Loading...
HomeMy WebLinkAbout1976- 1 Requiring an Annual Business License to Engage in Any Business on Premises Within the Town of Vail.. 1 r` ~ ~ ORDINANCE NO. 1-76 AN ORDINANCE REQUIRING AN ANNUAL BUSINESS LICENSE TO ENGAGE IN ANY BUSINESS ON PREMISES WITHIN THE TOWN OF VAIL, COLORADO WHEREAS, Colorado Revised Statutes 1973, Section 31-15-301(1)(b), empowers municipalities to license any lawful occupations conducted within them; and WHEREAS, the Town Council of the Town of Vail, Colorado, considers that it is necessary to require the annual licensing of all business operated on premises within the . municipality in order to protect the public property, health, welfare, peace, or safety; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Annual Business License Ordinance". Section 2. Purpose. The purpose of this ordinance is to require the annual licensing and limited regulation of all businesses conducted on premises within the Town of Vail, Colorado, and to provide the Town with necessary information concerning the activities of said businesses, in order to protect the property, health, welfare, peace, or safety of its citizens, inhabitants, and visitors. Section 3. Definitions. For purposes of this ordinance the following definitions shall apply: A. "Town": Town of Vail, Colorado. B. "Person": Any individual, partnership, corporation, firm, estate, trust, association, joint venture, or other entity. C. "Business": Any business, profession, occupation, or activity engaged in by a person far profit, gain, benefit, or ~. Tow Clerk {~ 4 Ordinance No. 1-76 :~ Page 2 advantage which is conducted on premises within the Town. D. "Premises": Any land, structure, lodge, store, ~ office, salesroom, warehouse, or other place of business situated within the Town which is owned, leased, or occupied ti by a business. E. "License Year": The calendar year, January 1st through December 31st. F. "Licensee": Any person required to obtain an annual business license. Section 4. Annual Business License Required. In order to lawfully conduct any business on premises within the Town a person is required to obtain an annual business license from the Town, Section 5. License Fee. The license fee for the annual business license shall be Twenty-Five Dollars {$25.00) for each license year or portion thereof. Section 6. Payment of License Fee, The license fee shall be paid to the Finance Department of the Town on or before January 31st of each license year for any business in operation prior to said date which obtained an annual business license for the preceding license year or other- wise shall be paid prior to the commencement of business activity in each license year; provided however, that the license fee for 1976 for any existing business shall be paid on or before March 31, 1976. Section 7. Exemptions. Persons exempt from the provisions of this ordinance C are as follows: A. Persons who pay an occupation tax or franchise tax to the Town. B. Employees o£ a licensee. C. Churches or established religious organizations, Town Clerk • s Ordinance No. 1-76 D. Eleemosynary corporations. E. Hospitals. F. Schools. G. Governments. Page 3 H. Persons exempt under Federal or Colorado law. Section 8. General Requirements of Licensee. Every licensee under this ordinance shall: A. Ascertain and at all times comply with all laws and regulations applicable to such licensed business. B, Avoid any illegal, dangerous, or harmful practices or conditions which are detrimental to the public property, health, welfare, peace, or safety. C. Refrain from engaging in business on the licensed premises during the period his license is revoked or suspended. Section 9. License for Each Place of Business. An annual business license shall be obtained for each place of business within the Town regardless of whether the business conducted therein is a separate business or a branch, division, or agency of a licensed business situated at another location in the Town. Section 10. Administration. The administration of the annual business licenses required by this ordinance shall be vested in the Finance Director of the Town who is authorized to: A. Collect license fees and issue receipts therefor. B. Adopt all forms and prescribe the information to be given therein. D. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this ordinance. E. Investigate and determine the eligibility of each applicant for an annual business license. ~ ~ Town ~lerk sr , er ~ Ordinance No. 1-76 Page 4 F. Investigate, determine, and order the revocation or suspension of an annual business license far violation by the licensee of a provision of this ordinance. Section 11. Denial o:~ Annual Business License. A. An application for an annual business license will be denied by the Finance Director of the Tawn only in the event the business sought to be licensed is an unlawful business or the person applying for the license is not qualified or licensed to engage in such business under applicable Federal or Colorado law. B. In the event an application is denied the Finance Director of the Town shall deliver to the applicant a written order of denial which states the reasons therefor together with a refund of the license fee submitted with the application. Section 12. Revenues Credited to General Fund. The license fees collected by the Finance Director under this ordinance shall be general revenues which shall be credited to the Town's General Fund. Section 13. Filing of Notice of Exemption. Any person claiming exemption from the provisions of this ordinance shall file a notice of exemption with the Finance Director of the Town on or before January 31st of each license year for any business in operation prior to said date or other- wise shall file said notice prior to the commencement of business activity in each year; provided, however, that the notice of exemption for 1976 for any existing business shall be filed on or before March 31, 1976. Section 14. Enforcement. The Town may seek an injunction to restrain a person from engaging in business on premises within the Town who does not obtain an annual business license under this ordinance or whose license is revoked or suspended, and~this remedy shall be in addition to all other remedies prescribed herein or available at law. Town C erk • • Ordinance No. 1-76 ~ ~ ~. Page 5 Section 15. Penalty. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) days or both. Section 16. Effective Date. This ordinance shall take effect five days after publication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 20th day of January, 1976, and a public hearing on this ordinance shall be held at the regular meeting of the .Town Council of the Town of Vail, Colorado, on the 3rd day of February, 1976, at 7:30 P.M., in the Municipal Building of the Town. ATTEST: 5 i, ~ ,~, 5 r ~.r• '' Tpwfn C~e t '~ r ~ ~ S, ~ ,, ,, `~ .; .~ Mayor P ~~ ~" ~ ~~ a~dinan~~ ~°i 1 7~ ~AC~Eg, ~~G ~ ApPRa~ED ~ ~ READ t)~ ~~C©'t`~D SAD 3xd day ~~ F~=b~u~~~ r I~`rgODUCED D C~CE I~ FDI,L - -~Yi~.S D O~-DEAD ~' ~BLI SE.E A~ 197 + _. p,TTE~~'` ~ r '~~ f 1 ~~1 ~ .~ Cl ':1 id~Jn ,~ ,~