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Home My WebLink AboutORDINANCE 01-91C)C ORDINANCE NO.1-91 AN ORDINANCE AMENDING CHAPTER 5.20, OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,REGARDING OCCUPATION LICENSES. WHEREAS,the Town of Estes Park,Colorado,(the Town)isauthorizedtolicense,regulate and tax any lawful occupation, business or profession and fix the amount,terms and manner ofissuingandrevokinglicensesissuedtherefore,pursuant toSection31—15—501(1)(c)C.R.S.;and WHEREAS,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 the expenditures required by the Town requires that each separate occupation,business or profession shall be subject to a license fee for the privilege of carrying on said 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,the operator,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 Occupation:A business,profession or occu pation conducted within or from a dwelling by a resident thereof as an accessory use to the residential use of the dwelling. Non—resident Occupation: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. 5.20.020 Occupation License Fee.There is hereby imposed an occupation 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 thesellingofgoods,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 occupation,non—resident occupation,or community special event. 5.20.030 Amount of License Fee.The occupation license fee is set forth as follows: 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 —2— 0 Q B.All other occupations,including,but not limited to Home Occupation, Non—resident Occupation and Community Special Events —$200.00 per year 5.20.040 Occupation License.Every person who is the owner of any business,profession or occupation which is subject to the occupation license fee set forth in this Chapter,shall obtain an occupation license from the Town prior to the engaging in any business,profession or occupation within the Town. 5.20.050 Form of The License,Non-Transferability.Each occupation 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 occupation 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 calendar year.Any license fee which is unpaid as of January 20th of each year,shall bear interest at the rate of eighteen (18%)per annum until paid. B.Any business,profession or occupation which begins its business during a calendar year shall pay the license fee forthatportionofthecalendaryear,based upon the date of opening of the business,profession or occupation.The license fee shall be prorated based upon the opening date of said business.Saidlicensefeeshallbedueandpayableontheopeningdate,and an occupation license shall be obtained by the owner of the business,profession or occupation prior to said opening. 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 occupation license fee imposed herein to fail or refuse to make payment to the Town of said fee or in any 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. —3— 0 Ct 5.20.090 Reinstatement of License.If an occupationlicensehasbeenrevokedbytheTown,the owner of any business,profession or occupation wishing to reinstate said license may apply to the Town for reinstatement,tendering with said applicationthetotalfeedue,including all interest thereon. 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 ofascertainingcompliancewiththetermsandconditionsofthis Chapter.In the event that such inspection reveals that the occupation 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. 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 thansalestaxlicenses,nor to any business,profession or occupation paying another occupation 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 suchsection,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 February 12,1991.All license fees set forth in this Ordinanceshallbedueandpayableinfullforthecalendaryear1991. Said fees shall be due and payable on or before March 20,1991. In the event that any business,profession or occupation has paid any license fees for 1991,the amount of said payment shall be credited to the license fees due under the terms and provisions of this Ordinance. Section 4.The adoption of this Ordinance is hereby declared an emergency due to the fact that it is necessary to immediately impose the above stated Occupation License Fee and; WHEREAS,it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage,adoption and signature of the Mayor. —4— C PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS /2S-DAY OF Jt4t4Lw,tc&1991. TOWN OF ESTES PARK,COLORADO By:_________________ Na6r ATTEST:. Town Clerk I hereby certify that the above ordinance was introduced andr;ad at a meeting of the Board of Trustees on the day ofzc/-tccty-,1991,and published in a newspaper of general pub1icatjbn in the Town of Estes Park,Colorado,on the /Sday of ,jtttscctc/,1991. Town Clerk —5—