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Home My WebLink About1988- 1 Amending Chapter 5.04 Annual Business License to Provide for a Definition of Seasonal Business and to Set Forth a Business License Fee for a Seasonal Business. d r ~,~' (~ • ORDINANCE NO. i Series of 1088 (~+ /~.~- il~~$ ~ AN ORDINANCE AMENDING CHAPTER 5.04 ANNUAL BUSINESS LICENSE TO PROVIDE FOR A DEFINITION OF SEASONAL BUSINI ~'~ AND TO SET FORTH A BUSINESS LICENSE FEE FOR A SEASONS ~: ~~ BUSINESS; SETTING FORTH THE METHOD BY WHICH BUSINESS FLuux AREA SHALL BE MEASURED; PROVIDING A NEW DEFINITION FOR PREMISES; SETTING FORTH A NEW LICENSE FEE FOR THE RENTAL OF DWELLING AND ACCOMMODATION UNITS BASED ON THE NUMBER OF UNITS RENTED; PROVIDING THAT CHAPTER 5.04 SHALL 8E EFFECTIVE FOR ONLY ONE {1) YEAR UNLESS EXTENDED BY THE TOWN COUNCIL; AND SETTING FORTH DETAILS iN REGARD THERETO. WHEREAS, the Town Council has recently repealed and reenacted Chapter 5.04 Annual Business License; and WHEREAS, the Town Council has received input from the citizens of the Town and the Town staff relating to the new business license ordinance; and WHEREAS, the Town Council wishes to implement said input. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, CDLORADO, that: i. Section 5.04.020 Definitians of the Municipal Code of the Town of Vail is hereby amended by the addition of paragraph 0 to read as follows: 5.04.020 Definitions 0. Seasonal Business means any business conducted for a period of not more than six {5} months per year. 2. Section 5.04.020 Definitions, subparagraph M is hereby amended to read as follaws: 5.04.020 Definitions M. Business Floor Area shall mean the number of square feet located within a premises as defined in this Section. Square footage shall be measured from inside wall to inside wall. 3. Section 5.04.020 Definitions, subparagraph E is hereby amended to read as follaws: 5.04.020 Definitions E. premises means any structure, lodge, store office, sales room, warehouse, or other place of business situated within the Town which is cwned, leased or occupied by a business. 4. Section 5.04.040 Fee is hereby repealed and reenacted to read as follows: (~ ~ (r 5.04.040 fee An annual business license fee shall be paid by every person doing business within the Town in accordance with the following schedule: .A. ].. Any person who engages in the short term rental of ten (10) or ••~ more dwelling units and/or accommodation units for consideration to one who uses, possesses or has the right to use or possess such accommodation unit and/or dwelling unit shall pay a minimum annual fee of four hundred dollars ($400) and in addition shall pay thirty--six dollars and twenty cents ($36.20) for each accommodation unit and/or dwelling unit in excess of ten (10) units. 2. Any person who engages in the short term rental of less than ten {10) accommodation units and/or dwelling units far consideration to one who uses, possesses or has the right to use or possess such accommodation unit or dwelling unit, shall pay an annual fee of fatty dollars ($40) per each such unit rented. B_ Restaurants shall pay a minimum annual fee of four hundred dollars ($400), and in addition, shall pay sixteen dollars and seven cents ($15.07) for each seat in excess of twenty-five (25) seats based upon the number of seats located within the restaurant during the winter ski season. F'or the purposes of this ordinance, a seat shall include a chair, stool, sitting mat or sitting pillow. In addition, every twenty-four (24} inches of booth or sofa shall be considered a seat and every twenty-four (24) inches of bar shall also be considered a seat if stools are not utilized far customers at the bar. C. Ski Companies Ski companies shall pay an annual fee of fifty-five thousand dollars {$55,000). Q. Athletic Clubs 1. Athletic clubs containing more than two thousand nine hundred eighty five {2,985) square feet of business floor area shall pay a fee of one thousand dollars ($1,000). 2. Athletic cubs with less than two thousand nine hundred eighty five (2,985) square feet of business floor area shall pay an annual fee of four hundred dollars ($400), and in addition, shall pay thirty-one cents ($.31) for each square foot of business floor area in excess of one thousand fifty two (1,052) square feet up to two thousand nine hundred eighty-five (2,985} square feet of business floor area. ~. Home occupations shall pay an annual fee of seventy--five dollars {$75}. -2- I ~ s F. Seasonal businesses shall pay an annual fee of two hundred dollars ($200), and in addition, fifteen dollars and five cents ($15.05) for each square foot of business floor area in excess of one thousand fifty-two 41,052} square feet up to a maximum ofi thirty thousand (30,000) square feet of business floor area. :~ ti G. All other businesses shall aay an annual fee of four hundred dollars ($400), and in addition, thirty-one cents ($.31) for each square foot of business floor area in excess of one thousand fifty-two (7.,052) square feet up to a maximum of thirty thousand (30,000) square feet of business floor area. N. Any single business other than a ski company or athletic club, which is a combination of two (2} or more of the categories set Forth in this Section, shall pay an annual license fee which shall be the sum of the fees computed as set forth herein for each category, however, each such business shall be required to obtain only one (1) business License. 5. Section 5.04.140 Termination is hereby amended to read as follows: 5.04.140 Termination This Chapter 5.04 Business License shall terminate and cease to be effective on December 31, 1988 unless extended by the Town Council on or before said date. C. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town 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. 7. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 8. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby sha71 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -3- ~~ s~ ~~ INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1988, and a public hearing shall be held an this ordinance an the day of 1988, at 1:30 p.m. in the Council Chambers of the Vail Municipal Building,~Vail, Colorado. ;' Ordered Published in full this day of ].988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Tawn Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4-