HomeMy WebLinkAboutordinance.council.008-67 ORDINANCE NO. 8
(Series of 1967)
100 Leaves
AN ORDINANCE PROVIDING FOR LICENSING OF BUSINESSES ENGAGED
IN RE~IL SALES IN THE CITY OF ASPEN AND DECLARING AN EMER-
GENCY TO EXIST.
BE IT ORDAINED by the City Council of/e City of
Aspen, Colorado: /
Section 1: Th~ C~ty Council of~_e CitY of Aspen'
hereby finds, determines a?d decla~ .~a~ there is a
need to regulate the practices of/retai~ businesses loca-
ted wmthin the City of Aspen,~f~r the re~son that the sale
of oods to tourists and visi&~rs to the ~ity of/spen is
an important factor affecting he e~onomy of City, and
in the act the practices of ~e retail b~%nesses within
the City have b~e~ri~ental t~ the w~are of residents
and v~smtors ~o the C~t~
Section, 2: ~D~IN
(A) ~erson shall~include .a~y individual, partner-
ship,~assoc'iatio~, organi,.z~tion or coporation.
(B) ~aging i~Busine~: The opening of a place
of bu~lness and/offeri,~ 'to sell, followed by.a
single, sale or/the doi/ng of any act or thing zn the
furthe~ce~ the b~siness, shall be construed to
be engagl~TgWin busiFess-
Section 3: The engaging in any business within the
City of Aspen involving the sale of goods at retail to the
public is hereby declared to be a privilege, and the li-
cense fee on such privilege shall be the sum of $25.00,
which license fee shall be paid to the City Clerk of the
City of Aspen on or before May let, 1967, for such busi-
nesses which are presently in operation within the City;
and which license fee shall become payable upon the commenc-
ment of operation of any new business within the City.
Section 4: Upon payment of the license fee speci-
RECORD OF PROCEEDINGS
100 Leaves
fied above, the City Clerk shall issue a retail sales
license to any person making application therefor.
Section 5: This ordinance shall not apply to the
sale of malt, vinous, and spirituous liquor, fermented
malt beverages, or to the operation of any business
exempt by federal or state law.
Section 6: Every person doing business in more
than one store, stand or other place of business, shall
obtain a separate license for each place of business, un-
less such businesses are contiguous to each other, communi-
cate directly with and open into each other, and are oper-
ated as a unit. A business may be transferred from one
location to another without obtaining an additional license.
Section 7: It shall be unlawful for any person to
engage in or continue in a business involving the sale of
goods at retail within the city of Aspen without first
having procured a license therefor.
Section 8: All persons engaging in the retail sale
of goods within the city of Aspen shall conduct their
operations in a matter conducive to the general welfare
of the community, and according to generally accepted, good
business practices.
Section 9: The City Council of the City of Aspen
shall have the power to revoke or suspend the license of
any person licensed hereunder, for a period of up to one
year, upon a finding that said licensee has been guilty of
fradule~t business practices, consisting of the following:
(A) Repeated failure to meet contractual obliga-
tions pertaining to the sale of goods to customers.
(B) Engaging in one or more business transactions
which constitute a violation of the Criminal Stat-
utes of the State of Colorado.
RECORD OF PROCEEDINGS
100 Leaves
WHEREAS,
Section 10: / A written complaint shall be filed with
the City Council of the City of Aspen charging that any li-
censee has been guilty of fradulant business practices, as
defined above, the City Council shall determine by investi-
gation the probable truth of such charges. If it shall
appear from such investigation that said licensee has been
guilty of fradulent business practices, the City Council
shall cause to be served upon such licensee a notice of
hearing and order to show cause why his license should not
be suspended or revoked. A hearing shall be held at a place
and time designated by the City Council, and evidence in
support of the charges shall be given, and the licensee
allowed to give evidence in defense, explanation, or miti-
gation of such charges.
Section 11: If any Court of competent jursidiction
should ever determine that any part of this ordinance is in-
valid or unenforceable, such determination shall not affect
the remaining parts thereof, the intention being to make
the provisions herein severable.
Section 12: Because of the matters and things here-
in above set forth, the City Council of the city of Aspen,
Colorado hereby finds, determines and declares that an emer-
gency exists, and that this ordinance is necessary for the
immediate preservation of the public peace, health and safety.
INTRODUCED, READ, AND ORDERED PUBLISHED THIS DAY
OF , 1967.
Mayor
ATTEST:
City Clerk
FINALLY ADOPTED AND APPROVED THIS
, 1967.
DAY OF
ATTEST:
Mayor
City Clerk