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HomeMy WebLinkAbout2023-04PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2023, First Reading, on the Town of Vail's web site, www.vail(iov.com, on the 22nd day of February 2023. Witness my hand and seal this 22nd day of February 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 4 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL AMENDING SECTION 4-1-6 OF THE VAIL TOWN CODE TO EXEMPT CERTAIN BUSINESSES FROM LOCAL BUSINESS LICENSE REQUIREMENTS WHEREAS, Senate Bill 22-032 eliminated fees for local business licenses for certain businesses without a physical presence or with only an incidental physical presence in the local taxing jurisdiction; and WHEREAS, the Town desires to amend its business license application process to comply with Senate Bill 22-032. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-6 of the Vail Town Code is amended by the addition of the following language: (C) A business that has a state standard retail license and makes retail sales within the Town, but has no physical presence in the Town, or only has an incidental presence in the Town, shall be exempt from the requirements of this Chapter. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer 1 211512023 shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of February, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of March, 2023. ATTEST: Stephanie Bibbens, Town Clerk Kim Langmaid, Mayor 2 211512023 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2023, Second Reading, on the Town of Vail's web site, w",w.vailaov.com, on the 81" day of March 2023. Witness my hand and seal this 8t" day of March 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 4 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL AMENDING SECTION 4-1-6 OF THE VAIL TOWN CODE TO EXEMPT CERTAIN BUSINESS FROM LOCAL BUSINESS LICENSE REQUIREMENTS WHEREAS, Senate Bill 22-032 eliminated fees for local business licenses for certain businesses without a physical presence or with only an incidental physical presence in the local taxing jurisdiction; and WHEREAS, the Town desires to amend its business license application process to comply with Senate Bill 22-032. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-6 of the Vail Town Code is amended by the addition of the following language: (C) A business that has a state standard retail license and makes retail sales within the Town, but has no physical presence in the Town, or only has an incidental presence in the Town, shall be exempt from the requirements of this Chapter. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer 1 3/2/2023 S:IFINANCEIBUDGETIBUDGET 231TOWN COUNCIL MEMOS1022123 BL ORDINANCE.DOCX shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of March, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 2 3/2/2023 S:IFINANCEIBUDGETIBUDGET 231TOWN COUNCIL MEMOS1022123 BL ORDINANCE.DOCX