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HomeMy WebLinkAbout002 - 03/22/1915 - RELATING TO LICENSE TAX UPON TRANSIENT MERCHANTS ORDINANCE NO 1915, RELATING TO LICENSE TAX UPON TRANSIENT MERCHANTS AND PRO- VIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 Every person firm co-partnership ,joint stock company or corporation now engaged or that shall here- after be engaged in the business of occupation of selling offering for sale bartering peddling whether at wholesale or retail any goods wares merchandise or any manufactured article or product within the corporate limits of the City of Dort Collins shall before entering upon or engaging in any such business apply for and obtain a license from the City of Fort Collins as hereinafter provided Section 2 This ordinance shall not apply to any person firm co-partnership joint stock company or corporation having a bona fide residence and a fixed or permanent business within said city of Fort Collins and paying or subject to assessment for the payment of taxes upon its or their property whether real or personal under the revenue laws of the State of Colorado r Section 3 For the purpose of this ordinance residence and a fixed or known place of operation or conduct of such business maintained continuously within said city for a con- tinuous period of six months shall be prima facie evidence of exemption from the operation of this ordinance .1- Section 4 Every such person firm co-partnership joint stock company or corporation subject to the provisions of this ordinance shall before entering upon or engaging in any such business or occupation be subject to and shall pay- to said city a license charge as follows to-wit Dealers in all kinds of musical instruments Fifteen Dollars ($15 00)per day for the first thirty days and Zen Dollars ($10 00) per day- for each day thereafter Dealers in fruits and vegetables or either thereof dry goods clothing and notions or either thereof groceries produce meats provisions or either thereof boots and shoes or tither thereof coal grain and feed or either thereof books stationery and office supplies or either thereof hardware farming implements crockery glassware and stoves or either thereof furniture of all kinds ice cream and creamery products of all kinds jewelry watches clocks and optical goods Ten Dollars (010 00) per day for the first thirty days and Five Dollars (65 00) per day for each day thereafter Provided that this ordinance shall not be construed to apply to any person or persons bring food products to or within the said City of Fort Collins for sale either in bulk or by retail from house to house where such food products were grown or raised by the person or persons so having them for sale and are products of the State of Colorado Dealers in drugs medicines surgical instruments and appliances or either thcreof plumbing gas fitting electrical supplies and appliances or ei her thereof Xc igars and c fectionery or either thereof Five Dollars ($5 00) per day for the first thirty days and Two Dollars ($2 00) per day for each day thereafter All persons engaged in what 13 commonly called peddling from house to house with or wrthout�' pack and not residing in the -�- City of Fort Collins or maintaining a place of business thereof Ten Dollars ( 14 00) per day for the first thirty dajs and Five Dollars ($5 00) per day for each day thereafter Section 5 Every person firm co-partnership ]joint stock company or corporation subject to the provisions of this -2- ordinance shall before entering upon or engaging in any business or occupation to which this, ordinance is applicable file with the City Clerk of said city an application in writing clearly setting forth the nature or character of the business or occupa- tion proposed to be conducted the true name or names of the applicant or applicants residence and place of incorporation if the applicant be a corporation and setting forth further the number of days during which it is proposed to conduct or carry on such business or occupation Every such business or occupation shall by such application appear to be a lawful business or occupation not inhibited by the constitution or laws of the State of Colorado or any ordinance of said city and not contrary to public policy or good morals, subject however to the approval of the Commissioner of Public Safety and Ex-Officio Mayor Said City Clerk may issue and deliver to such applicant a permit for the conduct thereof covering said specified maximum limit named r in such application upon the payment by such applicant of the sum required for the number of days named in such application Section 6 Every person firm co-partnership joint stock company or corporation applying for and securing a license or permit under this ordinance as ,-herein provided and thereafter wholly ceasing and discontinuing the business or occupation covered by such license or permit prior to the expiration of thirty days or other limit stated in the application shall be entitled to a refund to be paid by thpC110jerk upon approval of the Com- missioner of Finance for each da after such business or occupa- tion shall be discontinued up to the full period or limit of thirty days or other limit as stated in the application or for any number of days thereafter upon offering to the City Clerk of said city satisfactory evidence that such business or occupation has been actually and in good faith discontinued Section 7 Every person firm co-partnership joint stock company or corporation subject to this ordinance and securing a -a- permit or license from the City of Fort Collins as herein pro- vided shall have the right to extend the time for the conduct or operation of its or their business or occupation upon or after the expiration of thirty days or other limit as stated in the application upon furnishing to the Commissioner of Public Safety and Ex-Offieio Mayor satisfactory evidence by petition duly veri- fied of the good faith of said application and upon approval of said Commissioner of Safety of said petition and by payment to the City Clerk of the entire gross amount called for by such extension provided that the provisions of this ordinance as to refund of license fee shall apply in all cases of such extension with like effect as herein provided in Section 6 of this ordinance Section 8 Nothing in this ordinance is to be so con- strued as to embrace affect or cover or in any manner to inter- fere with Interstate Commerce Section 9 Any license or permit granted or issued under the provisions of this ordinance may be cancelled and annulled by the Commissioner of Public Safety in a summary manner before the expiration of the time for which the same is issued upon satisfactory evidence being presented to the Commissioner of Safety that such license or permit was secured through or by means of fraud or misrepresentation or is being used or employed by any other person or persons than the one named in the license or for the purpose of concealing or covering up any illegal or fraudulent occupation business or transaction Section 10 Any person firm co-partnership joint stock company or corporation who shall violate any provision of this ordinance shall upon conviction thereof be fined for every offense in a sum not less than Fifty Dollars (�50 CO) nor more than One Hundred Dollars (4100 00) or may be imprisoned in the city jail not to exceed sixty (60) days and shall pay all costs of suit 4- S'ecticn 11 All ordinances or parts of ordinances in conflict herewith are hereby repealed save and except that all causes of action which may have accrued in favor of the City Sf Fort Collins and against any pazson or persons under s existing ordinances are hereby excepted from the operation of this ordinance and the same may be prosecuted to final ,judg- ment as though said ordinance or ordinances had not been repealed State of Colorado) ) SS County of Iarimer) I, Ray Baxter, City Clerk of the City of Fort Collins do hereby certify and declare that the foregoing ordinance consisting of eleven sections was duly proposed and read at length at a meeting of the City Council held on the 8th day of March , 1915 and was duly ordered by aye" and nay" vote to be published in the Fort Collins Review, a daily newspaper of the City of Fort Collins in accordance with the pro- visions of Section 7 of Article 4 of th City Charter that thereafter and on to-wit the 2 z day of a1915 at a regular meeting of the City Council the said ordinance came before said council upon its final passage a period of more than tend ays having elapsed since its publication as above set forth and that said ordinance was upon second reading adopted as an ordinance and thereafter and on to-wit, the z 3 : G( day of /&" 1915 said Ordinance No 2, as finally passed s._nT_ adopted was duly published in the Fort Coll ns "view a daily newspaper published in said City of Fort Collins Colorado In witness whereof I have hereunto set my hand this day of O(j 1915 / C it�Clerk 7 / Approved ` J Mayor r'