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HomeMy WebLinkAboutORDINANCE 20-22Title 5 Business Regulations and Licenses Chapter 5.20 Business Licenses . . . 5.20.020 Definitions. In this Chapter, the following words and phrases shall have the following meanings: . . . Timeshare/fractional ownership means a residential dwelling unit that is subject to or operates under any arrangement, plan, or design whereby occupancy rights to the dwelling unit are segmented over time, and the rights of occupancy by owners, lessees or holders (regardless of the form of ownership or the form in which the right to occupy is expressed) are recurring, either on a fixed schedule or a floating schedule, such that in any one year a change or turnover of occupancy may occur four or more times. Vacation home means a residential dwelling unit that is rented, leased or occupied for accommodation purposes for compensation for terms of less than thirty (30) days, and includes any timeshare/fractional ownership without regard to occupancy length. . . . 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. (3) 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. (34) 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. (45) 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. . . . 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: EXHIBIT A (1) Full payment is required on or before January 31 of each calendar year. Payments received after January 31 of each calendar year will be assessed a penalty of two hundred dollars ($200.00) in addition to the licensing fee. (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 December 31 shall pay one-half (½) 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 January 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. . . . 5.20.110 Additional provisions for vacation homes and bed and breakfast inns. (a) Business license application requirements. (1) A business license for a vacation home or a bed and breakfast inn has also been known as an annual operating registration or an operating permit. All such terms refer to the same approval, which is a license from the Town to conduct such activities, valid for a single year. (2) Local representative. a. Vacation homes. The application for a business license for any vacation home shall designate a local resident or local property manager residing within either the Estes Valley Recreation and Park District boundary or the Estes Park School District R-3 boundary, who can be contacted by telephone and is available when the vacation home is rented, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the operation of the vacation home. The local representative may be the same person as the property owner but shall provide a different address than the vacation home where the homeowner shall reside while the vacation home operates. b. Bed and breakfast inns. The application for a business license for any bed and breakfast inn shall designate the resident owner or on-site manager residing on the premises who can be contacted and is on the property twenty-four (24) hours per day when the bed and breakfast is in operation, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the bed and breakfast inn. (3) Acknowledgment of regulations. A business license for a vacation home or bed and breakfast inn shall not be valid unless the property owner, and the designated local contact described in paragraph (2), above (if different), sign the business license application acknowledging all applicable vacation home or bed and breakfast inn regulations. (4) Registration License completion deadline. The Town Clerk issues registration packets upon finding that the business license application form is complete and, if the property is in a residential zone, that the property is eligible to proceed from any waitlist to licensure, based on the cap described in subsection (b), below. All requirements of the rRegistration packets, including successful completion of all required inspections, must be completed and submitted within ninety (90) days from issuance of the packet from the Town Clerk, except for the life safety inspection as described in paragraph (8) below. Registration packets not submitted and complete, as determined by the Town Clerk, within those ninety (90) days shall be void, as shall be the application itself. A new application may be made if this Section allows. a. Reapplication Fee. Where a home has been the subject of a void application for lapse of this ninety (90) day deadline, and another application is submitted for the same home within two years of the lapse, in addition to the license fee a reapplication fee must be submitted with the reapplication which shall be equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee. (5) No more than one (1) business license shall be issued and effective in any given calendar year for each vacation home or bed and breakfast inn. (6) State sales tax license. A condition of issuance of the license shall be proof of a current sales tax license, provided by the applicant. (7) Initial cCompliance inspection. To be issued a new license, a vacation home or bed and breakfast inn must first undergo and pass an initial compliance inspection to ensure compliance with this Code and the regulations of the Development Code. (8) Life safety inspection. a. Requirement. To be issued a new license, a vacation home or bed and breakfast inn must first undergo and pass a life safety inspection or other required building inspection, as applicable, and receive a certificate of occupancy that allows for such use, such as described in Section 14.12.025 of this Code, section R327 of the International Residential Code as amended. b. Deadlines. If no such certificate of occupancy has been issued at the time the Town Clerk issues the registration packet as described in paragraph (4) above, the following deadlines shall apply: 1. The applicant must request the life safety inspection building permit from the Building Division, in the form and manner set by the division, within thirty (30) days of the issuance of the registration packet from the Town Clerk. 2. Upon issuance of the life safety inspection building permit, the applicant must complete an initial life safety inspection within thirty (30) days. 3. The applicant must complete and pass a final life safety inspection and obtain a certificate of occupancy that allows for the proposed use within ninety (90) days of the initial life safety inspection. c. Lapse. Failure to meet any of these deadlines shall automatically cause the application to lapse, and be void. A new application may be made if this Section allows. 1. Reapplication Fee. Where a home has been the subject of such a lapse, and another application is submitted for the same home within two years of the lapse, in addition to the license fee a reapplication fee must be submitted with the reapplication which shall be equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee. d. Early inspection. Nothing in this Section shall prevent an applicant from requesting, undergoing, or completing the life safety inspection or receiving the necessary certificate of occupancy before the application is made or the registration packet is issued. (9) Neighbor notification. Prior to issuance of the an initial or transferred annual business license for a vacation home or bed and breakfast inn, the owner or local representative shall be responsible for mailing a written notice. a. Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. b. Notices shall provide property address and 24/7 hotline phone number. c. Proof of mailing shall be provided to the Town Clerk prior to issuance of an initial or transferred annual business license. . . . (c) Transfer of business licenses and changes to local representatives. (1) Transfer. a. Transferable licenses. An active license for a specific vacation home or bed and breakfast inn that is not residentially zoned or that has been operating continuously (by new license, renewal, including any or approved transfer) under the required license since prior to the October 18, 2021 effective date of Ordinance 13-21 of the Town of Estes Park shall be transferable to a different owner in accordance with procedures in this Code, including paragraph (3) below, and in the form and manner established by the Town Clerk's Office. b. Other licenses. Licenses for vacation homes and bed and breakfast inns not addressed in subparagraph (a) above are not transferrable to any person upon sale or other transfer of ownership of the property. Upon such sale or transfer of ownership, the license shall terminate automatically and the new owner of the property shall apply for a vacation rental license if it wishes to continue the use of the property as a vacation rental. Such application shall be subject to any applicable waitlist. (2) Not transferable to different home. A license assigned to a vacation home or bed and breakfast inn shall not be transferred to another location of the same or different ownership. (3) Application required upon transfer. If the property owner changes during the annual period for which the vacation home or bed and breakfast inn has been licensed, and the license is eligible for transfer as described in paragraph (1) above, a new property owner of record must file an application to transfer the license into their name within thirty (30) days of transfer of ownership, and must ensure the vacation home or bed and breakfast inn is in compliance with all other Town regulations. Properly filing a complete application within such time shall automatically extend the license, under the new ownership, until such time that the Town acts on the transfer application. a. Transfer fee. An application to transfer a license must include a transfer fee payment equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee if that has already been paid for the home for the calendar year b. The Town Clerk issues transfer registration packets substantially the same as described in subsection (a)(4) above, which must be completed within the same deadline or the application shall similarly lapse. Any reapplication for transfer allowed by this Section would be subject to the same reapplication fee. (4) Notification of change in local representative. If the local representative changes during the calendar year, the property owner must notify the Town Clerk within fifteen (15) days of change, and must ensure the new local representative is knowledgeable of all applicable regulations for the vacation home or bed and breakfast inn. (d) Renewal. . . . (3) A business license for a vacation home or bed and breakfast inn must be renewed on an annual basis. A business license does not convey a right to continue operation as a vacation home or bed and breakfast inn in future years. When the term of an annual license expires, and the license has not been properly renewed, the license shall be considered automatically to have expired and terminated without any further action necessary by the Town. All provisions under this Section, including those describing priority for renewal, transferability of registrationslicenses, continuity of operations, and the residential cap, are subject to any future changes in state or local regulations. (e) Operating requirements. (1) General requirements apply. Vacation homes and bed and breakfast inns must comply with all other applicable Town regulations, including those found in the Estes Park Development Code and building codes and regulations adopted under Title 14 of this Code. (2) Postings. a. Vacation homes and bed and breakfast inns in all zoning districts shall have a clearly legible notice posted on-site. The posted notice shall be provided by the Town at the time the business license is initially approvedregistration packet is issued, shall be posted in a prominent location inside the vacation home or bed and breakfast inn prior to or during the initial compliance inspection, and shall remain posted in the same location for the duration of its use as a vacation home or bed and breakfast inn. The posted notice shall include standard contents as determined and approved by the Town Clerk. . . . (f) Enforcement. (1) Violation. It is a violation of this Section for any owner, representative, guest or occupant of a vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a violation of Ssection 9.08.010 (disturbing the peace) of this Code, which violation occurs on the premises of the vacation home; 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 fail to comply with any provision of this Section; or to fail to acquire and pay for a business license. The owner and the local representative of a vacation home shall be in violation of this Section if any guest or occupant of the vacation home violates any provision of this Code, including but not limited to section 9.08.010 (disturbing the peace), the Estes Park Development Code, or any other applicable law, regulation, rule, or order issued by a competent governmental authority, or causes a nuisance as described in Title 8 of this Code, on the premises of the vacation home. The owner and the local representative of a vacation home or bed and breakfast inn shall be in violation of this Section if the vacation home or bed and breakfast inn does not fully and strictly comply with the provisions of this Section, including provisions which this Section references or notes that the vacation home or bed and breakfast inn is subject to. A violation under Section 5.20.070 pertaining to a vacation home or a bed and breakfast inn shall also be considered a violation of this Section and may be enforced as such. These are all strict liability offenses. (2) Remedies cumulative. Any action under this Section to enforce requirements for a vacation home or bed and breakfast inn may be in addition to any other enforcement action(s) permitted under this Section or under other federal, state or local laws, codes, or regulations. (3) Property owners and local representatives shall be jointly and severally liable for all violations under this Chapter attributable to either. Remedies for a violation may also be sought against both a property owner and a local representative, cumulatively, where both are in violation of this Chapter. (4) Where any violation is a continuing offense, each day that the violation continues shall be considered and held to be a separate and distinct offense. (5) Fines. a. Any person who shall be convicted of their initial violation of this Section shall be fined two hundred fifty dollars ($250.00). b. Any person who shall be convicted of their second violation of this Section occurring within two years of the initial violation shall be fined five hundred dollars ($500.00). c. Any person who shall be convicted of their third violation of this Section occurring within two years of the second violation shall be fined one thousand dollars ($1,000.00). d. Any person who shall be convicted of their fourth or subsequent violation of this Section occurring within two years of most recent prior violation shall be fined the maximum amount permissible under Chapter 1.20. e. Any person operating a vacation home or bed and breakfast inn without the applicable license, in violation of section 5.20.070, shall be fined the maximum amount permissible under Chapter 1.20. (6) Suspension and revocation. The Town may suspend or 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 may give written notice to the owner or representative that a violation has occurred and warn of potential future suspension and revocation. The Town Clerk may delegate this authority to other Town staff, including a code enforcement officer. 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 a notice of violation and warning as set forth in subparagraph (6)a. above, the Town Clerk may issue a notice of suspension of the business license by giving written notice, by ordinary U.S. mail, to the owner or representative of the suspension of the license. The notice of suspension is appealable as described in paragraph (f)(7), below. If the notice is not appealed within the time afforded, or if the notice is upheld on appeal, the license shall thereby be suspended. Said suspension shall be for one (1) year from the date the suspension becomes final. The property may not be operated as a vacation home or bed and breakfast inn during the period of the suspension. The Town Clerk shall record the suspension with the county clerk and recorder. c. If a business license is suspended as described in subparagraph (6)b., then, upon the receipt and verification of any further violation of this Section either during the period of suspension or within two (2) years after reinstatement, the Town Clerk may issue a notice of revocation of the business license by giving written notice, by ordinary U.S. mail, to the owner or representative of the revocation of the license. The notice of revocation is appealable as described in paragraph (f)(7), below. If the notice is not appealed within the time afforded, or if the notice is upheld on appeal, the license shall thereby be revoked. Upon revocation of the license, the owner's right and privilege to conduct the business, profession, occupation or accommodation within the Town is terminated. No person may apply for a license for a vacation home or a bed and breakfast inn on the property subject to the revocation for a period of two (2) years from the date the revocation is made final. After such time, a new application may be made if this Section allows. The Town Clerk shall record the revocation with the county clerk and recorder. . . .