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Home My WebLink AboutORDINANCE 19-910 C, ORDINANCE NO.19-91 AN ORDINANCE AMENDING CHAPTER 5.20, OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,REGARDING BUSINESS LICENSES. WHEREAS,the Town of Estes Park,Colorado,(the Town)is authorized to license,regulate and tax any lawful occupation, business or profession and fix the amount,terms and manner ofissuingandrevokinglicensesissuedtherefore,pursuant to Section 31—15—501(1)(c)C.R.S.;and MJEREAS,the Town has determined that the nature of the following occupations,businesses and professions,including accommodations and the relation of such businesses to the Municipal welfare,as well as the relation thereof to theexpendituresrequiredbytheTownrequiresthateachseparate occupation,business or profession,including the ownership of multiple businesses at separate physical locations,shall besubjecttoalicensefeefortheprivilegeofcarryingonsaid business,profession and occupation within the Town;and WHEREAS,the Town has determined that the classification of the following occupations,businesses and professions,including accommodations is reasonably proper,uniform and non—discrimina tory and that the amount of the license fee imposed by this Chapter is reasonably proper and non—discriminatory and necessary for a just and proper distribution of Municipal costs andobligationswithintheTown. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Chapter 5.20 of the Municipal Code is amended initsentiretyasfollows: 5.20.010 Definitions.In this Chapter,the following words and phrases shall have the following meanings: Person:Any individual,firm,partnership,joint venture,corporation,estate or trust,receiver,trustee,assignee,lessee or any person acting in afiduciaryorrepresentativecapacity,whether appointed by a Court or otherwise,or any group or combination of the above acting as a unit,and includes a plural as well as a singular number. Owner:The person owning any business,profession or occupation.In the event that the owner is a non—resident or cannot be located by the Town,theoperator,manager or lessee of any such business, profession or occupation shall be deemed an owner forallpurposesofthisChapter. 0 0 Accommodation:The leasing,rental,or furnishing of any room,mobile home site,recreational vehiclesite,camp site or other accommodation in any hotel, motel,guest house,bed and breakfast,apartment, dormitory,mobile home park,recreational vehicle park or campground,or any such similar place to any person who,for a consideration,uses,possesses or has therighttouseorpossesssuchroom,site or other accommodation for a total continuous duration of less than 30 days. Accommodation Unit:Each individual room,set of rooms,site,or divided area rented,leased or occupied on a unit basis in an accommodation. Home Business:A business,profession or occu pation conducted within or from a dwelling by aresidentthereofasanaccessoryusetotheresidential use of the dwelling. Non—resident Business:A business,profession or occupation whose business premise is located outside the corporate limits of the Town but is otherwise subject to the terms of this Chapter. Community Special Events:Any event at which a business,profession or occupation is conducted where goods,wares,merchandise,service or the performing or rendering of service,for charge is conducted or sponsored by a non—profit association or organization. Building Contractor:A business,profession or occupation whose primary business is the physical construction of structures and their appurtenances, including but not limited to: Acoustical Contractor Air Conditioning Contractor Cabinets &Cabinet Makers Caulking ContractorCeilingContractor General Contractor Remodeling and Repairing Contractor Carpenter Concrete Contractor Counter Tops Contractor Demolition ContractorDrilling&Boring Contractor Dry Wall ContractorElectricalContractor Excavating Contractor Framing Contractor Heating/Mechanical Contractor Home Building —2— (1 C Home Improvement Contractor House Mover ContractorInsulationContractor Landscape Contractor Mason Contractor Painting ContractorPatio,Deck,Porch,Building/Enclosure Contractor Paving Contractor Plumbing Contractor Road Building Contractor Roofing Contractor Septic Tanks &Systems Contractor Siding Contractor Sprinkler System Contractor Swimming Pool Contractor Tile/Ceramic Contractor Waterproofing Contractor 5.20.020 Business License Fee.There is hereby imposed a business license fee on the privilege of carrying on or engaging in any business,profession or occupation within the Town,which business,profession or occupation consists of the selling of goods,wares,merchandise or service;the performing or rendering of service,for charge;the leasing,renting,or furnishing of accommodation units;and the carrying on or engaging in any home business,non—resident business,or community special event. Each business,profession or occupation conducted at a separate physical location,regardless of ownership,shall pay a business license fee. 5.20.030 Amount of License Fee.The occupation license feeissetforthasfollows: A.Accommodations: 5 units or less $150.00 per year 6 to 20 units —260.00 per year 21 units or more 375.00 per year B.All other occupations, including,but not limited to Home Occupation, Non—resident Occupation and Community Special Events —$200.00 per year C.Building Contractor —$100.00 per year 5.20.040 Business License.Every person who is the owner of any business,profession or occupation,including owners of multiplebusinessesatseparatephysicallocations,which is subject to the business license fee set forth in this Chapter,shall ob tain a business license from the Town prior to the engaging in any business,profession or occupation within the Town. —3— Ct)(I 5.20.050 Form of The License,Non-Transferability.Each business license shall be numbered and shall show the name,and place of the business of the licensee and shall be posted in a conspicuous place on the business premise for which it is issued. No license shall be transferable. Section 5.20.060 Payment of License Fee. A.The owner of each business,profession or occupation, subject to the provisions of this Chapter,shall pay the business license fee for each calendar year in which they engage in any business,profession or occupation within the Town.Said fee shall be due and payable on or before January 20th of each year.Any owner may pay one—half of the business license fee on or before January 20th of each year and the other one—half on or before June 30th of that year. B.Any new business,profession or occupation which beginsitsbusinessduringtheyearpriortoOctober31stofthatyearshallpaythebusinesslicensefeeforsaidyear.Any new business,profession or occupation which begins its businessafterOctober31stoftheyearshallpayabusinesslicensefee which shall be credited to the next year’s business license fee. 5.20.070 Violation.It shall be a violation of this Chapter for an owner of a business,profession or occupation or any person subject to the business license fee imposed herein tofailorrefusetomakepaymenttotheTownofsaidfeeorinany other manner to evade the collection and payment of the fee or any part thereof imposed by this Chapter. 5.20.080 Revocation of License.The Town,after giving written notice to the owner of any business,occupation or profession who has either failed to pay the fee or part thereof due,may revoke the license of said owner.Upon revocation of the license,the owners’right and privilege to conduct the business,profession or occupation within the Town is terminated. 5.20.090 Reinstatement of License.If a business license has been revoked by the Town,the owner of any business,pro fession or occupation wishing to reinstate said license may apply to the Town for reinstatement,tendering with said application the total fee due. 5.20.100 Inspections.The Town shall be entitled at any time,upon reasonable notice to the owner of any business, profession,or occupation,to inspect the premises occupied by the business,profession or occupation for the purpose of ascertaining compliance with the terms and conditions of this Chapter.In the event that such inspection reveals that the business license fee charged to said business,profession or occupation is in fact erroneous,an adjustment shall be made by the Town of the license fee. —4— 0 C 5.20.110 chapter Exceptions.The provisions of this Chapter shall not apply to any business,profession or occupation licensed under any other Town ordinance and paying a license fee to engage in such business,profession or occupation,other than sales tax licenses,nor to any business,profession or occupation paying another business license fee or tax to the Town. Section 2.If any section,paragraph,clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph,clause or provision shall not affect any of the remaining provisions of this Ordinance,the intent being that the same are severable. Section 3.The effective date of this Ordinance shall be January 1,1992. Section 4.This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS DAY OFYtL<n.%e4j,1991. TOWN OF ESTES PARK,COLORADO By:_______ Mayor ATTEST: 2 Town Clerk I hereby certify that the above Ordinance was introduced and readtameetingoftheBoardofTrusteesonthedayof ______________ 1991,and published in a newspapr of general circtionintheTownofEstesPark,Colorado on the 2?’day of __________________ ,1991.—_____ /-t..z.• Town clerk —5—