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HomeMy WebLinkAbout1073 Amending Title 5 Pertaining to Business Licenses 01-21-2026ORDINANCE NO. 1073 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING TITLE,5 OF THE FIRESTONE MUNICIPAL CODE, PERTAINING TO BUSINESS LICENSES, GENERALLY, AND BUSINESS LICENSES FOR AUCTIONS AND AUCTIONEERS, GAMES, PAWNSHOPS, REFUSE HAULERS, ANIMAL INDUSTRIES, AND SEXUALLY ORIENTED BUSINESSES WHEREAS, the Town of Firestone ("Town") staff has determined that all or part of the current regulations provided in Chapters 5.04,5.16,5.28, 5.32, 5.36, 5.44, and 5.46 of the Firestone Municipal Code ("Code") are outdated, inconsistent with best practices, and/or not fully aligned with the Town's present administrative procedures, and therefore require revision to improve administration; and WHEREAS, in practice, the Town has not issued business licenses for some of these types of businesses since these regulations were adopted; and WHEREAS, the Town Board of Trustees ("Board") find and determines that some of these provisions are obsolete; and WHEREAS, the Town Board seeks to amend Title 5 of the Code to achieve these improvements and believes the amendments will enhance both the clarity and administration of the business license regulations and their underlying objectives; and WHEREAS, the Town Board finds and declares that this ordinance promotes the public health, safety, and welfare of the community, including its citizens and residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 5.04, "Business Licenses Generally" of Title 5 of the Firestone Municipal Code shall be repealed in its entirety and re-enacted to read in full as follows: Chapter 5.04 Business Licenses Generally Sec. 5.04.010 Purpose. The purpose of this chapter is to require the licensing of all businesses within the Town or any other location within the Town's jurisdiction and to provide the Town with necessary information concerning the businesses including but not limited to the nature of the business, the number of employees, place of business and emergency contacts, in order to protect the health, welfare, and safety of the Town's inhabitants. Sec. 5.04.020 License subject to regulation. Any person or business receiving a license pursuant to this chapter shall be subject to all ordinances and regulations which may be in force at the time of the issuance thereof or which may be subsequently made by the Board of Trustees. Sec. 5.04.030 Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings: "Business" means and includes all kinds of vocations, occupations, home occupations, professions, enterprises, and establishments, any of which are conducted on any premises or are otherwise carried on within the Town or anywhere else within its jurisdiction. "Licensee" means the holder of a business license. "Code" means the Firestone Municipal Code. "Days" means business days. "Finance Department" means the Finance Department or their designee. "Premises" means and includes all land, structures, and places, and the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or otherwise used in connection with any such business conducted on the premises. Sec. 5.04.040 Business license required. It shall be unlawful for any person to conduct business in the Town without first having received a business license from the Town. Sec. 5.04.050 Business license application. A. An application for a business license shall be submitted to the Finance Department on forms provided by the Department. The application shall be accompanied by a non-refundable application fee established by resolution of the Board of Trustees. Any license issued after October 1 shall remain valid through December 31 of the next calendar year. Businesses with a state standard retail license who either do not have a physical presence or only an incidental presence in the Town as set forth in C.R.S. 39-26-802.9 are to be granted a license and are exempt from the annual fee. B. A separate application shall be required for each individual business location unless the places of business are contiguous to each other, communicate directly with each other, and are operated as one unit C. Each business license shall expire on December 31 of the year in which it is issued unless it is issued after October 1, in which case any such license shall remain valid through December 31 of the next calendar year. Any renewal application shall be filed prior to December I to ensure that the renewal is processed prior to expiration of the current business license D. Every licensed business shall provide written notification to the Finance Department of any changes to the following: business name, ownership structure, location, tax identification number, or nature of the business. Notification shall occur within thirty days of any such change. Sec. 5.04.060 Investigation and issuance. A. Upon receipt of the application containing the information set forth in the preceding Section, payment of the annual license fee except, for those exempt under C.R.S. § 39-26-802.9 and compliance with all other provisions of this chapter, and approval by the Finance Department the applicant shall be issued a business license. B. Upon receipt of the application, where any provision of the Code necessitates an inspection, investigation, license, permit, or regulatory review and approval the Finance Department shall refer the application to the appropriate Town personnel. The business license required by this chapter shall be in addition to any other license or permit required by the Code or federal or state law, and the issuance of a business license does not permit any conduct that is prohibited or that does not fully comply with the requirements of the Code. By way of example and not limitation, a business license does not permit: The conduct of any business if the premises to be used for the business and the proposed conduct of such business do not fully comply with the requirements of the Code. 2. The conduct of any business or performance of any act that would constitute a violation of the Firestone Development Code, or any other provision of the Code. 3. The conduct of any business that violates any existing state or federal statutes or Town ordinance. Sec. 5.04.070 License denial. A. The Finance Department may deny an application upon a determination that: 1. The applicant has failed to supply all of the required information or the application contains false, or fraudulent statements; 2. The conduct of any activity connected to the business for which a license is requested would violate any provision of the Code or any federal, state, county or Town law, rule, regulation, or technical code; 3. The applicant unless exempt as set forth herein has failed to pay the required license fee; 4. Prior or ongoing violations in or about the premises that could endanger the public health, safety or welfare or any activity that would be grounds for suspension or revocation of a license. B. If the Finance Department denies an application under this section, the Finance Department shall notify the applicant in writing stating the specific grounds for the denial. The applicant may thereafter appeal the denial of the application to the Town Manager. An appeal to the Town Manager must be made in writing within ten days of issuance of the denial and the Town Manager shall hold a hearing as set forth herein in Section 5.04.110. Sec. 5.04.080 Business license contents. Each license issued pursuant to this chapter shall show upon its face the Town of Firestone Logo, a street address where any business is to be carried on, the type of business, license number, issuance date, license expiration date and name and contact information of the licensee. Sec. 5.04.090 Business license register. The Finance Department shall keep a register containing the information from the license application, the date of the licenses' issuance or denial, the purpose and location for which the license is granted, the amount paid therefor and the time the expiration date of such license. Sec. 5.04.100 Posting of business license. A. A separate license must be obtained, and a separate license fee must be paid for each branch, establishment, or separate place of business in which a business operates. B. Every license shall be posted conspicuously, in public view, at each such address during the period such license is valid. It shall be the duty of each and every person to whom the Town has issued a license to exhibit the same upon the request of any law enforcement officer, inspector, or other officer of the Town. Sec. 5.04.110 Assignment or transfer. No license may be assigned from one person to another or transferred from one place to another, except where permitted by state law or provisions of the Code relating to the particular license, and then only as approved by the Finance Department after written application therefor and the payment of a transfer fee in an amount as established by resolution the Board of Trustees. Sec 5.04.120 License suspension or revocation. A. In addition to any other provisions of the Code, the Finance Department may suspend, or revoke a license issued under this chapter if: 1. The licensee has failed to pay any required fees or is delinquent to the Town for payment of any taxes, fines, penalties assessed or imposed upon the licensee. 2. The licensee or their employee or agent conducts any activity connected with the business in violation of any provision of the Code or any federal, state or local law, rule, regulation or requirement including any applicable building, fire, health or safety code. 3. The licensee obtained the license by fraud or misrepresentation. 4. The licensee has refused to allow any authorized inspection of the premises. 5. Any fact or condition exists, which if had been known at the time of application or any renewal would have been grounds to deny or not renew such license. 6. The licensee or any officer, agent or employee of the licensee has committed a criminal offense under federal, state or local law pertaining to the operation of the business. B. If the Finance Department finds any of the grounds in Subsection A above or any other ground for suspension or revocation in the Code exist, the Finance Department shall decide whether to revoke the license or suspend it for a set period of time and if applicable set forth conditions by which the license may be reinstated. A licensee may appeal the Finance Departments decision by filing a Notice of Appeal to the Town Manager within ten days of issuance of the Finance Department's decision. C. If the Finance Department determines that probable cause exists for the suspension or revocation as a result of conduct which constitutes a deliberate and willful violation of any applicable law rule or regulation or there exists an undue and or immediate risk to the public health safety or welfare such suspension or revocation shall be effective immediately and remain in place until, if applicable the decision of the Town Manager concerning the licensee's appeal of the suspension or revocation. The Finance Department may include in any suspension orders or conditions with which the licensee shall comply to protect any work in progress and the public health and safety. Any breach of such conditions is an independent ground for suspension or revocation of the license. D. No such suspension or revocation is final until the licensee has been given the opportunity for a hearing before the Town Manager to contest the suspension or revocation. Upon the timely receipt of a request for an appeal the Town Manager shall provide the licensee notice of such hearing in writing to the licensee setting forth the grounds of the suspension or revocation and the time, date, and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the licensee's local address as set forth on the application, at least ten days prior to the date set for the hearing. E. At the hearing the Town Manager shall receive and consider testimony and other evidence presented by the parties and make findings of fact as to whether based upon a preponderance of the evidence presented there exists ground to suspend, revoke or deny the license. If, after a hearing, the suspension, revocation or denial is upheld, the Town Manager may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety, and welfare. F. No person whose license is revoked may receive a refund of any part of the license fee paid for the license. G. No person who has had a license suspended or revoked under this chapter is entitled to obtain the same or any similar license during the appeal period of a suspension or revocation, either in the person's own name or as a principal in another business that applies for a license. H. Nothing in this chapter shall be deemed to prohibit the Town Manager or other authority from imposing other penalties authorized by the Code, including filing a complaint in the Municipal Court for a violation of the Code Sec. 5.04.130 Return of fees. Upon denial of any application for a license, or in the event that any license is suspended or revoked, no refund shall be made to any applicant or Licensee. Sec. 5.04.140 Exempt activities. A. The provisions of this chapter shall not apply to: Any canvassing on behalf of a candidate for elective public office or for proponents of a measure to be placed on the ballot; 1. Activity consisting solely of delivery in the Town where no intent exists or is shown to exist to evade the provisions of this chapter; 2. The selling of newspapers on public streets or in public places in a manner otherwise in compliance with the Code; or 3. Established delivery routes, persons calling by appointment, yard sales, garage sales, events approved by the Town or temporary uses to the extent such contracting activities or temporary uses are licensed pursuant to Titles 15 and 16 of the Code. B. The burden of proving an exemption to this chapter is upon the person claiming such exemption. Determinations regarding the application of an exemption shall be made in writing by the Finance Department. The business subject to such determination may appeal the determination to the Town Manager, whose decision shall be final. Any appeal to the Town Manager shall be made in writing within fifteen days of the Finance Department's determination. Section 2. Chapter 5.16 of the Firestone Municipal Code shall be repealed in its entirety Section 3. Chapter 5.28 of the Firestone Municipal Code shall be repealed in its entirety. Section 4. Chapter 5.32 of the Firestone Municipal Code shall be repealed in its entirety. Section 5. Section 5.36.010, "License required," of the Firestone Municipal Code shall be amended so that it now reads as follows:' No person shall act as a refuse hauler without first applying for and obtaining a license from the town as required by this chapter, and paying the annual license fee and the bond required by this chapter. 1 Deletions to the Section 6. Section 5.36.030, "Application for license; bond," of the Firestone Municipal Code shall be repealed in its entirety and re-enacted to read in full as follows Sec. 5.36.030 Application for license; bond. A. Application for a refuse hauler's license shall be made annually on forms furnished by the town B. The completed application shall be accompanied by payment of an annual license fee and a faithful performance bond in such amounts as established by resolution of the Board of Trustees. The bond shall be conditioned on the performance by the licensee and the licensee's officers, employees and agents of all activities associated with refuse hauling in compliance with the ordinances, resolutions, rules and regulations of the town and in compliance with other applicable laws. The bond shall be in a form approved by the Finance Department. C. In lieu of a bond, the Finance Department may accept a cash deposit in the amount established by resolution of the Board of Trustees. The deposit shall guarantee the performance by the licensee and the licensee's officers, employees and agents of all activities associated with refuse hauling in compliance with the ordinances, resolutions and rules and regulations of the town and in compliance with other applicable laws and, in the event of any failure to so perform, the town clerk may draw against the deposit an amount sufficient to compensate the town or any other person injured by such failure. D. No license fee shall be required to be paid by, and no bond or cash deposit shall be required for, any refuse hauler who provides refuse hauling services under contract to the town, if the contract for such services contains an indemnification provision running in favor of the town, and such provision protects and holds the town harmless from liability for bodily injury or property damage occasioned by the hauler. Section 7. Section 5.36.090, "Regulations," of the Firestone Municipal Code shall be repealed in its entirety. Section 8. Chapter 5.44 of the Firestone Municipal Code shall be repealed in its entirety. Section 9. Section 5.46.070.A of the Firestone Municipal Code is hereby repealed in its entirety and the remaining subsections of Section 5.46.070 shall be renumbered accordingly. Section 10. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts was declared unconstitutional or invalid. Section 11. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 12. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODU'E11 READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE this�6LL a of cJCkK 2026. ATTEST: Jissy Carranco, Deputy Town Cle APPROVED AS TO FORM: M eith Martin, Attorney