HomeMy WebLinkAbout081 - 06/20/2023 - AMENDING ARTICLE VIII, ARTICLE XI, AND ARTICLE XIV OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLORDINANCE NO.081,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VIII,ARTICLE XI,AND ARTICLE XIV OF CHAPTER 15 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO PAWNBROKERS,
SECONDHAND DEALERS,AND OUTDOOR VENDORS
WHEREAS,Chapter 15,Articles VIII and XI of the City Code address the regulation and
licensure of dealers of second property within the city,which includes flea markets and
pawnbrokers;and
WHEREAS,Fort Collins Police Services (“FCPS”),in collaboration with City staff
responsible for the administration of such matters (collectively,“City staff’),has identified that
regulation is not warranted for flea markets and stores selling secondhand clothing,shoes,or
furniture;and
WHEREAS,City staff bases its determination on the fact that there has never been a
reported criminal or regulatory incident or violation at any flea market or secondhand clothing or
furniture store within the City;and
WHEREAS,City staff recommends that flea markets and secondhand clothing,shoes,and
furniture stores be excluded from the regulatory requirements for secondhand dealers in the interest
of conserving the staff time and City resources that would otherwise go to administering such
regulations;and
WHEREAS,in addition,City staff recommends that an expiration date be set for annual
licenses for secondhand dealers and pawnbrokers to increase administrative efficiency and reduce
the time and resources needed to track licenses with varying expiration dates;and
WHEREAS,Chapter 15,Article XIV addresses the regulation of outdoor vendors within
the city,which includes mobile food trucks and pushcart vendors;and
WHEREAS,the Code allows that mobile food truck vendors and pushcart vendors may
vend on streets in locations in non-neighborhood zone districts where parallel parking is allowed;
and
WHEREAS,on August 26,2022,the City completed the renovation of Linden Street
between Jefferson Street and Walnut Street into a convertible street that can be closed to vehicular
and bicycle traffic and transformed into a pedestrian gathering space during special events;and
WHEREAS,the renovation included the conversion of the diagonal parking spaces to
parallel parking spaces;and
WHEREAS,it was not the City’s intention in renovating Linden Street to allow for mobile
food truck vendors or pushcart vendors on the renovated section;and
WHEREAS,City staff is recommending that the Code be amended to prohibit mobile food
truck vendors and pushcart vendors from operating on the renovated portion of Linden Street to
conform the regulations to the City’s intent and to maintain an appropriate distance from such
vendors and the brick and mortar food establishments in the area,which suffered negative
consequences as a result of the two-year reconstruction of Linden Street;and
WHEREAS,City staff’s recommendation is to allow for such vendors on Linden Street as
part of a licensed special event or as a concessionaire of the City;and
WHEREAS,the City Council hereby finds that amending the City Code as proposed in
this Ordinance is in the best interests of the City and its taxpayers and promotes the health,safety,
and welfare of the community by providing for the reduction in regulatory burden on certain
secondhand dealers where such regulation is not warranted and also by providing for the
appropriate use of the renovated portion of Linden Street.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That Section 15-263 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.15-263.Annual license fee.
The annual license fee for carrying on the business of pawnbroking shall be three hundred dollars
($300.),which shall be submitted together with an application for such license to the Finance
Officer.Said license fee is nonrefundable,unless the application is denied.Annual licenses shall
expire on December 3181 of each year,and a business must apply to renew its license no later than
forty-five (45)days before the expiration date.
Section 3.That Section 15-316 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.15-316.Definitions.
Secondhand dealer shall mean any person who operates any portion of their business to buy,accept
on consignment,sell or barter secondhand property;provided,however,that this definition and the
terms of this Article shall not apply to the following:
(6)A flea market or 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;and
Secondhand properly shall mean the following items of tangible personal property previously
owned and used by another person:
(6)Any item of tangible personal property which is marked with a serial or
identification number and the selling price of which is thirty dollars ($30.)or more,except
motor vehicles,ranges,stoves,dishwashers,refrigerators,garbage disposals,airplanes,
clothes washers,freezers,mobile homes,nonprecious scrap metal and furniture.
Section 4.That Section 15-317 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 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.
(b)The annual license fee for carrying on the business of secondhand dealing shall be one
hundred dollars ($100.),which shall be submitted together with an application to the Financial
Officer.Said license fee is nonrefundable,unless the application is denied.Annual licenses shall
expire on December 3 ~of each year,and a business must apply to renew its license no later than
forty-five (45)days before the expiration date.
Section 5.That Section 15-318 of the Code of the City of Fort Collins is hereby
amended by the deletion of Subsection (f)in its entirety.
Section 6.That Section 15-322 of the Code of the City of Fort Collins is hereby
amended to read as follows.
Sec.15-322.Records for sales tax collection for flea market sales.
(a)Every secondhand dealer or any person who is a dealer of new goods who is a retailer and
sells such goods at a flea market or similar facility or any nonpermanent location shall keep and
preserve suitable records of consignments,barters or sales made and such other books or accounts
as may be necessary to determine the amount of tax for the collection of which the dealer is liable
under local,state,or federal law.
(b)It is the duty of every such person to keep and preserve for a period of three (3)years all
invoices of goods and merchandise purchased for resale.All such books,invoices and other
records shall be open for examination at any time by the Financial Officer,their duly authorized
agents or any peace officer.
Section 7.That Section 15-323 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.15-323.Notice;penalties.
Every secondhand dealer shall conspicuously post a notice to be provided by Police Services in a
place clearly visible to all buyers and barterers which sets forth the provisions of this Article and
of Sections 18-13-114 through 18-13-116,(‘.R.S.,and which sets forth the penalties for violating
such sections and for violating Section 18-4-410,C.R.S.,concerning theft by receiving.Such
notification shall include information to the effect that stolen property may be confiscated by any
peace officer and returned to the rightful owner without compensation to the buyer.Said notice
may also include information regarding any reimbursement policy of the dealer.
Section 8.That Section 15-327 of the Code of the City of Fort Collins is hereby deleted
in its entirety and the remaining section be renumbered accordingly.
Section 9.That Section 15 381 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Linden Street”which reads in its entirety as follows:
Sec.15-381.Definitions.
Linden Street shall mean that portion of Linden Street bounded on the south by the northern edge
of the Walnut Street right-of-way and on the north by the southern edge of the Jefferson Street
right-of-way.
Section 10.That Section lS-387(p)of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.15-387.Restrictions and operation.
(p)The following additional requirements shall apply to particular types of outdoor vendor
licenses,as specified:
(1)Mobile food truck vendors shall:
a.Vend only on lots in non-neighborhood zone districts or on streets in
locations in non-neighborhood zone districts where parallel parking is allowed,
excluding Linden Street as defined in this Article except where permitted as part of
licensed special event under Chapter 23.5 of this Code or as a concessionaire of the
City;
(2)Pushcart vendors shall:
a.Vend only on lots in non-neighborhood zone districts or on streets in
locations in non-neighborhood zone districts where parallel parking is allowed,
excluding Linden Street as defined in this Article except where permitted as part of
licensed special event under Chapter 23.5 of this Code or as a concessionaire of the
City;
Introduced,considered favorably on first reading,and ordered published this 6th day of
June,2023,and to be presented for final passage on the 20th day of J -2023.
AflEST:
Chief Deputy City Clerk
Passed and adopted on final?é&ling on this 20th day of June,2023.
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AflEST:,.~-.,.~
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Chief Deputy City Clerk