HomeMy WebLinkAboutordinance.council.007-76RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1976)
AN ORDINANCE AMENDING SECTIONS 12-36 AND 12-11 OF THE ASPEN
MUNICIPAL CODE SUCH AS TO REQUIRE BUSINESS LICENSEES TO REFRAIN
FROM ENGAGING IN UNFAIR TRADE PRACTICES; AND FURTHER PROVIDING
THAT IN THE EVENT THERE IS CAUSE TO BELIEVE THAT CITY LICENSES
SHALL NOT ISSUE OR BE REVOKED, THAT THE FINANCE COMMITTEE MAKE
SUCH DETERMINATION ONLY AFTER CONDUCTING AN APPROPRIATE HEARING
ON THE MATTER
WHEREAS, the City Council has determined that the City's
licensing procedures should incorporate a prohibition against en-
gaging in unfair trade practices, and further that the Municipal
Code should establish procedures for review of license denials
and revocations,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding subsection (4) to Section 12-36, which
said subsection reads as follows:
(4) Refrain from engaging in any deceptive
trade practices as such are defined in the
Colorado Consumer Protection Act, C.R.S.
1973, Section 6-1-101 et seq., or any other
type of unfair trade practice actionable at
common law or under the statutes of this
state or ordinances of this city.
Section 2
That Section 12-11 of the Municipal Code of the City
of Aspen, Colorado, is hereby amended to read as follows:
Section 12-11 Denial and Revocation
Whenever the City Attorney has cause to believe
that any license holder is engaging or has en-
gaged in any activity such as to preclude the
issuance of any license applied for, or to
warrant revocation of any license presently
held, he shall present clear and convincing
evidence of the same to the Finance Committee
which shall determine if such action shall be
taken. The applicant or licensee affected shall
be given adequate notice of any such hearing,
RECORD OF PROCEEDINGS
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Section 3
and be given full opportunity to be heard.
Such hearings shall be conducted as quasi-
judicial hearings and in conformance with
all procedural requirements of law.
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalid-
ity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provisions
or applications, and to this end the provisions or applications of
this ordinance are declared to be severable.
Section 4
A public hearing on this ordinance shall be held on
the~ day of~Z~.~_~ , 1976, at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, at its regular
meeting held ~-~_~ f, 1976.~ f~
FINALLY ADOPTED AND APPROV~z~/E~ ON ~'- .~L~ ~_~
ATTEST. S~AC~STANDLEY, III, ~YOR
KATHRYN S~HAUTER, CITY CLERK /
, 1976.
RECORD OF-PROCEEDINGS
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss. CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
~ reading at a regular meeting of the
City Council of the City of Aspen on ~-~~-
197 .., and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~~/~ /~ , 1976,
and was finally adopted and approved at a regular meeting
of the City Council on ~4~ c~ , 197_~,
and ordered published as Ordinance No. __~__, Series of
197~, of said City, as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand
and the seal of said City of Aspen, Colorado, this ~F,/
day of ~ , 197~.
City Clerk