all firearms, other than those which are newly
manufactured and which have not been previ-
ously sold at retail.
(k) Videotaping of transactions. Every pawn-
broker shall videotape all transactions, including
those which do not result in a contract for pur-
chase or purchase transaction. Any such video-
tapes shall be kept by the pawnbroker for a
minimum of ninety (90) days and shall be subject
to police review.
(1) Fee for transaction fonns. Every pawnbro-
ker shall pay to the city a fee for every transaction
form. This fee shall be determined by the city and
set by resolution.
(m) Preservation of records and provision of
reports. Every pawnbroker shall, at his or her
expense, keep records or provide reports in such
manner and by such methods as may be deter-
mined from time to time by the police depart-
ment. The pawnbroker shall provide the police
department with a list of employees, their dates of
birth and their employee identification numbers.
(Ord. No. 1994-952, ~ 1, 2-14-94; Ord. No. 1996-
1023, ~~ 1-4, 4-22-96)
703
/
~ 11-184
WHEAT RIDGE CITY CODE
Sec. 11-184. Identification acceptable.
(a) No licensee nor any principal, employee,
agent or servant of such licensee shall engage in a
purchase transaction or shall enter into a con-
tract for purchase transaction with any customer
without securing one of the following kinds of
then-current and valid identification:
(1) A Colorado's driver's license;
(2) Identification card issued in accordance
with C.R.s., g 42-2-402, which is an identi-
fication card issued by the State of Colo-
rado;
(3) A valid driver's license containing a pic-
ture, issued by another state;
(4) A military identification card
(5) A valid passport;
(6) An alien registration'card; or
(7) A nonpicture identification document is-
sued by a state or federal government en-
tity.
(b) A right index fingerprint is required on all
transactions and must be affixed to the form in
accordance with the requirements of section 11-
183(h) above.
(Ord. No. 1994-952, g 1, 2-14-94; Ord. No. 1996-
1023, g 5, 4-22-96)
Sec. 11-185. Accepting lost or stolen arti-
cles.
A pawnbroker who accepts in pledge any tangi-
ble personal property as security for a contract for
purchase from one who is not the owner thereof
obtains no title in the property either by reason of
a pledgor's failure to cancel the contract for pur-
chase or by transference ofthe pawn ticket to the
pawnbroker by the pledgor thereof. Ignorance of
tpe fact that the pledged property was lost or
stolen shall not be construed to affect the question
of title; and if the pawnbroker shall sell such
article to a third person, he shall remain liable to
the original owner in any appropriate legal ac-
tion. The lawful owner may, upon providing his
ownership of the lost or stolen property, claim the
same from the pawnbroker or recover the same by
means of any appropriate legal action.
(Ord. No. 1994-952, g 1,2-14-94)
Supp. No. 17
Sec. 11-186. Prohibited acts of pawnbroker
in the course of doing business.
(a) Age limitation; sobriety. No pawnbroker,
employee or agent of the pawnbroker shall enter
into a contract for purchase or purchase transac-
tion with any person under the age of eighteen
(18) years or with any person under the influence
of alcoholic beverages or drugs.
(b) Dealing with thieves. No pawnbroker, em-
ployee or agent of the pawnbroker shall enter into
a contract for the purchase or purchase transac-
tion with any person !mown to that employee or
agent to be a thief or to have been convicted of
larceny or burglary without first notifying the
police department. Such notice shall not be deemed
as authorization by the city for the pawnbroker to
enter into any contract with such person.
(c) Multiple obligations. With respect to a con-
tract for purchase, no pawnbroker, employee or
agent of a pawnbroker may permit any customer
to become obligated on the same day in any way
under more than one contract for purchase agree-
ment with the pawnbroker which would result in
the pawnbroker obtaining a greater amount of
money than would be permitted if pawnbroker
and customer had entered into only one contract
for purchase covering the same tangible personal
property.
(d) Violation of contract for purchase by pawn-
broker. No pawnbroker, employee or agent of a
pawnbroker shall violate the terms of the contract
for purchase.
(e) Accepting property with obscured identifica-
tion marks. No pawnbroker, employee or agent of
a pawnbroker shall enter into a contract for
purchase or purchase transaction for any tangible
personal property wherein the identification num-
ber, serial number, model number, brand name,
owner's identification number or other identifying
marks on such property have been totally or
partially obscured.
(f) Accepting tangible property for contract for
purchase or purchase transaction. No pawnbro-
ker, employee or agent of a pawnbroker shall
enter into a contract for purchase or a purchase
704
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LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
~ 11-189
transaction when the property which is the sub-
ject of the contract for purchase or purchase
transaction is other than tangible property.
(g) Interest, commission and compensation. No
pawnbroker, employee or agent of a pawnbroker
shall ask, demand or receive any greater rate of
interest, commission and compensation than the
total rate of one-tenth of the original purchase
price for each month, plus the original purchase
price, on amounts of fifty dollars ($50.00) or over,
or one-fifth of the original purchase price for each
month, plus the original purchase price, on amounts
under fifty dollars ($50.00). No other charges
shall be made by the pawnbroker upon renewal of
any contract for purchase or at any other time. In
the event any such charges are made, the contract
shall be void. Any contract for the payment of
commissions by the customer for making a con-
tract for purchase on tangible personal property
shall be null and void.
(h) Violation by agents. The violation of this
section by an agent or employee of a pawnbroker
shall be deemed to be a violation ofthis section by
the pawnbroker.
(Ord. No. 1994-952, ~ 1, 2-14-94)
Sec. 11-187_ Intermediate payment; receipts.
Pawnbrokers shall accept intermediate pay-
ments, without penalty, upon contracts for pur-
chase which have not yet matured when pre-
sented with the pawn ticket and shall treat the
amount tendered as a payment upon the existing
contract for purchase. A receipt showing the date
of the payment and the amount shall be given to
the customer for all monies received on account of
or in payment ofloans made under a contract for
purchase. The total amount of money presented
shall be applied against the amount of indebted-
ness. In no event shall late charges, collection fees
or other such service charges be deducted from
the amount of the payment tendered to the pawn-
broker.
(Ord. No. 1994-952, ~ 1,2-14-94)
Sec. 11.188. Sale of tangible personal prop-
erty; notice to customer.
If the customer fails or neglects to redeem such
property upon the maturity of the contract for
Supp. No. 17
purchase by repayment of the balance of the
principal and payment of all accrued interest
charges, the pawnbroker shall immediately, upon
the maturity of the contract for purchase, mail
with sufficient postage a notice of the impending
sale of the property delivered under the contract.
Such notice shall be mailed to the customer at the
address shown on the contract for purchase per-
taining to the transaction. Ten (10) days shall be
allowed from the date of mailing of the notifica-
tion for the customer to appear and reclaim the
property or make satisfactory payments upon it.
The pawnbroker shall not sell or otherwise dis-
pose of the properly prior to the expiration of the
ten-day period.
(Ord. No. 1994-952, ~ 1, 2-14-94)
Sec. 11.189. Hold orders and surrender of
property.
(a) Any police officer may order a pawnbroker
to hold any tangible personal property deposited
with or in custody of any pawnbroker for purposes
of further investigation. A hold order shall be
effective upon verbal notification to the pawnbro-
ker by an authorized agent of the police depart-
ment. No sale or other disposition may be made of
such property held by any pawnbroker while the
hold order remains outstanding. A hold order
shall supersede all other provisions of this article
and any sale or other disposition of the property
after the pawnbroker has been notified by the
police department of a hold order shall be unlaw-
ful and a violation of this article.
(b) If any police officer determines that any
article of personal property held by a pawnbroker
is stolen or illegally obtained property, such of-
ficer may immediately confiscate such property
and must provide the pawnbroker with a receipt,
case report number and/or the police report evi-
dence sheet setting forth the basis for the confis-
cation.
(Ord. No. 1994-952, ~ 1, 2-14-94; Ord. No. 1996-
1023, ~ 6, 4-22-96)
705
~ 11-190
WHEAT RIDGE CITY CODE
Sec. 11-190. Hours establishments closed.
It is unlawful for any pawnbroker to be open for
business or to operate the establishment wherein
the business of pawnbroking is carried on during
the following hours and on the following days:
(1) After 9:00 p.m. and before 8:00 a.m. on any
day the business is open.
(2) On Sunday.
(3) On January 1, commonly called New Year's
Day; on the last Monday of May, commonly
called Memorial Day; on July 4, commonly
called Independence Day; on the first Mon-
day of September, commonly called Labor
Day; on Thanksgiving Day; and on Decem-
ber 25, Christmas Day.
(Ord. No. 1994-952, ~ 1, 2-14-94)
Sec..lhI9l. Liability of pawnbroker.
(a) A pawnbroker who accepts any article in a
purchase or contract of purchase transaction from
a customer who is not the owner thereof obtains
no title in the article either by reason of the
expiration of the contract or by transfer of the
receipt to the pawnbroker by the customer or
holder thereof. Ignorance of the fact that the
article was lost or stolen shall not be construed to
effect the question of the title. If the pawnbroker
shall sell such article to a third person, the
pawnbroker shall remain liable to the original
owner in an action to recover the article. The
lawful owner may, upon proof of his or her own-
ership of the article lost or stolen, claim the same
from the pawnbroker or recover the same by
appropriate legal means including, without limi-
tation, forfeiture of the fair market value of such
article out of the bond required by section 11-176.
(b) A pawnbroker shall be liable for the loss of
tangible personal property or part thereof or for
damages thereto, whether caused by fire, theft,
burglary or otherwise, resulting from his or her
failure to exercise reasonable care in regard to it.
(Ord. No. 1994-952, ~ 1,2-14-94)
See. 11-192. Procedure for moving business.
A pawnbroker's license issued under this article
is specific to the location of the pawnbroker's
business at the time the license is issued. Any
Supp. No. 17
change in location of a licensed pawnbroker under
this article shall be treated as a new license
application, with the exception that the bond
required by section 11-176, which may be used for.
an approved new location upon notification of
change of address to the surety issuing the bond.
A copy of the change of location notice to the
surety shall be included in the new application.
(Ord. No. 1994-952, ~ 1, 2-14-94)
See. 11-193. Violations and penalties.
Any person, firm or corporation violating any of
the provisions of this article shall be liable for a
fine or penalty of not more than one thousand
dollars ($1,000.00). Each day a violation of the
provisions of this article exists shall be considered
a separate punishable offense.
(Ord. No. 1994-952, ~ 1,2-14-94)
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