HomeMy WebLinkAboutORDINANCE 01-16
OrdinanceNo.0116
ExhibitA
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 accommodation units or
vacation home; 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 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)
5.20.020 - Definitions. Modified
In this Chapter, the following words and phrases shall have the following meanings:
Accommodation means the rental, leasing or occupancy of an accommodation site
and/or accommodations unit for a total continuous duration of less than thirty (30) days.
Accommodation site means one (1) individual parcel of real property consisting of one (1)
or more accommodations units that are under management control of a representative, entity or
agency for rental purposes.
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 total continuous duration of less than thirty (30) days.
Bed and breakfast inn means a detached single-family residential dwelling unit that is
rented, leased or occupied for accommodations purposes and is operator-occupied on a full-
time basis.
OrdinanceNo.0116
ExhibitA
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;
Drywall contractor;
Electrical contractor;
Excavating contractor;
Fire system installation contractor;
Framing contractor;
General 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;
OrdinanceNo.0116
ExhibitA
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 or home
business.
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.
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.
Owner means the person owning any business, profession, occupation
or accommodation unit. 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 residential dwelling unit 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 §1(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)
5.20.030 - Amount of license fee.
OrdinanceNo.0116
ExhibitA
The business license fee is set forth as follows:
(1)
General business license: two hundred dollars ($200.00) per year.
(2)
Accommodations license: five (5) units or less, one hundred fifty dollars ($150.00) per year;
six (6) to twenty (20) units, two hundred sixty dollars ($260.00) per year; twenty-one (21)
units or more, three hundred seventy-five dollars ($375.00) per year. Each
individual accommodation site shall pay a business license fee based upon the number of
units on the individual accommodation site.
(3)
Building contractor's license: two hundred dollars ($200.00) per year.
(4)
Home business license: one hundred dollars ($100.00) per year.
(5)
Individual accommodation unit: Any individual accommodation unit, including but not limited to
a condominium unit, which is not part of an accommodation site, shall pay a business
license fee of one hundred fifty dollars ($150.00) per year.
(6) Vacation home: two hundred dollars ($200.00) base fee per year; fifty dollars ($50.00) for
each bedroom.
(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 §1, 2004; Ord. 19-07 §1, 2007;
Ord. 02-09 §5, 2009)
5.20.040 - Business license requirements.
Every person who is the owner of any business, profession, occupation, accommodation unit or
vacation home, 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, accommodation or vacation home within the Town.
(2)
The owner shall complete all forms and provide all information required by the Town Clerk for
obtaining a business license.
(3)
OrdinanceNo.0116
ExhibitA
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.
(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)
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)
5.20.060 - Payment of license fee.
The owner of each business, profession, occupation, accommodation unit or vacation home 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, accommodation or vacation
home 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, accommodation or vacation home 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
(½) 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 (¼) 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.
(3)
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
OrdinanceNo.0116
ExhibitA
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 fee will be
added to the account.
(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)
5.20.070 - Violation.
It shall be a violation of this Chapter for an owner of a business, profession, occupation,
accommodation or vacation home 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)
5.20.080 - Revocation of license.
The Town shall give written notice to the owner of any business, profession, occupation,
accommodation, or vacation home 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 accommodation or
vacation home 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)
5.20.085 - 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, accommodation or
vacation home 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,
accommodation or vacation home within the Town from conducting said business, profession,
occupation or accommodation within the Town.
(Ord. 28-07 §6, 2007; Ord. 02-09 §11, 2009)
5.20.090 - Inspections.
OrdinanceNo.0116
ExhibitA
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)
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 Town.
(Ord. 1-91 §1(part), 1991; Ord. 19-91 §1(part), 1991; Ord. 15-97, 1997; Ord. 02-09 §12, 2009)
5.20.110 - Vacation homes and bed and breakfast inns.
This Section shall apply to vacation homes and bed and breakfast inns.
(1)
Restrictions on rentals. The rental, leasing or occupancy of all vacation homes and bed and
breakfast inns subject to this Section shall be restricted as follows:
a.
Compliance with the applicable regulations found in the Estes Valley Development Code
is required.
b.
The application for a business license for any vacation home or bed and breakfast inns
shall designate a local resident or property manager of the Estes Valley who can be
contacted by the Town with regard to any violation of the provisions of this Section.
The person set forth on the application shall be the representative of the owner for all
OrdinanceNo.0116
ExhibitA
purposes with regard to the issuance of the business license, the operation of the
vacation home or bed and breakfast inn and revocation of the business license
pursuant to the terms and conditions of this Section.
(2)
Violation. It is a violation of this Section for any owner, representative, guest and/or occupant
of a vacation home or bed and breakfast inn to be convicted, including a plea of no
contest, of a violation of Section 9.08.010 (Disturbing the Peace) of this Code; to fail to
collect and remit all required sales tax to the State due and owing for the leasing, rental or
occupation of a vacation home or bed and breakfast inn; to violate any provisions of this
Section; and/or to fail to acquire and pay for a business license. For the purpose of this
Section, only violations of Section 9.08.010 of this Code which occur on the premises of
the vacation home or bed and breakfast inn and while a vacation home or bed and
breakfast inn is being occupied as a vacation home or bed and breakfast inn shall be a
violation of this Section.
(3)
Revocation of license. The Town may revoke the business license of any vacation home or
bed and breakfast inn for violation of the provisions of this Section as follows:
a.
The Town Clerk, upon the receipt and verification of any violation of this Section, shall
give written notice to the owner or representative that a violation has occurred.
b.
Upon the receipt and verification of any subsequent violation of the terms and conditions
of this Section, within two (2) years of the date of the written warning set forth in
Subsection a above, the Town Clerk may revoke the business license by giving
written notice to the owner or representative of the revocation of the license. Said
revocation shall be for one (1) year from the date of the notice.
c.
Upon the receipt and verification of any subsequent violation of the terms and conditions
of this Section within two (2) years after reinstatement, the Town Clerk shall revoke
the business license by giving written notice to the owner or representative of the
revocation of the business license. Said revocation shall be for two (2) years from the
date of the notice. Upon revocation of the business license, the owner's right to
operate a vacation home or bed and breakfast inn on the property shall terminate.
(4)
Appeal. Any owner or representative who wishes to contest the written warning or the
revocation of a business license shall be entitled to request a hearing before the Town
Clerk by written notice delivered in person or by certified mail, return receipt requested, to
the Town Clerk within fifteen (15) days of the date of the warning or revocation. The Town
Clerk shall hold a hearing on the appeal and determine whether or not a violation of the
provisions of this Section has occurred. The owner shall be entitled to present any
evidence of compliance with the terms and conditions of this Section at said hearing. The
OrdinanceNo.0116
ExhibitA
decision of the Town Clerk as to whether or not the violation occurred shall be final and
not subject to further appeal.
(Ord. 4-04 §3, 2004; Ord. 02-10 §1, 2010)