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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 142, 2006, AMENDIN ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Second Reading of Ordinance No. 142, 2006,Amending Chapter 15,Article XI of the Code of the City of Fort Collins Pertaining to Secondhand Dealers and Flea Markets. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance was unanimously adopted on First Reading on September 5, 2006. It changes the licensing requirements for secondhand dealers/flea markets so that the owner of the flea market is the licensed secondhand dealer rather than the individual booth operators and specifies record keeping requirements for flea market operators so as not to put an undue burden on individual booth operators,while still addressing and satisfying the intent of the record requirements of identification of stolen property. Minor changes were made between First and Second Readings in order for the City and Police Services to have records of all vendors during the permit period,rather than just those renting at the time of application. This will enable greater accountability and ease in enforcement should a question arise regarding a certain item of property. ORDINANCE NO, 142, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 , ARTICLE XI OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SECONDHAND DEALERS AND FLEA MARKETS WHEREAS , the City Council has, this same date, adopted an ordinance annexing the Southwest Enclave ; and WHEREAS , the businesses situated within the Southwest Enclave include several large flea markets and second hand dealers ; and WHEREAS , Chapter 15 , Article XI of the City Code contains various provisions regulating the operation of secondhand dealers in the City in the interest of the public health, safety and welfare; and WHEREAS , such regulations include a requirement that all secondhand dealers be licensed with the City; and WHEREAS , the City Code does not currently contain specific provisions for secondhand dealers operating out of flea markets ; and WHEREAS , a definition of what constitutes a flea market subject to licensing and reporting obligations would aid in the enforcement of the ordinances pertaining to dealing in secondhand property; and WHEREAS , due to the nature of flea markets and the relatively low number of qualifying secondhand property that passes through such markets, licensing the operator of the flea market, rather than each individual vendor, would be less burdensome that the current licensing requirement and would still accomplish the purpose for which the secondhand dealer regulations were enacted; and WHEREAS , requiring each individual vendor to provide identifying information to the operator would further aid in ensuring compliance with state and local regulation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 15 -316 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition "Flea market" which reads in its entirety as follows : Flea market shall mean a temporary or permanent market place, indoor or outdoors, wherein a booth or other space is provided by an owner or operator for a fee or compensation, to a vendor to exhibit and offer secondhand goods for sale or trade to the general public . Section 2 . That the definition "Secondhand dealer" contained in Section 15 -316 of the Code of the City of Fort Collins is hereby amended to read as follows : Secondhand dealer shall mean any person who accepts on consignment, sells or trades any secondhand property and any owner or operator of a flea market; provided, however, that this definition and the terms of this Article shall not apply to the following : (6) an individual vendor renting a booth or space in a flea market, except that each individual vendor shall be subject to the requirements in § 15 -327 . Section 3 . That Section 15 -317(a) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 15-317. License required ; annual fee. (a) It shall be unlawful for any person or owner or operator of a flea market to engage in the business of secondhand dealing except as provided in and authorized by this Article and without first having obtained a license from the Financial Officer. Such license shall be kept current at all times, and failure to maintain a current license shall constitute a violation of this Section. Section 4 . That Section 15 -318 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows : Sec. 15-318. Application for secondhand dealer license ; renewals limitation on use; appeals. (f) With respect to flea markets, an owner or operator licensed under this Article shall provide, with each application for a new or renewal license, a list of all persons renting a booth or space in the flea market, along with such person's date of birth, address and driver's license or other identifying number. With each application for a renewal license an owner or operator shall provide a list of all persons who have rented a booth or space in the flea market at any time since the owner or operator last applied for a license, together with such person's date of birth, address and driver's license or other identifying number and the dates such person rented space at the flea market. In addition, the fleamarket owner or operator shall keep a list upon the licensed premises, open and available for inspection by the city during business hours, of all persons currently renting a booth or space in the flea market, along with such person's date of birth, address and driver's license or other identifying number, and the dates such person rented space at the flea market. Section 5 . That Section 15 -319 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 15-319. Sales tax license required. In addition to the secondhand dealer license, every secondhand dealer shall also obtain a sales tax license as provided in Section 39-26- 103 , C .R. S . , except that persons renting a booth or space in a flea market or similar facility shall not be required to obtain a sales tax license, but shall be required to collect the sales tax and to remit the proceeds of said tax to the operator of the flea market or similar facility as provided by this Article. The operator shall obtain a sales tax license which is applicable to all sales occurring at the flea market or similar facility and shall collect the sales tax from each person operating therein who does not have his or her own sales tax license and shall remit such proceeds as provided by law for the remittance of sales taxes. Section 6 . That the Code of the City of Fort Collins is hereby amended by the addition of a new section 15 -327 which reads in its entirety as follows and the old Section 15 -327 shall be renumbered to Section 15 -328 : Sec. 15-327. Information required/false information. It shall be unlawful for a vendor renting or using a space or booth in a flea market to fail to provide his or her name, address, driver's license number and other identifying number to a flea market operator who requests such information pursuant to § 15 -318 (f) or to provide false identifying information to such operator. Sec . 15 -328 . Violations and penalties. In addition to the revocation, denial or suspension of any license issued, any person who shall violate any of the provisions of this Article, and any person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by § 15 -320 shall be guilty of a misdemeanor punishable in accordance with § 1 - 15 . Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A. D . 2006 . Mayor ATTEST : City Clerk