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HomeMy WebLinkAboutORDINANCE 28-070 0 ORDINANCE NO.28-07 AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO TO REVISE BUSINESS LICENSING PROCEDURES &REGULATIONS WHEREAS,it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing procedures and regulations;and WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado,has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park,Colorado by the adoption of this Ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:Section 5.20.010 Business license fee,of the Municipal Code should be amended to read as follows: 5.20.010 Business license. (a)Each hu5iness,profession or occupation with;n 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 nonresident business or community special event 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 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,shall obtain and maintain a business license for the management business separate from the business license of the owner of the individual accommodation unit. Section 2:Section 5.20.040 Business license required.of the Municipal Code shall be amended to read as follows: 5.20.040 Business license requirements. Every person who is the owner of any business,profession,occupation,or accommodation unit or community special event vendor,including owners of multiple businesses at separate physical locations,shall obtain a business license from the Town as follows: 0 0 (a)A business license shall be obtained prior to engaging in any business, profession,occupation,accommodation or special event within the Town. (b)The owner shall complete all forms and provide all information required by the Town Clerk for obtaining a business license. (c)The owner,if required,shall complete an Affidavit of Lawful Presence and present valid identification required by Section 24-76.5101 et seq C.R.S.or any regulation of the State of Colorado promulgated thereto. (d)The owner shall complete and/or provide all documentation and information required by the State of Colorado and/or the United States for issuance of a business license. Section 3:Section 5.20.060 (b)Subsections (1),(3),and (4)of the Municipal Code shall be amended and added to read as follows: 5.20.060 Payment of license fee. (1)Full payment is required on orbefore March 3vtof each calendaryear. (3)In the event any existing business license is not renewed in the subsequent calendar year on or before March 3?t,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 an NSF check is received,a twenty dollar ($20)fee will be added to the account. Section 4:Section 5.20.070 Violation,of the Municipal Code shall be amended to read as follows: 5.20.070 Violation. It shall be a violation of this Chapter for an owner of a business,profession, occupation,accommodation or community special event vendor 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. Section 5:Section 5.20.080 Revocation of license,of the Municipal Code shall be amended to read as follows: 2 0 p 5.20.080 Revocation of license. The Town shall give written notice to the owner of any business,profession,occupation, accommodation or community special event vendor 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 prMlege to conduct the business,profession,occupation,accommodation or participate in community special events within the Town is terminated. Section 6:Add new Section 5.20.080.5 Termination of Right to Conduct Business,of the Municipal Code as follows: 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 participate in a community special event within the Town is terminated.Following termination,the Town may seek injunctive relief in the District Court of Larimer County,Colorado to enjoin the owner of any business,profession, occupation,accommodation,or community special event vendor within the Town from conducting said business,profession,occupation,accommodation or participate in a community special event within the Town. Section 7:This Ordinance shall take effect and be in force thirty (30)days after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS a’”DAY OF NnoEt&-R 2007. TOWN OF ESTES PARK,COLORADO By:__________6fvl ayor ‘ATTEST: :o p •wn Clerk 3 0 I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the ,Th-day of ______________________, 2007,and published in a newspaper of general publication in the Town of Estes Park,Colorado on the 3o day of Nooes&,2007. Jwn Clerk 4