Loading...
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. -2- r 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 -3-