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HomeMy WebLinkAboutordinance.council.025-70RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 25 (Series of 1970) AN ORDINANCE PROVIDING FOR A LICENSE FOR THE BUSINESS, PROFESSION, VOCATION OR OCCUPATION OF ASPEN; PROVIDING FOR EXEMPTIONS FROM SUCH PROVIDING PENALTIES FOR VIOLATION THEREOF. ENGAGING IN ANY WITHIN THE CITY LICENSE; AND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: This Ordinance shall be known as the "business license ordinance" of the City of Aspen and may be cited as such. Section 2: The purpose of this Ordinance shall be to require the licensing and regulation of business activities and enterprises conducted within the City of Aspen and provide the City of Aspen with necessary information con- cerning the business activities within the City, the nature of the business operation, number of employees, place of business and such other information relating to businesses and profess- ions operating within the City in order to protect the health, welfare, and safety of its inhabitants. Section 3: For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Business" is meant to include all kinds of vocations, occupations, pro- fessions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this City, or anywhere else within its jurisdiction. (2) "Casual Sale" is an individual, single or incidental transaction which in itself does not constitute the carry- ing on of business. (3) "City" is the City of Aspen. (4) "City Council" is the City Council of the City of Aspen. (5) "City License Officer" or "License Officer" is the Director of Finance of RECORD OF PROCEEDINGS 100 Le=ves the City of Aspen. (6) "Insignia," or its singular number "insigne" is any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license. (7) "License" or licensee," as used generally herein, shall include respec- tively the words "permit," or "permittee," or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this Ordinance or other law or Ordinance. (8) "Person" is meant to include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal repre- sentatives of any other person, under either personal appointment or pursuant to law. (9) "Premises" is meant to include all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business con- ducted on such premises. Section 4: It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for him- self or for any other person, or for anybody, corporation, or otherwise to commence or carry on any kind of lawful business, profession, vocation or occupation in the City, without first having procured a license from said City so to do, or without complying with any and all regulations of such business, pro- fession, vocation or occupation, contained in this Ordinance. Section 5: The carrying on of any business, pro- fession, vocation or occupation as aforesaid, without first having procured a license from said City so to do, or without complying with any and all regulations of such business, profession, vocation or occupation contained in this Ordinance shall be deemed a separate violation of this Ordinance for each and every day that such business, profession, vocation or occupation is carried on. Section 6: A separate license must be obtained for each branch, establishment or separate place of business in which the business is carried on without payment of add- itional fee. RECORD OF PROCEEDINGS 100 Leaves Section 7: The provisions of this Ordinance shall not be deemed or construed to require the procurement of a license to conduct, manage, or carry on, any business, occup- ation or activity, or require the payment of any license from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, municipal or public purposes from which profit is not derived, either direct- ly or indirectly, by any individual, firm or corporation; nor shall any license be required for the conducting of any enter- tainment, dance, concert, exhibition, or lecture on scientific, historical, literary, religious or moral subjects, whenever the entire receipts from the same are to be appropriated to or said projects are conducted under the auspices of any church, or school, or any religious, non-profit or benevolent organization; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture, whenever the receipts from the same are to be appropriated for the pur- poses and objects for which such association or organization was formed and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; nor shall a license be required of any person for any mere delivery in the City of Aspen where no intent by such person is shown to exist to evade the provisions of this Ordinance; and no newsboy sell- ing magazines or newspapers on the public streets or in public places shall be required to obtain a license; nor shall a liqense be required for a casual sale, as defined herein. Section 8: (A) The City License Officer shall collect all license fees and shall issue licenses in the name of the City to all persons qualified under the provisions of this Ordinance and shall: (1) Promulgate and enforce all reason- able rules and regulations necessary to the operation and enforcement of this Ordinance. (2) Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers. (3) Require applicants to submit all affidavits and oaths necessary to administration of this Ordinance. (4) Submit all applications, in a pro- per case, to interested City Officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing. (5) Investigate and determine the eligibility of any applicant for a license as prescribed herein. RECORD OF PROCEEDINGS 100 Leaves (6) Notify any applicant of the accept- ance or rejection of his application and shall, upon his refusal of any license or permit, at the applicant's request, state in writing the reasons therefore and deliver them to the applicant. (B) The License Officer shall keep all information furnished or secured under the authority of this Ordinance in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the con- tents thereof shall not become known except to the persons charg- ed with the administration of this Ordinance. Section 9: Every person required to procure a license under the provisions of any Ordinance or law of the City shall submit an application for such license to the City License Officer. The application shall: (1) Be a ~ritten statement upon such forms provided by the City License Officer; such form shall include an affidavit signed by the applicant stating the name of the applicant, name of the business, owner or owners of the business, address of the business, number of employees and nature of the business. (2) Require the disclosure of all additional information necessary to com- pliance with this Ordinance and of any other information which the City License Officer shall find to be reasonably necessary to the fair administration of this Ordinance. (3) Be accompanied by the full amount of the fee chargeable for such license. Section 10: Any person, firm or corporation violating any provision of this Ordinance shall upon conviction be fined in any amount not to exceed Three Hundred ($300.00) Dollars and each day that any such person, firm or corporation shall operate or carry on any business, profession, vocation or occupation without a license shall be deemed a separate offense and punish- able as such. Section 11: Every licensee under this Ordinance shall: (1) Ascertain and at all times comply with all laws and regulations applicable to such licensed business. (2) Avoid all illegal or unlawful practices or conditions which do or may affect the public health, safety, morals or welfare. (3) Refrain from operating the licensed RECORD OF PROCEEDINGS 100 Leaves businesses on premises after expiration of his license and during the period his license is revoked or suspended. Section l2; The engaging in any business, profession vocation or occupation within the City of Aspen is hereby required to be licensed, except as provided in Section 7, and the license fee shall be the sum of Twenty-Five ($25.00) Dollars annually, which license fee shall be paid to the Director of Finance for the City of Aspen on or before February 1, of each and every year. The license required by this section on each business, profession, vocation or occupation is for the privilege of pursuing said business, profession, vocation or occupation until the next succeeding December 31, at the end of the calendar year. Any person, firm or corporation licensed or franchised under other ordinances of the City of Aspen or statutes of the State of Colorado shall be credited for the amount of any such fees paid thereunder against the fee provided in Section 4 hereof, and if such fee does not exceed Twenty-Five ($25.00) Dollars, such person shall pay to the Director of Finance the difference between the fee paid under such other ordinances and Twenty-Five ($25.00) Dollars. If the license fee paid under such other ordinances shall equal or exceed Twenty-Five ($25.00) Dollars, then no license fee shall be charged by the Director of Finance under this Ordinance. Section 13: The amount of any license fee imposed by this Ordinance shall be deemed a debt to the City, and any person carrying on any lawful business in said City, without having a license from said City so to do, shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of license fee by this Ordinance imposed on such business. The conviction and punishment of any per- son for transacting any business without a license, shall not excuse or exempt such person from the payment of such license tax due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this Ordinance. Section 14: If any court of competent jurisdiction should ever determine that any part of this Ordinance is invalid or unenforceable, such determination shall not affect the remain- ing parts hereof, the intention being to make the provision here- in severable. Section 15: A public hearing on the Ordinance shall be held at ~~ ~ at ~o P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by RECORD OF PROCEEDINGS 100 LEAVES law by the City Council of the City of Aspen, Colorado om the day of ~.~/~ , 1970. ATTEST: City Clerk FINALLY adopted, passed and approved on the , 1970. ATTEST: City Clerk day of STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, do hereby certify that the introduced, read by title, reading at a__ regular the City of Aspen on December Colorado, above and foregoing ordinance was and passed on first meeting of the City Council of 14 , 197_0_, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue December 17 , 197 0 , and was finally adopted approved at a__ regular on December 28 , 197 0 , Ordinance No. 25 , Series of 197 provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 29th day of December , 197 0 and meeting of the City Council and ordered published as 0 , of said City, as SEAL ~raine Graves, City Clerk