HomeMy WebLinkAboutORDINANCE 07-18ORDINANCE NO. 07-18
AN ORDINANCE AMENDING CHAPTER 5.20 BUSINESS LICENSES
OF THE MUNICIPAL CODE
WHEREAS, Chapter 5.20 of the Municipal Code sets forth the requirements for
each business, profession or occupation within the Town to obtain and maintain a
business license; and
WHEREAS, it is necessary to amend Chapter 5.20 to provide for new categories
of business licenses, clarify the requirements for individual accommodation units to
obtain a business license, amend the amount of business license fees, and provide
exceptions to the terms and conditions of Chapter 5.20 of the Municipal Code; and
WHEREAS, the Board of Trustees has reviewed the amendments to Chapter
5.20 and determined that it is in the best interest of the Town to approve the
amendment of Chapter 5.20 of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Chapter 5.20 of the Municipal Code is amended, as more fully set forth
on Exhibit A attached hereto and incorporated herein by reference.
Section 2: 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 of Nose. late , 2018.
TOWN OFTES PARK
Mayor
ATTEST:
T Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the " day of ilsjAteCe. , 2018 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the "*
day of 14 , 2018.
EXHIBIT A
Chapter 5.20 - Business Licenses
5.20.010 - Business license.
(a) Each 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 an accommodation; and the carrying on or
engaging in any nonresidential business shall obtain and maintain a business license. Each
business, profession or occupation conducted at a separate physical location, regardless of
ownership, shall obtain and maintain a separate business license.
(b) Each individual accommodation unit or vacation home which is separately owned, including but not
limited to a condominium unit, shall obtain and maintain a business license for the individual unit as
provided in Section 5.20.030. An entity or company managing one (1) or more individual
accommodation units or vacation homes, shall obtain and maintain a business license for the
management business separate from the business license of the owner of the individual
accommodation unit or vacation home.
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §2, 1993; Ord. 20-01 §1, 2001;
Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §1, 2007; Ord. 02-09 §§ 1, 2, 2009)
(Ord. No. 01-16 , § 1, 1-26-2016)
5.20.020 - Definitions.
In this Chapter, the following words and phrases shall have the following meanings:
Accommodation means the rental, leasing or occupancy of an accommodation unit, individual
accommodation unit, vacation home or bed and breakfast inn for a term of less than thirty (30) days.
Accommodation site means one (1) individual parcel of real property consisting of two (2) or
more accommodations units that are all owned and managed by a person(s) or entity.
Accommodation unit means any room, mobile home, recreational vehicle, camp site, or other
area in a visitor -serving facility that provides temporary lodging, such as any hotel, motel, guest
house, apartment, dormitory, mobile home park, recreational vehicle park or campground, or any
such similar place, to any person whom, for a consideration, uses, possesses, or has the right to use
or possess such room, mobile home site, recreational vehicle site, camp site or other area for a term
of less than thirty (30) days.
Bed and breakfast inn means a detached single-family residential dwelling accommodation that
is operator -occupied or an on -site manager resides on the premises during the accommodation use.
Building contractor means 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;
Asphalt contractor;
Cabinets and cabinet makers;
Carpenter;
Caulking contractor;
Ceiling contractor;
Concrete contractor;
Counter tops contractor;
Demolition contractor;
Drilling and boring contractor;
Drywallll contractor;
Electrical contractor;
Excavating contractor;
Fire system installation contractor;
Framing contractor;
GeneralI contractor;
Heating/mechanical contractor;
Home building;
Home improvement contractor;
House mover contractor;
Insulation contractor;
Landscape contractor;
Mason contractor;
Painting contractor;
Patio, deck, porch, building/enclosure contractor;
Paving contractor;
Plumbing contractor;
Remodeling and repairing contractor;
Road building contractor;
Roofing contractor;
Septic tanks and systems contractor;
Siding contractor;
Sprinkler system contractor;
Swimming pool contractor;
Tile/ceramic contractor; and waterproofing contractor.
General business means the 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 services or the performing or rendering of service for charge; except the carrying on
or engaging in an accommodation, building contractor, home business, or outdoor mobile food
vending.
Home business means a business, profession or occupation conducted within or from a
dwelling by a resident as an accessory use to the residential use of the dwelling, but it does not
include a building contractor or accommodation.
Individual Accommodation Unit means any separately owned accommodation, such as a
condominium unit, which is rented, leased or occupied for a term of less than thirty (30) days and is
not a vacation home.
Nonresident business means a business, profession or occupation whose business premises is
located outside the corporate limits of the Town but is otherwise subject to the terms of this Chapter.
Outdoor Mobile Food Vending means a business conducted from a licensed vehicle which sells
food and beverages to the public.
Owner means the person owning any business, profession, occupation or accommodation. In
the event that the owner is a nonresident or cannot be located by the Town, the operator, manager
or lessee of any such business, profession or occupation shall be deemed an owner for all purposes
of this Chapter.
Vacation home means a single-family residential dwelling that is rented, leased or occupied for
accommodations purposes for compensation for terms of less than thirty (30) days.
(Ord. 1-91 §1 (part), 1991; Ord. 19-91 § I (part), 1991; Ord. 18-93 §1, 1993; Ord. 11-94 §1, 1994,
Ord. 15-97, 1997; Ord. 20-98 §1, 1998; Ord. 20-01 §2, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1,
2007; Ord. 02-09 §§3, 4, 2009; Ord. 02-10 §1, 2010)
(Ord. No. 01-16 , § 1, 1-26-2016)
5.20.030 - Amount of license fee.
The business license fee is set forth as follows:
(1) General business license: one hundred & thirty-four dollars ($134.00) per year.
(2) Accommodations license as follows: each individual accommodation site shall pay a business
license fee based upon the number of units on the individual accommodation site. five (5) units
or less, one hundred dollars ($100.00) per year; six (6) to twenty (20) units, one hundred
seventy-five dollars ($1175.00) per year; twenty-one (21) units or more, two hundred fifty dollars
($250.00) per year.
(3) Building contractor's license: one hundred & thirty-four dollars ($134.00) per year.
(4) Home business license: sixty-seven dollars ($67.00) per year.
(5) individual accommodation unit shall pay a business license fee of two hundred dollars ($200.00)
per year, plus fifty dollars ($50,00) for each bedroom. (6) Vacation home: two hundred
do'lllars ($200.00) base fee per year; plus fifty dollars ($50.00) for each bedroom.
(7) Bed and Breakfast Inn License: two hundred dollars ($200.00) base fee per year; plus fifty
dollars ($50.00) for each bedroom.
(8) Outdoor Mobiille Food Vendor License: twenty-five dollars ($25.00) per year;
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §3, 1993; Ord. 11-94 §2, 1994;
Ord. 20-98 §3, 1998; Ord. 21-98 § 1, 1998; Ord. 20-01 §3, 2001; Ord. 4-04 § I , 2004; Ord. 19-07
§ I, 2007; Ord. 02-09 §5, 2009)
(Ord. No. 01-16 , § 1, 1-26-2016)
5.20.040 Business license requirements.
Every person who is the owner of any business, profession, occupation or accommodation, including
owners of multiple businesses at separate physical locations, shall obtain a business license from the
Town as follows:
(1) A business (license shall be obtained prior to engaging in any business, profession, occupation
or accommodation within the Town.
(2) The owner shall complete all forms and provide all information required by the Town Clerk for
obtaining a business license.
The owner, if required, shall complete an Affidavit of Lawful/ Presence and present valid
identification required by Section 24-76.5-101, et seq., C.R.S., or any regulation of the State
promulgated thereto.
(4) The owner shall complete and/or provide all documentation and information required by the
State and/or the United States for the issuance of a business license.
if the business is required to have a sales tax license by Colorado Law, the owner shall provide
a copy of a current Colorado sales tax license:
(3)
(5)
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 § 1, 2004; Ord. 19-07 § 1, 2007;
Ord. 28-07 §2, 2007; Ord. 02-09 §6, 2009)
(Ord. No. „ Il - II Q , § 1, 1.26 , 2016)
5.20.050 - Form of license; transfers.
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 premises for which it is issued. This
license may be transferable to any new owner of the business so long as the business remains at the
same premises.
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §4, 1993; Ord. 15-97, 1997;
Ord. 20-01 §4, 2001; Ord. 19-07 §1, 2007; Ord. 02-09 §7, 2009)
(Ord. No. 01-16 , § 1, 1-26-2016)
5.20.060 - Payment of license fee.
The owner of each business, profession, occupation or accommodation subject to the provisions of
this Chapter shall pay the business license fee for each calendar year in which the owner engages in any
business, profession, occupation or accommodation within the Town as follows:
(1) Full payment is required on or before March 31 of each calendar year.
(2) Any new business, profession, occupation or accommodation which begins its business on or
after January 1 and on or before June 30 shall pay the full amount of the business license fee.
Any new business, profession, occupation or accommodation which begins its business on or
after July 1 and on or before September 30 shall pay one-half (') of the business license fee.
Any new business, profession, occupation or accommodation which begins its business on or
after October 1 and on or before December 31 shall pay one-fourth ('/a) of the business license
fee. All business license fees subject to this Subsection (2) shall be due and payable upon
submittal of an application to the Town Clerk's office.
In the event any existing business license is not renewed in the subsequent calendar year on or
before March 31, the business license shall be deemed to have lapsed. A new business license
fee in full must be paid by the owner. There shall be no proration of this business license fee.
(4) In the event that a nonsufficient funds (NSF) check is received, a twenty -dollar ($20.00) fee will
be added to the account. A new business license fee in full must be paid by the owner. There
shall be no proration of this business license fee.
(3)
Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 18-93 §5, 1993; Ord. 15-97, 1997;
Ord. 20-01 §5, 2001; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007; Ord. 28-07 §3, 2007; Ord. 02-09
§8, 2009 (Ord. No. 01-16 , § I, 1-26-2016)
5.20.070 - Violation.
It shall be a violation of this Chapter for an owner of a business, profession, occupation or
accommodation to fail to obtain and maintain the business license; refuse to make payment to the Town
of the business license fee; or fail to complete the application process.
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004; Ord. 19-07 §1, 2007;
Ord. 28-07 §4, 2007; Ord. 02-09 §9, 2009)
(Ord. No. 01-16 , § 1, 1-26-2016)
5.20.080 - Revocation of license.
The Town shall give written notice to the owner of any business, profession, occupation or
accommodation who has failed to pay the fee in accordance with Section 5.20.060. If the business
license fee is not paid in full within twenty (20) days of the date of the notice, the Town shall revoke the
business license. Upon revocation of the business license, the owner's right and privilege to conduct the
business, profession, occupation or accommodation within the Town is terminated.
(Ord. 1 -91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 §1, 2004; Ord. 19-07 §5, 2007;
Ord. 28-07 §5, 2007; Ord. 02-09 § 10, 2009)
(Ord. No. .I , § 1, 1-26-2016)
5.20.085 a Termination of right to conduct business.
Upon revocation of a business license or failure to obtain and maintain a business license, the
owner's right and ;privilege to conduct its business, profession, occupation or accommodation within the
Town is terminated. Following termination, the Town may seek injunctive relief in the District Court to
enjoin the owner of any business, profession, occupation or accommodation within the Town from
conducting said business, profession, occupation or accommodation within the Town.
(Ord. 28-07 §6, 2007; Ord. 02-09 §1 I, 2009)
(Ord. No. 01-15, § 1, 1-26-2016)
5.20.090 Inspections.
The Town shall be entitled at any time, upon reasonable notice to the owner of any business,
profession, occupation or accommodation, to inspect the premises occupied by the business, profession,
occupation or accommodation 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 the
business, profession, occupation or accommodation is in fact erroneous, an adjustment shall be made by
the Town of the license fee.
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 4-04 *1, 2004)
(Ord. No. 01-15, § 1, 1-26-2016)
5.20.100 - Chapter exceptions.
The provisions of this Chapter shall not apply to the following:
(1) 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.
(2) Any business, profession or occupation which consists solely of delivering goods at wholesale
to other businesses, professions or occupations within the Town.
(3) Any business, profession or occupation solely conducted on property owned by the TownEstes
Valley Recreation and Parks District or Park R-3 School District.
(4) Professional performing artists performing within the Town, including, but riot limited to
musicians, bands, orchestras, comedians, actors and lecturers.
(5)
Any organization or entity that is formally recognized by the United States Infernal Revenue
Service, as having tax-exempt status.
(Ord. 1 91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 15-97, 1997; Ord. 02-09 §12, 2009)
(Ord. No. 01.16 , § 1, 1-26-2016 )
(Ord. 4-04 §3, 2004; Ord. 02-10 *1, 20I0)
(Ord. No. 01.16 , § 1, 1-26-2016)
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