HomeMy WebLinkAbout152 - 12/07/1982 - CREATING A TRANSIENT VENDORS LICENSE AND ESTABLISHING TRANSIENT VENDOR LICENSE FEES ORDINANCE NO. 152, 1982
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING A TRANSIENT VENDOR'S LICENSE
AND ESTABLISHING TRANSIENT VENDOR LICENSE FEES
WHEREAS, the City of Fort Collins has experienced numerous transient
vendors selling goods, wares and merchandise at retail ; and
WHEREAS, it has been the experience of the City of Fort Collins that
such transient vendors often fail to comply with the ordinances of the City
including ordinances which require the collection and remittance of City
sales tax to the City; and
WHEREAS, it is hereby determined that the imposition of a transient
vendor's license is necessary to protect the health, safety, and welfare of
the City of Fort Collins; and
WHEREAS, it is hereby determined by the Council of the City of Fort
Collins that the posting of security by such transient vendors to insure
compliance with the Code of the City of Fort Collins is necessary to
protect the health, safety, and welfare of the City of Fort Collins .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. License Required. It shall be unlawful for a transient
vendor to engage in such business within the City of Fort Collins without
first obtaining a license therefor in compliance with the provisions of
this ordinance. The fee to be paid to the City for the issuance or renewal
of such license shall be ten dollars ($10.00) .
Section 2. Definition. For the purpose of this ordinance a transient
vendor is define ads a person, firm or corporation, whether as owner,
agent, consignee or employee, who does not maintain a permanent business
address in the corporate limits of Fort Collins and who engages in a
temporary business of selling goods, wares and merchandise within the City,
and who, in furtherance of such purposes, hires, leases, uses or occupies
any building, structure, motor vehicle, cart, mobile display device, public
rooms in hotels, lodging houses, apartments, shops or any street, alley, or
other place within the City for the exhibition and sale of such goods,
wares and merchandise.
Section 3. Applicants for a transient vendor's license under this
ordinance, whether a person, firm or corporation shall file an application
with the Director of Finance signed by the applicant, if any individual , by
all the partners, if a partnership, and by the president, if a corporation
showing:
a. The name or names of the person or persons having the management
or supervision of applicant' s business during the time it is
proposed to be carried on within the City of Fort Collins; the
local address or addresses of such person or persons while engaged
in such business ; the permanent address or addresses of such
person or persons; the capacity in which such persons will
act; name and address of the person, firm or corporation for whose
account the business will be carried on, if any; and, if a cor-
poration, under the laws of what state the same is incorporated;
b. The place or places within the City of Fort Collins where it is
proposed to carry on applicant's business and the length of time
during which it is proposed said business shall be conducted;
c. A statement of the nature and character of the goods, wares or
merchandise to be sold or offered for sale by the applicant in the
City of Fort Collins and the invoice value of such goods, wares
and merchandise.
Section 4. Fees. Any person, firm or corporation applying for a
transient vendor' sTicense shall pay the sum of ten dollars ($10.00) to the
City upon application for said license.
Section 5. Bond. Before any license, as provided by in this ordi-
nance, shall be issued, such applicant shall file with the Director of
Finance of the City a bond issued by a surety authorized to do business in
the State of Colorado or other equivalent security approved by the Director
of Finance running to the City of Fort Collins in the sum of two hundred
and fifty dollars ($250.00) conditioned upon the applicant's compliance
with the ordinances of the City of Fort Collins, including but not limited
to any ordinances of the City of Fort Collins requiring the licensing for,
collection of and payment to the City of retail sales tax receipts as
required by such ordinances.
Section 6. Exhibition of License. The license issued under this
ordinance shall be posted conspicuously at the place of business named
therein. In the event that such person or persons applying for said
license shall desire to do business in more than one place within the City,
separate licenses may be issued for each place of business, and shall
be posted conspicuously at each place of business.
Section 7. Expiration of License. All licenses issued under the
provisions of this ordinance shall expire 30 days after the date of issu-
ance.
- Section 8. Penalty. Any person, firm or corporation violating any of
the provisions of this ordinance shall , upon conviction thereof, be pun-
ished by a fine not to exceed three hundred dollars ($300.00) or by im-
prisonment not to exceed ninety (90) days or both such fine and imprison-
ment.
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Section 9. Severance Clause. If any section, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitutional ,
such a decision shall not affect the validity of the remaining sections,
sentences, clauses, or phrases of this ordinance, or the ordinance as an
entirety , it being the legislative intent that this ordinance shall
stand notwithstanding in validity of such section, sentence, clause or
phrase.
Section 10. Effective Clause. This ordinance shall take effect from
and after its passage and publication as provided by law.
Introduced, considered favorably on first reading, and ordered pub-
lished this 23rd day of November , A.D. 1982 , and to be presented for final
passage on t e 7th day o D ecember , D. 1982 .�j
17 , 0
t M o
.5T A N'i
ATTEST:
City Clerk `�
Passed and adopted on final reading this 7th day of December , A.D.
1982.
Mayor
ATTEST:
City y Clerk
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