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 Code Sec . 11-31 is hereby repealed in its entirety and reenacted to read as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 Current Code Sees . 11-32 and 11-33 are hereby repealed in their entirety .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