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HomeMy WebLinkAbout036 - 03/15/1994 - AMENDING CITY CODE RELATING TO LICENSES AND BUSINESS REGULATIONS ORDINANCE NO. 36, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 OF THE CODE RELATING TO LICENSES AND BUSINESS REGULATIONS WHEREAS, Chapter 15 of the Code of the City of Fort Collins concerns Licenses and Business Regulations; and WHEREAS, the Council wishes to amend certain sections of Chapter 15 of the Code of the City of Fort Collins in order to clarify their application and provide greater protection to the public; and WHEREAS, the Council wishes to amend Article XIV of Chapter 15 of the Code of the City of Fort Collins concerning Temporary Vendors, to better regulate such vendors for the protection of the public health, safety and welfare and to promote the beauty and vitality of the City; and WHEREAS, these amendments to Chapter 15 of the Code are in the best interests of the citizens of Fort Coffins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 15-86 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-86. License required. All persons are hereby prohibited from keeping for gain or hire any billiard or pool table, any bowling alley, whirlyball arena or similar facility, roller skating rink, any ball and pin machine, striking machine, shooting gallery, ring game, ball and puppet game, cane rack, knife board, electronic game machines or any other like game or device within the city unless the person shall have obtained a license as provided in this Article. This licensing requirement shall not apply to departments of the city. Section 2. That Section 15-291 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-291. License required. It shall be unlawful for any person to produce, conduct or carry on any public exhibition, show, circus, menagerie, carnival , public dance or other form of public amusement wherein an admission fee is charged without first having procured a license from the Financial Officer in the manner provided in § 15-292. This Article shall not apply to any governmental entity or to any person producing, conducting or carrying on such public amusement under the sponsorship of a governmental entity and in or upon any property owned by a governmental entity. Section 3. That Section 15-292 of the Code of the City of Fort Collins shall be amended by deleting the words "and bond" from the title and by the deletion of subsection (c). A new subsection (c) sbal then bg addert to Section- 15-294, to read as follows: Sec. 15-294. Conditions of license for certain shows. (c) The application shall be accompanied by a corporate surety bond in the amount of Five Thousand Dollars ($5,000.) , to secure the applicant's compliance with all requirements of this Article and any conditions imposed upon the issuance of the license pursuant to this Article. Section 4. That Section 15-294 of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (d) , to read as follows: Sec. 15-294. Conditions of license for certain shows. (d) The application shall be accompanied by proof that the applicant has a commercial general liability insurance policy with at least Five Hundred Thousand Dollars ($500,000.) combined single limits. If the applicant intends to sell prepared or processed food, the application must also be accompanied by proof the applicant has products liability insurance with at least Five Hundred Thousand Dollars ($500,000.) combined single limits. Section 5. That Section 15-295(b) of the Code of the City is hereby amended to read as follows: Sec. 15-295. Deposit for sales tax. (b) Within twenty (20) days after the expiration of the license, the licensee shall file the necessary sales tax return with the Financial Officer and pay any additional sales tax owing or receive a refund from the deposit if the deposit is more than the sales tax. If no sales tax return is filed within such time, the amount deposited shall be deemed to be the amount of the sales tax and no refund will be available. Section 6. That the title to Article XIV "Temporary Vendors" is hereby amended to read "Outdoor Vendors". Section 7. That Section 15-381(c) of the Code of the City of Fort Collins is hereby repealed and subsection (a) and subsection (b) of Section 15-381 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 15-381. Outdoor vendor defined; exemptions. (a) As used in this Article, the term outdoor vendor shall mean any person whether as owner, agent, consignee or employee, who sells or attempts to sell services, goods, wares or merchandise including 2 food or beverage from any outdoor location and who in furtherance of such purpose: (1) Sells or attempts to sell directly to passersby within any public right-of-way;_ or (2) Hires, leases, uses or occupies any vehicle, pushcart, kiosk, table, box, container or other readily movable structure or display device. (b) The following shall be excluded from the definition of outdoor vendor and shall be exempt from the provisions of this Article: (1) Persons selling from outdoor locations upon private premises who also sell on a regular basis from indoor locations on such premises; (2) Persons selling from a public sidewalk immediately adjacent to private premises, who also sell on a regular basis from indoor locations on such premises; (3) Persons selling directly and exclusively to manufacturers, wholesalers or retailers for the purpose of resale; (4) The City of Fort Collins; (5) Any person selling from property owned by the city and pursuant to a concession agreement with the city; (6) Any person, whether as owner, agent, consignee or employee, selling from and within the Old Town Plaza and under the sponsorship of the Downtown Development Authority; and (7) Yard sales or garage sales in a residential area lasting no longer than three (3) consecutive days and occurring no more than five (5) times annually at the same location. Section 8. That Section 15-382(a) of the Code of the City of Fort Collins is hereby amended to read as follows: (a) It shall be unlawful for any outdoor vendor to engage in such business upon any private or public property within the city without first obtaining a license in compliance with the provisions of this Article. Section 9. That Section 15-382(b) of the Code of the City of Fort Collins is renumbered to be Section 15-382(c) and Section 15-382 is hereby amended by the addition of a new subsection (b) to read as follows: (b) Outdoor vendors selling upon private property or at any bazaar, street fair, exhibition, show, or other event involving two 3 (2) or more outdoor vendors, shall be required to obtain individual licenses under this Article unless the owner of the property or the person or organization sponsoring any such event obtains a license and agrees in writing to be responsible for monitoring the compliance of outdoor vendors with the provisions of Section 15-388 and all other applicable ordinances, laws and regulations. Section 10. That Section 15-383(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec_ 15-383-- Application- for licenses- fee- (a) An application for a license under this Article shall be submitted to the Financial Officer no less than five (5) workinT days prior to the first day of proposed operation. The application shall be accompanied by a nonrefundable fee which shall be in the amount of ten dollars ($10.) for each month the license is to be in effect. Section 11. That Section 15-383(b) of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 15-383. Application for license; fee. (b) Payment of the applicable fee and approval of the license shall entitle the licensee to operate at the proposed location for the number of months for which the license is issued, not to exceed twelve (12) consecutive months within any calendar year. Section 12. That Section 15-383 of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (c) to read as follows: Sec. 15-383. Appl-ication for license; fee. (c) In the case of outdoor vendors selling upon private property pursuant to a multi-year written lease agreement, the fee established under this Section shall be imposed only for the first year of the term of the original multi-year lease. Section 13. That Section 15-384(6) of the Code of the City of Fort Collins is hereby amended to read as follows: (6) The location for which the application is made, which shall not include more than one (1) site; 4 Section 14. That Section 15-384 of the Code of the City of Fort Collins is hereby amended by the addition of the following subparagraph (9) : Sec. 15-384. Contents of application. (9) A plan of the location for which the application is made which shows the location of existing and proposed structures, access, equipment and parking. Section 15. That Section 15-385 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-385. Review and approval . (a) Applications shall be considered individually and in chronological order as established by the date of receipt of a properly completed application. However, no application will be accepted for review more than sixty (60) days prior to the proposed period of operation. Within five (5) working days of the filing of an application under Section 15-384 the Financial Officer shall review such application and shall make a determination as to whether the application contains the required information and, if so, whether the issuance of a license is compatible with the public interest. In making such determination, the Financial Officer shall consider the following factors and may consider other factors the Financial Officer considers necessary to protect the health, safety and welfare of the public: (1) The degree of congestion of any public right-of-way which may result from the proposed use, design and location, including the probable impact of the proposed use on the safe flow of vehicular and pedestrian traffic. Factors considered shall include but not be limited to the width of streets and sidewalks, the volume of traffic, and the availability of off-street parking; (2) The proximity, size, design and location of existing street fixtures and furniture at or near the proposed location, including but not limited to sign posts, lampposts, bus stops, benches, telephone booths, planters and newspaper vending devices; (3) The probable impact of- the proposed use on the maintenance, care and security of the proposed location; and (4) The recommendations of the Director of Transportation and the Director of Cultural , Library and Recreational Services, insofar as the proposed location may affect the operation of those departments, based upon the factors recited herein. 5 (b) The Financial Officer shall also obtain the determination of the Zoning Administrator as to whether the proposed use conforms to the requirements of Chapter 29 of this Code as applied to the subject location. If the Zoning Administrator determines the proposed use is not in compliance with the requirements of Chapter 29 of this Code, the application shall not be approved. (c) If the proposed location is on property owned or controlled by the city, the applicant must have obtained the city's written acknowledgement that said location has not been reserved by the city for use by the city, for use by concessionaires or for nonuse by outdoor vendors. The city's determination to reserve property owned or controlled by the city for nonuse or for use by concessionaires shall be made in accordance with rules and regulations promulgated by the city Financial Officer. If the proposed location is on privately owned property, the applicant must have obtained written consent of the property owner. Evidence of such acknowledgement or consent must be presented with the application. Section 16. That Article XIV of the Code of the City of Fort Collins is hereby amended by the addition of Section 15-393, to read as follows: Sec. 15-393. Administration. The Financial Officer shall administer the provisions of this Article and is authorized to promulgate reasonable rules and regulations for its administration and implementation. Such rules and regulations shall include a process for obtaining input from interested parties concerning the granting of outdoor vendor licenses and the selection of concessionaires. Section 17. All existing temporary vendor licenses are hereby canceled and revoked as of May 31, 1994, with all license fees to be refunded on a pro rata basis. Introduced, considered favorably on first r , and order ,ished this 1st day of March, A.D. 1994, and to be se for fins assage n the 15th day of March, A.D. 1994. Mayor ATTEST: City Clerk 6 Passed and adopted on final reading this 1�1 day of March, 1994. ayor ATTEST: � Q 7J1�� C 1�caa:in� City Clerk 7