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HomeMy WebLinkAbout146 - 11/16/1993 - AMENDING CITY CODE RELATING TO LICENSES AND BUSINESS REGULATIONS (NO ACTION TAKEN POSTPONED INDEFINI ORDINANCE NO. 146, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS 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 Collins. 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 Thi licen�tng r quirem ni'. steal i' not apply to departments of tie pity; 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 Artily Iat noi'. apply to a gov�;rnmental :;:enti�y'�o� t�+ ;any person producing,. condnct€ng nr carrying uri sgch < public ; amusement unifier the sponsarsh�p off' a gayer�rmental entity and _ � or upon any ropert;Y owned': by a.,,gavernmental errt�ty.„ 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) shall then be added to Section 15-294, to read as follows: Sec. 15-294. Conditions of license for certain shows. ej "�+� �ppji�a��un sha'I'E be ���ompan��d by a �orpvrate surety l+or 9n the amount �sf �>V� "Chousarr� pollarx (i;5��i1I���, ��tit):it�ossad on the applicant's �a��pliattCe with all requirements of this �trticla and ar��+ cc�n+�>t�ons sed,art tha l�iiwense plirsu�nt,ts3 th�s .Rrt�cl�,.; Section 4. That Section 15-294 of the Code of the City of Fort Collins shall be amended by the addition of a new subsection (d) , to read as follows: Sec. 15-294. Conditions of license for certain shows. �d� `Ctre •.application shalt he accitm ane�f b� pranf °that the, eppliant had a commr,+ialeosral 7iabi ,ty insurance policy with'. at bast fine: Hundred'Tt¥ousantl Dollars �$500,gOfi ) combine sinl�i omits, Ti :the applieani intends n selll+repared or proees... i=4ttd�? i:he application must also be accompanied;, by �raaf the applicant has: products ltabilii:y nsuran�a with ;at 'Mast t:��re' Hundretl Thousand Iksltars i:$5t10,000 j combin�etl single limits!. Section 5. That Section 15-295(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-295. Deposit for sales tax. (b) Within forty e (45) iwent + (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. Temperate Outdoor vendor defined; exemptions. a As used in this Article, the term( ) tempera ) Qrrar vendor shall mean any person whether as owner, agent, consignee or employee, who sells or attempts to sell services, goods, wares or merchandise including food or beverage from any outdoor location and who in furtherance of such purpose: 2 (1) Sells or attempts to sell directly to passersby within any public right-of-way; or icle (2) Hires leases,kiosk, table, box,sc ntainer or other or occuies any hreadily movable structure or display device. (b) The following shall be excluded from the definition of temperary ou E'QO vendor and shall be exempt from the provisions of this Article: (1) Persons selling fYfS1G,<;.;ounrc + ri upon private premises Soho arse en a 1u1a t ass r m ind r tnc t ons rin such premises an pe.n.to t . ellig from a public s .dewaik immediately adaacent t suer prjrate premrses, .rho atso:..se1 crri..a regutar basil'; fr�n i»dnar locations UCE such pt•rR'�'t*,ae5; (2) Persons selling directly and exclusively to manufacturers, wholesalers or retailers for the purpose of resale; � l . Tl,e City; of fort i;ol�ir (4� Any per�bn sellfr>g i~rom property owned 23r contt'a��ed by . . .tare catty=and pursitat�t t�s' a concession a�r+eement vritat the pity , ��) :afty persenx whither a vwner� agent; s�►nsi�ner? or �mpi oyee, sel l i rig a'ram a�� wi ih n the q'ad Tawn {''�azd anQ. ±�rith_the Cotrsent: of the.Uownto�r de�tel�pment Awthority, an�f ...:..:.... 'arc) saTs ar garages saes in a rstdent, el arrea; fastrn hrt longer than three (3} conseetitixe days anti oecurr{n . �o more:: than five {5) timax-, annr€al�,y at the same; 1u�aLirir 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 temperary O, tae 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: 3 �b�' i�ut+fe9r r�er�ders sell:�ag �pRh prt�fa'he property ter a� any iza�aar; street fair, exhfiaiti�u, .shag; er ether eveni: involving t�ra ��� a�:mo�# eutd©a� vehdt�r�� sham required �e cit�ain fndixidual. li�en..ses under this, �r�tc'le: unless fihe moaner ofi the 1SwuperYy ,#r the pnrsvi ar �srganizatiori epdns9ring hn� .such e�te�i� #btains � fircesisq: �n# agrees in writ,#.nth to be reslrahsI�le. fnr �aanitcs��nt� th# compl �tnee of oui�dnnr vender's"wii*h the pro�isi�tns �rf:SeciKian��;5 � : and e71 ni her;eppl ixtsl a �srdinances,,7 aws anti regal ations Section 10. That Section 15-383 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-383. Application for license; fee. (a) An application for a license under this Article shall be submitted to the Financial Officer no less than five (5) working days prior ko the first day of proposed operation. The application shall be accompanied by a nonrefundable applieation fee which shall be in the amount of ten dollars ($10.) for eharitable erganizatieRs, for all ether organizations ah month the license isu be irk efl=e� . (b) additional amount equal to the applieatien fee for eaeh addWenal quarter year of eperatien. No lieense shall be issued fe.r a tetal Payment 4f the app1iabte fie and aitpravak of ti[e lcense shal.i entitle the. licensee to operate at tl,e propose locat3ar forthe cumber of months for which the 1�censeis Issued, not to exceed taaelve eonse�ut: ue months w)thin any_ealendpr year; �c} The ; licenses t�f nutdotir venders sel'tin+� upon .:private prnpe�ty pursuant tea multi-year �rr�tten lease ��r�e�eni< sha71 �e subde�t to apnual review and:apprttvaI by the^city, bet such vendors shallnot be,required'te pay additional license fees i�ar�ng the terra of the original multi year 1pase. Section 11. That Section 15-384 of the Code of the City of Fort Collins is hereby amended by the modification of subparagraph (6) and by the addition of subparagraph (9), to read as follows: Sec. 15-384. Contents of application. (6) The location for which the application is made..".whicu Wit, include more tihatt tsnq 3 sits; 4 :"{9� A:p]an afi` �h�'�a�at`ion �+�r which i:he �,pp�itati�n is mace ►�hi�h shisws thiM. lo�att�n of ��ristfxi�; and," isr�ps�s�e�'. �tructur�s, �eitu�p�:nt a�o#ss and �ark�ng°< Section 12. 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 llppii ati ns sh All lle cdhsider ci lndiwi i chronaingical order as establishes the date ttf xeipi df a prope>�ly completed app'i4eai:ton � �ltnrrever� no a�plicaician will bd: accepted i`ar r uiew yore ti�ar sixty 5Q) hays pr ©r to tho itropo§ed Pa off' ope�at#on.," 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 ;fetlowirtg factta3 s and :may consider other factors the iirncaal .aff.: cer casiders necessary to prpteot the heath safety and wifare of the pz�bl4e* (1} The degree of cangestit�n of any public rfghi of way whichna re ult frog ;the prap#sed use, design and. 'Eocationt including tha probabla impact �f i:he proposed use on the safe ftow tyf eecular and pedestrian traffic Factors considered Shall lnclsde i�uinot b '#_�miterl ;to the :;width �f streets and sidewals, irh Volume of traffic, and the a�raflahilit of off street; R?r._ln * .{2� '#fie proximity, �,ze, design and �aoaton of �xisttng: streeir fxi:ures ;and fur�riture ai: or near the proposed lMatott iriclud�r�g but not 1mited Lo sign, puts,. Tam...... , bus,; stops, ber�chas, telephone :booths,. planters; and ne�+spaper '�endiegderices (3i fnaintena�ce, dae and securiy o srle laocna tthehe elp tr u ionepr ropth �se i, and {iJ The recommendations of the Director of Engineers lransportatiori and the Director of Parks and ReereatieR Cultural'; iibrayy and Reereatoral Seru3ces, insofar as the proposed location may affect the operation of those departments, based upon the factors recited herein. iMPOEMM e�a'f' t?ff�oer shad al se obtain the �ietern��nation oi`strei<or as to whether the proposed :use conforms tQ of Chapter �g ai` this iFade as app'��ed to the'.If i:he.' Zoning` l��dmin5;strator determines tha 5 prt��©fed iise-�s nt�t �t3� �amp���nee �t�th if��: raquirem�nts of hapat: �� off;thi� Cntle, t14�,d��;�i�at��n shan't„na# be apprrsved. ,. �� �fi�th� �rapon�d t�c�i5#ois in o�n°p�wa�er�� itlirtied ar�ontxQ'��e� b� �� �it�, Lhe app�i�ani: t�,rst Ave a>rrta�n�ci the �iiwy'S srr�t'�b�r acnrtw7ed�e�nent that said laoattoil hes nat 1�een renersted tty the fifty for es� by th�E c�t��x.far as by cuticess�cria�res err frrr r��inase by stut+daiir aentl4rs The �ity's d�te�tnattan t� reser+re.praperi;,� averred ar rr�ntral��e� by � city i*ar; nonus�a or i'ttr arse by �arrce�sir#riairet#' nhalT be jade .an a�ca�iance frith r�rles and regu���iarrz pra�ir'tgatecl bt ,.>rty . ananr+iat trff<ice . lf ` the "propose d location is on privately owned property; ttie applicant must have obtained written te consent of the property owner. a #vidence of such ackndrxt .9.ON0 '. consent must be presented with the application.eens :.,, ed. whieh may result frem the prepesed use, design and use on the flow ef Yehieular and pedestrian traffie. Faeters eensidered shall include but not be ted to the widish of streets and sidewalks, the Yelume of pests,traffie, and the ayaflability of eff street parking; street fixtures and furniture at or near the prepesed leeat4en, inelud4ng but net -14mited to sign steps,lamppests, bus bene ) telephone , planters and newspaper Yendin (3) The prebable impaet of the proposed use on the maintenanee, eare a seeurity er the proposed leeatien. Section 13. 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. Section 14. All existing temporary vendor licenses are hereby canceled and revoked as of December 31, 1993, with all license fees to be refunded on a pro rata basis. 6 Introduced, considered favorably on first reading, and ordered published this 2nd day of November, A.D. 1993, and to be presented for final passage on the 16th day of November, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of November, A.D. 1993. Mayor ATTEST: City Clerk 7