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HomeMy WebLinkAboutordinance.council.020-69RECORD OF PROCEEDINGS !00 L~VI~ ORDINANCE NO. p_co (Series of 1969) AN ORDINANCE AMENDING CHAPTER 2, TITLE V OF THE OFFICIAL CODE OF THE CITY OF ASPEN RELATING TO OPERATION OF BUSINESSES (STREET VENDORS) ON PUBLIC PROPERTY INCLUDING STREETS, ALLEYS AND PARKS. WHEREAS, the City Council of the City of Aspen deems it necessary to prohibit the obstruction of public ways and thoroughfares and to facilitate the movement in travel of the public; and, WHEREAS, the City Council of the City of Aspen wishes to protect the health, safety and welfare of the community by providing certain standards for street vendors. NOW, THEREFORE, BE IT ORDAINE~ by the City Council of the City of Aspen, Colorado: Section 1: Chapter 2, of Tit~e V/~the Official Code of the City of Aspen is hereby amendedlt~read as follows: "5-2-1: LI~NSE REQUIRED. N~ person shall be permitted to use Er occupy an~ part of the s~ts, alleys, parks or any public prppertM'of the City/f~ the purpose of ~arrying.on or t~ansac~ing,gny ~siness th~eo~, witgout first havzng obtazned a lzcense~to-~oX~o. Transacting of buszness wzth- in the meaning of th~s'sec~i6n sha~l i~c!ude the c~ying o[ vending of wares or(.merchandzse; the distrzbut~loh of handb~lls, l~terature or placards Of any kind; advertising.~y placards, animals, machines, displays and similar devices; the ~%icitation of orders, appoint- ments or sittings, and any and a~{ steps preliminary to solicita- tion of orders; the sale of merchandise, periodicals, printed m~tters, photographs, goods ~ wares; and, the playing or opera- tzng of any phono~raphs,~ r~dio alarm, horn or similar device." Sec~'~n 2: ~a~pter 2 of Title V of the Official Code of the City of Aspen zs hereby amended to read as follows: "5-2-2: APPLICATION. Any person desiring a street vendor's license shall make a sworn applica- tion, in writing, which shall be furnished to the City Council, giving the following information: (a) Name and description of the applicant; (b) The permanent home address and full local address of the applicant; (c) A brief description of nature of the business and goods shown for sale or for future delivery; the -1- RECORD OF PROCEEDINGS LEAVES (d) If employed, the name, ad- dress and phone number of the employer together with credentials establishing the exact relationship between the employer and employee; (e) The length of time for which the right to do business is desired; (f) Two identical photo- graphs of the applicant which reasonably identify the applicant; such photographs to measure two inches by two inches; (g) The fingerprints of the applicant; (h) A statement taken by the City Clerk or Chief of Police as to whether or not the applicant has ever been convicted of any crime or misdemeanor, and if the applicant has been so convicted, a statement as to the nature of the offense and conviction; (i) A written statement of a reputable physician of this State dated not more than five (5) days prior to the filing of the application, certifying the applicant to be free of contagious, infectious or comn~nicable diseases. At the time of the filing of the application, a fee of ten ($10.00) dollars shall be paid to the ~ity Clerk to cover the cost of investigating the facts stated herein." Section 3: Chapter 2 of Title V of the Official Code of the City of Aspen is hereby amended to read as follows: "5-2-3: FEE: The fee for a street vendor's license shall be fixed by the City Council in each case and shall be commensurate with the extent and duration of the con- templated use and the number of persons involved in such use." Section 4: Chapter 2 of Title V of the Official Code of the City of Aspen is hereby amended to read as follows: "5-2-4: ISSUANCE;REVOCATION. A street vendor's license shall be granted, unless the City Council shall find and determine that the use is detrimental to the public peace, health or safety, or is inconsistent with the purposes of travel upon the streets. Upon payment of the license fee fixed by the City Council, a street vendor's license shall be issued to the applicant. Any such license may be revoked for any of the follow- ing causes: (a) Fraud, misrepresentation, or false statement contained in the application of the license; (b) Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or as peddler; -2- RECORD OF PROCEEDINGS [00 LEAVES (c) Any violation of this Code; (d) Conviction of any crime or misdemeanor involving moral turpitude; or (e) Conducting the business of soliciting or of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. Notice of the hearing for re- vocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his local address as set forth on the application, at least five (5) days prior to the date set for the hearing." Section 5: Chapter 2 oJ Title V of the Official Code of the City of Aspen is hereby amended to read as follows: "5-2-5: RESTRICTIONS UPON LICENSEE;BOND. The City Council may impose such restrictions as it shall deem proper to safeguard the public welfare and may require a surety bond of any applicant for a street vendor's license, conditioned upon his faithful observance of this Code and other ordinances of the City, the regulations of the Police and health departments and the release of any order or refund of any money secured through misrepresentation or misunderstanding." Section 6: Chapter 2 of Title V of the Official Code of the City of Aspen is hereby amended to read as follows: "5-2-6: EXPIRATION OF LICENSE. Ail licenses issued under the provisions of this section shall expire on the thirty-first day of December next when the same was issued." INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at the City of Aspen on the day of , 1969. ATTEST: MAYOR CITY CLERK FINALLY passed, adopted and approved on the day of , 1969. ATTEST: MAYOR CITY CLERK