Fort Collins Municipal Code and Charter > Chapter 15Search Municipal Code (Frames)


TABLE OF CONTENTS

CHAPTER 15

LICENSES AND BUSINESS REGULATIONS

Articles:

I. In General

Reserved

II. Alarm Systems

Reserved

III. Amusement Devices and Places

Sec. 15-86 License required

Sec. 15-87 Applications for licenses

Sec. 15-88 Issuance of license

Sec. 15-89 License fees and term

Sec. 15-90 Regulations for licensees

Sec. 15-91 Revocation of licenses authorized

IV. Auctions, Special Sales and Solicitations

Division 1 Door-to-Door Solicitation

Sec. 15-106 Title; purpose

Sec. 15-107 Definitions

Sec. 15-108 All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign

Sec. 15-109 No-solicitation list for commercial solicitations

Sec. 15-110 Permit and identification badge required for all commercial solicitors

Sec. 15-111 Application contents; fees

Sec. 15-112 Duration of permit; renewal

Sec. 15-113 Reserved

Sec. 15-114 Persons prohibited

Sec. 15-115 Denial of permit

Sec. 15-116 False or deceptive representation prohibited

Sec. 15-117 Duty to display identification badge and to exhibit permit

Sec. 15-118 Permissible times

Sec. 15-119 Transfer of permits prohibited

Sec. 15-120 Suspension or revocation of identification badge

Sec. 15-121 Suspension, revocation or nonrenewal of permit

Sec. 15-122 Emergency summary suspension of identification badge or permit

Sec. 15-123 Displaying a badge after suspension, revocation or nonrenewal

Sec. 15-124 Promulgation of rules and regulations

Sec. 15-125 Records

Sec. 15-126 Appeal

Sec. 15-127 Administrative regulations

Sec. 15-128 Violations and penalties

Division 2 Auctions

Sec. 15-129 License required for public auctions

Sec. 15-130 License fees and term

Sec. 15-131 Issuance of licenses; transfer prohibited

Division 3 Special Sales

Sec. 15-136 License required; exceptions

Sec. 15-137 Violations and penalties

V. Contractors

Sec. 15-151 Intent

Sec. 15-152 General

Sec. 15-153 Definitions

Sec. 15-154 License and registration required

Sec. 15-155 Exemptions

Sec. 15-156 Duties of Building Review Board

Sec. 15-157 Supervisor certificate; fees; examinations; renewals

Sec. 15-158 Applications; review; issuance

Sec. 15-159 Minimum experience qualifications

Sec. 15-160 License classifications; fees; renewals

Sec. 15-161 Responsibilities of contractor; supervisor

Sec. 15-162 Disciplinary procedures; violations and penalties

Sec. 15-163 Safety and insurance requirements

Sec. 15-164 Transition provisions

VI. Electrical Contractors

Sec. 15-171 License and registration required; suspension; revocation

VII. Going-Out-of-Business Sales

Sec. 15-181 Definitions

Sec. 15-182 Requirements of sale

Sec. 15-183 Exceptions

Sec. 15-184 Violations and penalties

VIII. Pawnbrokers

Sec. 15-261 Definitions

Sec. 15-262 License required

Sec. 15-263 Annual license fee

Sec. 15-264 Surety bond required

Sec. 15-265 Investigation and approval of licensees and managers required

Sec. 15-266 Required books and records

Sec. 15-267 Declaration of ownership

Sec. 15-268 Requirements for records

Sec. 15-269 Minimum fixed period of time; maximum fixed price

Sec. 15-270 Intermediate payments upon loans

Sec. 15-271 Holding period and sale of tangible personal property

Sec. 15-272 Hold orders; surrender of property; inspection of records and premises

Sec. 15-273 Prohibited transactions

Sec. 15-274 Business limited to one location

Sec. 15-275 Violations and penalties

Sec. 15-276 Notice of penalties required

IX. Places of Entertainment

Sec. 15-291 License required

Sec. 15-292 License application

Sec. 15-293 License fees; term

Sec. 15-294 Conditions of license for certain shows

Sec. 15-295 Deposit for sales tax

Sec. 15-296 Public dance hall license requirements

Sec. 15-297 Special conditions

Sec. 15-298 Appeal to City Council

X. Plumbing Contractors

Sec. 15-305 General provisions, licensing and registration

XI. Secondhand Dealers

Sec. 15-316 Definitions

Sec. 15-317 License required; annual fee

Sec. 15-318 Application for secondhand dealer license; renewal; limitation on use; appeals

Sec. 15-319 Sales tax license required

Sec. 15-320 Keeping of records required

Sec. 15-321 Forms to be sent to police and open to inspection

Sec. 15-322 Records for sales tax collection for flea market sales

Sec. 15-323 Notice; penalties

Sec. 15-324 Certain property to be held and inspection of premises

Sec. 15-325 Purchase from minors prohibited

Sec. 15-326 Goods stolen or illegally obtained to be returned or surrendered

Sec. 15-327 Information required/false information

Sec. 15-328 Violations and penalties

XII. Reserved

XIII. Right-of-Way Contractors

Sec. 15-361 License required

Sec. 15-362 Application and fee for license and endorsement

Sec. 15-363 Bond required

Sec. 15-364 Insurance required

Sec. 15-365 Licenses and endorsements

Sec. 15-366 Issuance of license and fee

Sec. 15-367 Guarantee of work

Sec. 15-368 Suspension or revocation of license or endorsements

Sec. 15-369 Exceptions

XIV. Outdoor Vendors

Sec. 15-381 Definitions

Sec. 15-382 License required

Sec. 15-383 Application for license; license modification

Sec. 15-384 Contents of application

Sec. 15-385 Review and approval

Sec. 15-386 Requirements for issuance

Sec. 15-387 Restrictions and operation

Sec. 15-388 Renewal

Sec. 15-389 Transfer of license or location

Sec. 15-390 Restrictions due to changed conditions

Sec. 15-391 Revocation or nonrenewal

Sec. 15-392 Violations and penalties

Sec. 15-393 Administration

Sec. 15-394 Appeal

XV. Solid Waste Collection and Recycling Services

Sec. 15-411 Definitions

Sec. 15-412 License requirement

Sec. 15-413 Recycling requirement

Sec. 15-414 Designation of recyclable materials

Sec. 15-415 Application for license

Sec. 15-416 License requirements; fees and insurance

Sec. 15-417 Term of license

Sec. 15-418 Plans, recordkeeping and reports

Sec. 15-419 Disposal of solid waste

Sec. 15-420 Identification of vehicles

Sec. 15-421 Hours of operation

Sec. 15-422 Investigation of reports, records and other items relating to compliance with this Article

Sec. 15-423 Subpoenas and witness fees

Sec. 15-424 Attendance of witnesses and production of evidence to be compelled by Municipal or District Judge

Sec. 15-425 Depositions

Sec. 15-426 Suspension or revocation of license

Sec. 15-427 Notices

Sec. 15-428 Review of decisions of the City Manager

Sec. 15-429 Violations

Sec. 15-430 Other remedies unaffected

XVI. Medical Marijuana

Division 1 In General

Sec. 15-450 Title; purpose

Sec. 15-451 Medical marijuana businesses prohibited

Sec. 15-452 Violations and penalties

Division 2 Medical Marijuana Licensing Authority

Sec. 15-461 Creation

Sec. 15-462 Composition

Sec. 15-463 Functions

Division 3 Licenses, Fees, Regulations and Procedures

Sec. 15-471 License required

Sec. 15-472 Requirements of application for license; payment of application fee; denial of license

Sec. 15-473 Denial of application

Sec. 15-474 Persons prohibited as licensees

Sec. 15-475 Location and selection criteria

Sec. 15-476 Inspection fee

Sec. 15-477 Signage and advertising

Sec. 15-478 Warning signs

Sec. 15-479 Security requirements

Sec. 15-480 Report of disturbances and unlawful activity/p>

Sec. 15-481 Labeling

Sec. 15-482 Prohibited acts

Sec. 15-483 Visibility of activities; control of emissions

Sec. 15-484 Sales tax

Sec. 15-485 Inspection of licensed premises

Sec. 15-486 Nonrenewal, suspension or revocation of license

Sec. 15-487 Violations and penalties

Sec. 15-488 No City liability; indemnification

Sec. 15-489 Other laws remain applicable

Sec. 15-490 Severability

Sec. 15-491 Administrative regulations; action by City Council

XVII. Medical Marijuana Patients and Primary Caregivers

Sec. 15-500 Definitions

Sec. 15-501 Limitations

Sec. 15-502 Violations and penalties

Sec. 15-503 No defense or immunity

Sec. 15-504 Severability

Article XVII  Retail Marijuana

Division 1  In General

Sec. 15-601  Purpose

Sec. 15-602  Incorporation of state law

Sec. 15-603  Definitions

Division 2  Retail Marijuana Licensing Authority

Sec. 15-604  Creation

Sec. 15-605  Composition

Sec. 15-606  Functions

Division 3  Licenses, Fees, Regulations and Procedures

Sec. 15-607  License requirements

Sec. 15-608  Retail marijuana stores

Sec. 15-609  Retail marijuana cultivation facilities

Sec. 15-610  Retail marijuana products manufacturing facilities

Sec. 15-611  Retail marijuana testing facilities

Sec. 15-612  Requirements of application for license; payment of application fee

Sec. 15-613  Denial of application

Sec. 15-614  Persons prohibited as licensees

Sec. 15-615  Location criteria

Sec. 15-616  Operating fee

Sec. 15-617  Signage and advertising

Sec. 15-618  Warning signs

Sec. 15-619  Report of disturbances and unlawful activity

Sec. 15-620  Prohibited acts

Sec. 15-621  Visibility of activities; control of emissions

Sec. 15-622  Inspection of licensed premises

Sec. 15-623  Nonrenewal, suspension or revocation of license

Sec. 15-624  Violations and penalties

Sec. 15-625  No City liability; indemnification

Sec. 15-626  Other laws remain applicable

Sec. 15-627  Severability

Sec. 15-628  Administrative regulations


ARTICLE I.Go to the top
IN GENERAL*

Secs. 15-1—15-15. Reserved.


ARTICLE II.Go to the top
ALARM SYSTEMS

Secs. 15-16—15-85. Reserved.


ARTICLE III.Go to the top
AMUSEMENT DEVICES AND PLACES*

Sec. 15-86. License required.Go to the top

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. This licensing requirement shall not apply to the City.

(Code 1972, § 73-41; Ord. No. 36, 1994, § 1, 3-15-94; Ord. No. 130, 2002, § 24, 9-17-02)

Sec. 15-87. Applications for licenses.Go to the top

(a) A license to keep for gain or hire any of the tables, bowling alleys, whirlyball arenas or similar facilities, machines, galleries or games mentioned in § 15-86 may be granted in the discretion of the Financial Officer to any person who shall make application in writing to the Financial Officer, stating the room or place where such tables, alleys, machines, galleries, whirlyball arenas or similar facilities, skating rinks or games are to be kept or held and the number proposed to be kept.

(b) The application shall be accompanied by the amount of money required in § 15-89 for the license.

(Code 1972, § 73-42(A))

Sec. 15-88. Issuance of license.Go to the top

(a) Upon compliance with the requirements in this Article, a license may in the discretion of the Financial Officer be granted to the person applying, authorizing and permitting the keeping for gain or hire any of the tables, bowling alleys, whirlyball arenas or similar facilities, skating rinks, machines, galleries or games mentioned in this Article. The Financial Officer may refuse to grant any such license where in the opinion of the Financial Officer the applicant is not a person of good moral character or for other good cause shown.

(b) All licenses issued under this Article shall be signed by the Financial Officer. No license issued shall be transferable from the licensee except by and with the consent and at the discretion of the Financial Officer. No licensee shall be permitted to operate under the license in any place other than that mentioned in the application and license without the consent of the Financial Officer.

(Code 1972, § 73-42(B), (C))

Sec. 15-89. License fees and term.Go to the top

All licenses issued or granted under the provisions of § 15-87 shall be paid for at the following rates:

(1) For each pinball machine, the sum of fifty-three dollars ($53.) every six (6) months;

(2) For each of the tables named in § 15-86, the sum of eight dollars ($8.) every six (6) months;

(3) For each bowling alley, whirlyball arena or similar facility, or roller skating rink the sum of fifty-five dollars ($55.) per year;

(4) For each shooting gallery, the sum of eighty dollars ($80.) per year;

(5) For all other machines, electronic game machines, devices or other games described in this Article and for which no specific license fee is fixed, the sum of thirty-seven dollars and fifty cents ($37.50) every six (6) months.

(Code 1972, § 73-45)

Sec. 15-90. Regulations for licensees.Go to the top

(a) It shall be unlawful for any person who shall have been granted a license under the provisions of this Article or any clerk, agent or employee to permit any games for money or other valuable thing to be played upon the tables, machines, electronic game machines, alleys, whirlyball arenas or similar facilities, skating rinks or galleries mentioned in this Article or to permit any gaming by means of cards, dice or device for playing of games of chance or skill and chance within or about the establishment where such tables, machines or alleys are kept.

(b) It shall be unlawful for any person licensed to maintain billiard or pool tables, electronic game machines or any other game or device required to be licensed, but not including bowling alleys, whirlyball arenas, roller skating rinks or similar facilities, to permit any person except employees to enter the room or place where such table or games are kept between the hours of 12:00 midnight and 5:00 a.m. of any day or to permit any playing upon or with the tables or devices between such hours, provided that the hours for playing such games in establishments licensed to serve alcoholic beverages shall be extended from 12:00 midnight to 2:00 a.m.

(Code 1972, § 73-43)

Sec. 15-91. Revocation of licenses authorized.Go to the top

Any license issued or granted under the provisions of this Article may be revoked by the City Council whenever it shall be made to appear to the City Council that the person(s) to whom such license was issued or any agent or employee has directly or indirectly violated any of the provisions of this Article or the Code relating to the sale of intoxicating liquors.

(Code 1972, § 73-44)

Cross-reference—Alcoholic beverages, Ch. 3.

Secs. 15-92—15-105. Reserved.


ARTICLE IV.Go to the top
AUCTIONS, SPECIAL SALES AND SOLICITATIONS*

DIVISION 1. DOOR-TO-DOOR SOLICITATIONGo to the top

Sec. 15-106. Title; purpose.Go to the top

(a) This Division shall be known and cited as the "Fort Collins Door-to-Door Solicitation Ordinance."

(b) The provisions of this Division are intended to balance the First Amendment rights of residential solicitors in the City with the privacy, safety, health and welfare, of the City residents by:

(1) Requiring all commercial solicitors to conduct any door-to-door residential solicitation within the City pursuant to a permit and identification badge issued by the City;

(2) Reasonably limiting the hours of door-to-door solicitation activities; and

(3) Prohibiting solicitations at residences where the owner or occupant has prohibited solicitation in a manner consistent with the provisions of this Division.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-107. Definitions.Go to the top

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Applicant means any person or entity who has submitted an application for a permit.

Commercial solicitor means any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door commercial solicitation.

Door-to-door commercial solicitation means attempting to make personal contact with a resident at his or her residence, without prior specific invitation by or appointment with the resident, for the primary purpose of:

(1) Attempting to sell, for present or future delivery, any goods, wares or merchandise, other than newspaper or magazine subscriptions, or any services to be performed immediately or in the future, whether or not the person has, carries or exposes a sample of such goods, wares or merchandise, and whether or not he or she is collecting advance payments for such sales; or

(2) Personally delivering to the resident a handbill or flyer advertising a commercial event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a future time.

Door-to-door noncommercial solicitation means attempting to make personal contact with a resident at his or her residence, without prior specific invitation by or appointment with the resident, for the primary purpose of:

(1) Seeking or asking for a gift or donation for a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. 501 (c)(3);

(2) Soliciting the sale of goods, wares or merchandise for present or future delivery, or the sale of services to be performed immediately or in the future, with the entire proceeds of such sale to be paid directly to, or used exclusively for the benefit of, a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. 501(c)(3);

(3) Personally delivering to the resident a handbill or flyer advertising a future, not-for-profit event, activity, good or service;

(4) Proselytizing on behalf of a religious organization;

(5) Soliciting support for a political candidate or organization, or ballot measure or ideology; or

(6) Soliciting the sale of newspaper or magazine subscriptions.

Employer means any person, company, corporation, business, partnership, organization or any other entity on behalf of whom a person is acting.

Noncommercial solicitor means any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door noncommercial solicitation.

No-solicitation list means a list of the addresses of City residents who have requested that their residences be placed on a list maintained and published by the City for the purpose of informing the general public and prospective solicitors that all door-to-door solicitation at such addresses is prohibited.

Permit means a document issued by the Financial Officer authorizing a commercial solicitor to engage in door-to-door commercial solicitation.

Permit holder means any person to whom a permit has been issued under the provisions of this Division.

Person means a natural person or business entity, such as, without limitation, a corporation, association, firm, joint venture, estate, trust, business trust, syndicate, fiduciary, partnership or any group or combination thereof.

Public entity means the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.

Residence means a private residence in the City, including but not limited to, condominium units and apart¬ments, including the yards, grounds or hallways thereof.

Supervising staff means any person who manages or supervises commercial solicitors.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 1, 1-15-13)

Sec. 15-108. All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign.Go to the top

(a) No solicitor, whether commercial or noncommercial, shall enter or remain upon any private premises in the City if a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. For the purposes of this provision, if an occupant of a multi-family dwelling, as defined in Section 5.1.2 of the Land Use Code, wishes to prohibit door-to-door solicitation by the posting of a sign, the sign prohibiting solicitation must be posted at or near the entrance(s) to the occupant's individual dwelling.

(b) This provision shall apply to all solicitation, including, without limitation, all activities that are religious, charitable or political in nature and all solicitation of newspaper or magazine subscriptions.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 2, 1-15-13)

Sec. 15-109. No-solicitation list for commercial solicitations.Go to the top

(a) Any owner or lawful occupant of any residence within the City who wishes to prohibit door-to-door commercial solicitation at his or her residence may register the address of such residence with the City by completing a form prepared by the Financial Officer, which form may be submitted to the City either in person, by mail, or on the City's website. Such registration shall take effect thirty (30) calendar days after the date of the City's receipt of the registration form.

(b) The City Manager shall maintain and publish on the City's website a no-solicitation list consisting of all residential addresses that have been registered under Subsection (a) above and that have not been deleted by the City under Subsection (d) below or by the owner or lawful occupant of the registered property. Each permit holder shall be responsible for obtaining and reviewing a copy of such list immediately upon issuance of a permit under this Article and at such intervals thereafter as may be reasonably necessary to ensure compliance with the requirements of Subsection (c) below.

(c) As of the effective date of the registration of a residential address under Subsection (a) above, all door-to-door commercial solicitation at such address shall be prohibited until such time, if at all, that the address has been deleted from the no-solicitation list.

(d) Each residential address appearing on the City's no-solicitation list will remain on the list for two (2) years from the date it was submitted to the City, at which time it shall be deleted from the list unless a new form requesting no solicitation at such residence has been submitted by the owner or lawful occupant thereof. No less than sixty (60) calendar days prior to the deletion of any address from the no-solicitation list, the City Manager shall provide written notice to the property owner or occupant who registered the address with the City, which notice shall be sent to the registered address or to such other address as may have been provided to the City at the time of registration.

(e) Prior to the expiration of the two-year period referenced in Subsection (d) above, the owner or lawful occupant of any residence appearing on the no-solicitation list may cause such residence to be removed from the list by submitting a written request for removal of the same to the Financial Officer.

(f) Neither the City nor any of its officers, employees, agents or authorized volunteers shall be liable to any person for any injuries, damages or liabilities of any kind arising from or relating to any errors or omissions that may occur in compiling or maintaining the no-solicitation list.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-110. Permit and identification badge required for all commercial solicitors.Go to the top

(a) Any person seeking to engage in commercial door-to-door solicitation must obtain a permit from the Financial Officer and pay the permit fee as provided in this Division before commencing any such solicitation.

(b) All permits shall be issued in the name of the applicant. Upon issuance of each permit, the Financial Officer shall create and maintain a list of all persons authorized to engage in door-to-door commercial solicitation under the permit. It shall be the sole responsibility of the permit holder to:

(1) Provide a copy of the permit to each person authorized to engage in solicitation under the permit;

(2) Ensure that each person authorized to solicit under the permit complies with the terms and conditions of the permit and with the provisions of this Division;

(3) Notify the Financial Officer in writing of any persons to be added to or deleted from the list of authorized solicitors; and

(4) Submit to the Financial Officer, for each person to be added to such list, the information required under Subparagraph 15-111(a)(4), together with payment of the identification badge fee required under Subsection 15-111(c).

(c) The Financial Officer shall, within ten (10) business days of the City's receipt, via mail or in person, of a complete application for a permit under this Division, issue such permit, together with identification badges for all persons authorized to engage in door-to-door commercial solicitation under the permit, unless the Financial Officer determines that the permit application is denied under the criteria stated in Section 15-115.

(d) Subsequent to the issuance of any permit, and upon receipt of the information and fee required under Section 15-115 below, the Financial Officer shall, within five (5) business days, issue an identification badge to any new or additional person to be authorized to solicit under the permit as long as such person is not prohibited under Section 15-114. The Financial Officer shall also, within five (5) business days, issue a replacement identification badge to any solicitor who, by affidavit, notifies the Financial Officer that his or her identification badge has been lost or stolen, and who pays an additional identification badge fee as established under Subsection 15-111(c).

(e) If an employer applies for and is granted a permit under this Division, the employer shall be entitled to obtain identification badges from the Financial Officer for each employee or agent authorized to solicit under the permit. The identification badges shall contain a photograph of the solicitor, bear the words "Permitted Solicitor," include the names of the employer and solicitor, and the expiration date of the permit.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-111. Application contents; fees.Go to the top

(a) Each person applying for a door-to-door commercial solicitation permit shall file with the Financial Officer an affidavit on a form supplied by the Financial Officer stating:

(1) The full name, business address and business telephone number of the applicant;

(2) Information regarding the business as required by the Financial Officer, including, without limitation, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State;

(3) A complete list of all persons to be authorized to solicit under the permit and all supervising staff;

(4) For each person authorized to solicit under a permit and all supervising staff, the following information:

a. Names, address, telephone number and date of birth;

b. A current copy of the persons' criminal background check, as maintained by the Colorado Bureau of Investigation, dated no more than sixty (60) days prior to the date of the application;

c. A description of the individual including height, weight, color of eyes and color of hair; and

d. The number and state of issuance of the individual's motor vehicle operator's license or chauffeur's license, if any, or other state-issued photo identification.

(5) A brief explanation of the nature of the solicitation activity that requires a permit under this Division;

(6) If the applicant is a foreign corporation or an employee of such corporation, the name, address and telephone number of an agent for process residing in the state;

(7) Proof that the applicant has obtained a valid City sales and use tax license;

(8) Any other information determined to be relevant by the Financial Officer.

(b) At the time of application, the applicant shall also submit a photograph of each person to be authorized to solicit under the permit, taken no more than six (6) months prior to the date of application, which photograph fairly depicts the appearance of the proposed solicitor as of the date of application and which, in the judgment of the Financial Officer, is suitable for reproduction on the identification badge to be issued by the City.

(c) At the time of application, each applicant shall pay a fee in an amount determined by the Financial Officer to be sufficient to defray the costs incurred by the City in processing the application, plus an additional fee to defray the costs of preparing and issuing an identification badge for each person to be authorized to solicit under the permit, including the applicant. Said fees shall be nonrefundable.

(d) At the time of application, the applicant shall pay a fifty dollar ($50.) deposit for each badge, to be refunded to the permit holder at the expiration of the term of the badge or upon revocation or voluntary relinquishment.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 3, 1-15-13)

Sec. 15-112. Duration of permit; renewal.Go to the top

(a) Each permit shall be valid for two (2) years, effective from the date of issuance.

(b) Any permittee wishing to renew a permit issued under this Division must apply for the renewal of the permit no less than thirty (30) days prior to the expiration of its term. Said application shall be accompanied by a criminal background check as required under § 15-111(a)(4)b for each person who is to be authorized to solicit under the permit during the renewal term of the permit. If a permittee fails to apply for such renewal within said thirty-day period of time, the permit will expire. The renewal fee for each permittee shall be determined by the Financial Officer in an amount sufficient to defray the costs incurred by the City in processing the renewal application. Said fee shall be nonrefundable.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-113. Reserved.

Sec. 15-114. Persons prohibited.Go to the top

A person shall not be eligible for issuance of a permit or identification badge under this Division if:

(1) Such person has been released within the ten (10) years immediately preceding the application from any form of incarceration court-ordered supervision, including a deferred sentence, resulting from conviction of any felony or Class 1 misdemeanor under the laws of the State of Colorado or an equivalent offense under any federal, state, county or municipal law; or

(2) A permit or an identification badge previously issued to such person by the Financial Officer under§ 15-110 has been revoked by the Financial Officer under §§ 15-120 or 15-121 below.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 5, 1-15-13)

Sec. 15-115. Denial of permit.Go to the top

The Financial Officer shall deny an application for a permit or any renewal of a permit under this Division if the Financial Officer determines that the applicant has:

(1) Made any material misrepresentation or false statement in the application for the permit; or

(2) Failed to obtain a sales and use tax license as required by the City or to remit any sales tax due the City; or

(3) Been convicted of a felony or Class 1 misdemeanor under the laws of the State of Colorado or an equivalent offense under any federal, state, county or municipal law.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-116. False or deceptive representation prohibited.Go to the top

No person shall attempt to obtain, by telephone or otherwise, an invitation to visit any private residence for the purpose of soliciting the purchase or sale of goods, services or any other thing of value, by knowingly making a false or deceptive representation or statement.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-117. Duty to display identification badge and to exhibit permit.Go to the top

(a) Any commercial solicitor engaging in door-to-door commercial solicitation under a permit issued pursuant to this Division shall conspicuously display his or her identification badge.

(b) Whenever requested by any police officer or by any customer or prospective customer, any commercial solicitor engaged in door-to-door commercial solicitation under a permit issued pursuant to this Division shall exhibit his or her identification badge and permit.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-118. Permissible times.Go to the top

All door-to-door commercial solicitation and all door-to-door noncommercial solicitation shall be undertaken and completed between the hours of 9:00 a.m. and sunset as announced and published by the National Weather Service daily.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-119. Transfer of permits prohibited.Go to the top

No permit issued pursuant to this Division shall be transferred to any person.

(Ord. No. 060, 2011, § 1, 5-17-11)

Sec. 15-120. Suspension or revocation of identification badge.Go to the top

After written notice of no less than ten (10) calendar days and a hearing, if requested in writing by the badge holder within twenty (20) calendar days after the date of mailing of such notice, the Financial Officer may suspend or revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall not be limited to, the following:

(1) Failure to solicit in a manner that is in compliance with the permit and the provisions of this Division;

(2) Soliciting in such a manner as to constitute a menace to the health, safety or general welfare of the public.

In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately proceed with the foregoing administrative action prior to the resolution of such citation.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 6, 1-15-13)

Sec. 15-121. Suspension, revocation or nonrenewal of permit.Go to the top

After written notice of no less than ten (10) calendar days and a hearing if requested in writing by the badger holder within twenty (20) calendar days after the date of the mailing of such notice, the Financial Officer may suspend and revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall not be limited to, the following:

(1) Fraud, misrepresentation or false statement in the application for the permit or any renewal application, including, without limitation, representations made as to the criminal history of any person to be authorized to solicit under the permit;

(2) Failure to obtain a sales and use tax license as required by the City or to remit any sales tax due the City;

(3) Failure to supervise solicitation conducted under the permit so as to reasonably ensure that such solicitation is in compliance with the terms of the permit and with the provisions of this Division; or

(4) Authorizing, condoning or knowingly tolerating any unlawful solicitation or any solicitation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public.

In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately proceed with the foregoing administrative action prior to the resolution of such citation.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, § 7, 1-15-13)

Sec. 15-122. Emergency summary suspension of identification badge or permit.Go to the top

(a) If reasonable grounds exist to believe that a permittee and/or badge holder has engaged in illegal activity such that the public health, safety or welfare imperatively requires emergency action, the Financial Officer may summarily suspend the permit and/or badge pending the outcome of the proceedings set forth in § 15-120 or § 15-121 above, as applicable.

(b) The temporary suspension of a permit or badge without notice pending a hearing shall be for a period not to exceed fifteen (15) days.

(Ord. 154, 2012, § 8, 1-15-13)

Sec. 15-123. Displaying a badge after suspension, revocation or nonrenewal.Go to the top

No person shall display an identification badge after it has been invalidated by suspension, revocation or nonrenewal.

(Ord. 154, 2012, § 9, 1-15-13)

Sec. 15-124. Promulgation of rules and regulations.Go to the top

The Financial Officer may promulgate administrative rules and regulations to effectuate the purposes of this Article.

(Ord. 154, 2012, § 10, 1-15-13)

Sec. 15-125. Records.Go to the top

The Financial Officer shall maintain records showing each permit issued and the alleged violations of this Division.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, §§ 8—10, 1-15-13)

Sec. 15-126. Appeal.Go to the top

An applicant may appeal any decision relating to his or her permit by the Financial Officer or hearing officer to the City Manager in accordance with Chapter 2, Article VI of the City Code. The City Manager's decision shall be final.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, §§ 8—10, 1-15-13)

Sec. 15-127. Administrative Regulations..Go to the top

The Financial Officer is authorized to promulgate rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Division.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, §§ 8—10, 1-15-13)

Sec. 15-128. Violations and penalties.Go to the top

In addition to the revocation, suspension or denial of a permit or identification badge issued under this Division, any applicant, permittee or solicitor who violates any of the provisions of this Division, and any person who violates §§ 15-108, 15-109, 15-115 or 15-117, shall be guilty of a misdemeanor punishable in accordance with § 1-15.

(Ord. No. 060, 2011, § 1, 5-17-11; Ord. 154, 2012, §§ 8—10, 1-15-13)

DIVISION 2. AUCTIONSGo to the top

Sec. 15-129. License required for public auctions.Go to the top

It shall be unlawful for any persons to engage in the business of selling any property at public auction in the City without first having obtained a license as provided in this Division. Sales made under and by virtue of legal processes or under and by virtue of any power contained in mortgages, trust deeds or similar instruments are hereby excepted from the provisions of this Division.

(Code 1972, § 73-28; Ord. No. 060, 2011, §2, 5-17-11)

Sec. 15-130. License fees and term.Go to the top

(a) The fee for an auctioneer's license shall be twenty-five dollars ($25.) per year, payable in advance.

(b) All annual licenses issued hereunder shall terminate on December 31 of each year. The fee for a renewal license shall be due and payable on January 1 of each year. Whenever an applicant who did not hold a license for a previous year applies after January 1 for a license, the Financial Officer shall prorate the license fee and charge only that part applicable to the remaining part of the whole year. In making such proration, the month shall be considered as the smallest subdivision of the year. Quarterly licenses may be issued for any consecutive three-month period but shall run from the first day of the month in which the license is issued, and there shall be no proration on account of any partial month.

(Code 1972, § 73-30; Ord. No. 060, 2011, §2, 5-17-11)

Sec. 15-131. Issuance of licenses; transfer prohibited.Go to the top

The licenses provided for in this Division shall only be issued upon application to the Financial Officer and upon the payment in advance of the fee. Such license shall be valid only in the hands of the person to whom it is issued and it shall not be transferable.

(Code 1972, § 73-31; Ord. No. 060, 2011, §2, 5-17-11)

Secs. 15-132—15-135. Reserved.

DIVISION 3. SPECIAL SALES*Go to the top

Sec. 15-136. License required; exceptions.Go to the top

Every person engaged in the City in the business of selling goods, wares and merchandise known or advertised in any way to be goods, wares or merchandise bought at fire sales, auction sales or the stock of insolvents or advertised in any way for the purpose of inducing customers to believe that they will be sold for prices at or below actual cost from the wholesaler or manufacturer, shall be required to pay to the City in advance a license or occupation tax of two hundred fifty dollars ($250.) for each six (6) months or part thereof engaged in such business. This Division shall not apply to merchants regularly and permanently engaged in the City in business in which the selling of damaged, bankrupt and fire sales is only a feature of the business and who have paid and expect to pay annual City taxes assessed upon their stock of merchandise.

(Code 1972, § 73-19)

Sec. 15-137. Violations and penalties.Go to the top

Any person, partnership or corporation engaged in the business described in § 15-136, excepting such as come within the terms of that Section, who shall see or expose for sale goods, wares and merchandise bought at fire sales or auction sales or damaged stock, bankrupt stock or the stock of insolvents known or advertised as such or advertised in any way for the purpose of inducing customers to believe that such goods will be sold for prices at or below cost from the wholesaler or manufacturer without being duly licensed as required by § 15-136 shall be guilty of a misdemeanor, and any person acting as agent or manager and in control of such stock or a part thereof shall be guilty of a misdemeanor.

(Code 1972, § 73-20)

Cross-reference—General penalty, § 1-15.

Secs. 15-138—15-150. Reserved.


ARTICLE V.Go to the top
CONTRACTORS**

Sec. 15-151. Intent.Go to the top

The intent and purpose of this Article is to establish minimum qualification, liability insurance and conduct standards for persons engaged in construction, alteration or repair of buildings or portions thereof and for persons performing specialized trades as regulated under this Article on such buildings, through the issuance of contractor licenses and supervisor certificates as provided hereunder.

(Ord. No. 36, 2001, 3-6-01)

Sec. 15-152. General.Go to the top

The Building Official shall administer the provisions of this Article and shall adopt reasonable rules and procedures for such purposes.

(Ord. No. 36, 2001, 3-6-01)

Sec. 15-153. Definitions.Go to the top

For the purpose of this Article, the following terms shall have the meanings indicated:

Board shall mean the Building Review Board of the City of Fort Collins.

Building code shall mean the building code adopted by the City as specified in Chapter 5, Article II, Division 2 of the Code.

Building Official shall mean the duly appointed City official as specified in the building code adopted by the City.

Construction shall mean the erection, alteration, repair or remodeling of any building or structure or portion thereof regulated by Chapter 5, Article II, Division 2 of the Code; and work regulated under the City mechanical code as adopted in Chapter 5, Article IV of the Code.

Construction value shall mean the total replacement costs, as defined in the building code, for a particular construction project.

Contractor, unless specifically exempted in the Article, shall mean any person, firm, partnership, corporation, association, other organization or any combination thereof, that undertakes with or for another on any property within the City any construction, demolition, or specialized trade for which a license as named in this Article is required and for which said construction or demolition a fixed fee, trade-in-kind or other compensation is made.

Deconstruction shall mean the systematic total removal of building components for the purpose of recycling or re-use.

Employee shall mean a person who is eligible for Colorado Workers' Compensation insurance and unemployment insurance benefits, is employed by a contractor to perform construction work, to which person a wage or salary is directly paid as an individual. For purposes of this Article, any worker who qualifies as an independent contractor under state law is not considered an employee of a contractor.

Exempt specialized trade subcontractor shall mean any person who is registered with the City as an exempt specialized trade subcontractor, which subcontractor is not an employee as defined in this Section, and which subcontractor is paid or otherwise compensated to perform construction or a trade for which a specialized trade contractor license as specified in this Article is required, except that any such subcontractor may perform such work without obtaining a license when such work is exclusively performed pursuant to a direct subcontract with a licensed specialized trade contractor. No subcontractor shall be exempt from the licensing requirements of this Article as an exempt specialized trade sub-contractor when such subcontractor works pursuant to a direct subcontract with any of the Classes A, B, C-1, C-2, D-1, D-2 or E general contractors to perform construction regulated under this Article.

Significant structural alteration shall mean the structural modification of any building or portion thereof which entails the construction, alteration, replacement or repair of load-bearing elements including, without limitation, the foundation system, the bearing walls, the structural frame (as defined in the building code), the roof framing members or the floor framing members. Notching and boring of holes in such members for the passage of piping and wiring as permitted in the building code does not constitute significant structural alteration.

Supervisor shall mean a person who holds a supervisor certificate as specified in this Article and who is actively working exclusively for a licensed contractor expressly to provide direct, personal and ongoing on-site construction supervision of a construction project undertaken by the contractor. Such person must be an employee, an owner, or other person having substantial ownership interest in the contracting firm of said licensed contractor.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 2, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, §§ 1, 2, 11-20-12)

Editor's note—Definitions and rules of construction generally, § 1-2.

Sec. 15-154. License and registration required.Go to the top

(a) Except as otherwise permitted in this Article, no person may perform construction work or trade as a contractor, including deconstruction work, named in this Article within the City without first obtaining a license and designating an approved supervisor or register as specified in this Article. No building permits shall be issued to any contractor who has not obtained a license, does not have valid insurance as set forth herein, is delinquent in the payment of the biennial license fee or whose license is expired or has been suspended or revoked.

(b) For any construction requiring a licensed contractor, permits shall be issued only to the property owner or to a licensed contractor or to the contractor's authorized representative. Should a contractor be released from or abandon such construction project, said contractor shall immediately notify the Building Official, in writing, of such action. No further work shall be done on such project until the Building Official is notified in writing of such intended resumption of work by a licensed contractor.

(c) No person shall engage in the business of contracting for the installation of electrical work in the City without registering as an electrical contractor with the Department of Community Development and Neighborhood Services. In order to register as required herein, the person must perform the following:

(1) Be licensed as a master electrician by the State Electrical Board or have an employee so licensed. The registration required herein shall be valid only as long as the registrant is licensed or employs a person so licensed;

(2) Provide workers' compensation and general liability insurance as specified in Section 15-163;

(3) Provide supervision and maintain licenses as required by the State Electrical Board for all apprentice and journeyman electricians.

(d) No person shall engage in the plumbing trade or business in the City without registering as a plumber with the Department of Community Development and Neighborhood Services, and no person shall engage in the business of a plumbing contractor in the City without registering as a plumbing contractor with the Department of Community Development and Neighborhood Services. For the purpose of this Section, plumbing contractor means any person who undertakes or offers to undertake for another the planning, laying out, supervising and installing or the making of additions, alterations and repairs to potable water supply and distribution pipes and piping, plumbing fixtures, drainage and vent pipes and building drains, including their respective joints and connections, devices, receptacles and appurtenances. A registered professional engineer who plans or designs plumbing installations shall not be classified as a plumbing contractor. In order to register as a plumbing contractor, the person desiring to engage in such business must do the following:

(1) Be licensed as a master plumber by the State Examining Board of Plumbers or have an employee so licensed and registered. The registration as a plumbing contractor shall be valid only so long as the person registered is so licensed and registered or employs a person so licensed and registered;

(2) Provide workers' compensation and general liability insurance as specified in Section 15-163;

(3) Pay a registration fee of two hundred dollars ($200.) to the City, valid for a period of two (2) years from the date of payment; and

(4) Provide supervision and maintain licenses as required by the State Examining Board of Plumbers for all apprentice and journeyman plumbers.

(e) No person shall engage in the business of an exempt specialized trade subcontractor in the City without registering as an exempt specialized trade subcontractor with the Department of Community Development and Neighborhood Services. In order to register as an exempt specialized trade subcontractor, the person desiring to engage in such business must do the following:

(1) Register as an individual or as a company listing all employees to be recognized by the registration.

(2) List all specialized trade contractors that are under contract with the exempt specialized trade subcontractor.

(3) Pay a registration fee of two hundred dollars ($200.) to the City, valid for a period of two (2) years from the date of payment.

(4) Provide workers' compensation and general liability insurance as specified in Section 15-163.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 5, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 3, 11-20-12)

Sec. 15-155. Exemptions.Go to the top

The parties and conditions described herein shall be exempt from the general requirements specified in this Article:

(1) A building owner and any unpaid volunteers or paid workers employed by said owner who perform only minor alterations and repairs to such building, provided that all such work is under the continuous personal supervision of said owner, and further provided that no building owner, or unpaid volunteer or paid worker employed by said owner, may engage in the following types of work without obtaining the appropriate contractor license:

a. Alterations to the primary or secondary structural framework (except for the repair and replacement of existing windows and doors, provided that such repair or replacement does not create larger openings or greater spans for headers);

b. Alterations to fire-resistive assemblies as defined in the building code;

c. Alterations to or the installation of electrical, plumbing or mechanical systems, except for fixture replacement and emergency repairs;

d. Replacement of more than a total of one (1) square (one hundred [100] square feet) of roofing; or

e. Nonstructural construction, alterations or repairs to a building performed by the building owner, or by his or her unpaid volunteer or paid workers, when the total construction value of all work (including the related work done on the project by licensed specialized trade contractors) exceeds two thousand dollars ($2,000.).

(2) An owner of a detached single-family dwelling, and his or her unpaid volunteers working under the continuous personal supervision of the owner, may perform construction work on such dwelling and any associated accessory buildings, provided that the dwelling is the owner's personal primary residence, and further provided that the owner commences construction of no more than one (1) such new dwelling within any twenty-four-month period. In the event such dwelling is destroyed or damaged, reconstruction thereof shall be exempt from the foregoing time period. Prior to performing any such construction, demolition or deconstruction, the owner must demonstrate sufficient knowledge and proficiency required to perform said construction as determined by the Building Official.

(3) An employee of a contractor who is not otherwise regulated under this Article.

(4) A partner, owner, or other company official of a licensed contractor who performs on-site construction under the direction of a qualified supervisor.

(5) An exempt specialized trade subcontractor registered with the City and under a direct contract with a licensed specialized trade contractor as defined in this Article.

(6) Any person, firm, partnership or corporation performing the following types of construction or installations: wallboard; nonstructural masonry; nonstructural wood frame systems; finish and trim carpentry; nonstructural concrete floors, sidewalks, stairs, landings and drives; nonstructural steel systems; siding; ceramic and synthetic tile; counter surfaces and cabinets; flooring and carpet; wall and ceiling finishes; insulation; glazing; windows and doors and associated hardware; rain gutters; fences; aboveground manufactured swimming pools and spas; entertainment, data and communication systems within any building including related wiring supplying not more than fifty (50) volts and which does not require a state electrical license; excavation and grading; landscaping; irrigation systems excluding back-flow prevention devices; sewer lines downstream of any building drain as defined in the Colorado Plumbing Code; elevators and escalators; and radon piping systems.

(7) Any person who is, without pay or compensation of any kind, performing construction and who is supervised directly by a licensed contractor and supervisor as specified in this Article.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 3, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 4, 11-20-12)

Sec. 15-156. Duties of Building Review Board.Go to the top

The Building Review Board shall have the duties and perform the functions as set forth in § 2-119 of the Code, which duties and functions include, without limitation, hearing all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code. The Building Review Board is authorized, upon appeal in specific cases, to grant variances from the terms of this Article, where the strict application of any provision of this Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated; or, when such applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in this Article, such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, and provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 4, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01)

Sec. 15-157. Supervisor certificate; fees; examinations; renewals.Go to the top

(a) No contractor as defined in this Article shall perform construction, demolition or deconstruction that requires a permit without designating a supervisor to supervise such construction, demolition or deconstruction pursuant to this Article.

(b) Prior to issuance of a building permit to the holder of any contractor license specified in this Article, the holder of said license shall possess a supervisor certificate or shall have employed at least one (1) supervisor who has obtained a certificate for the specific class or specialized trade specified in this Article required to perform the scope of construction described on said permit. A supervisor certificate is valid for a period of two (2) years from the date of issuance and the biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall observe reasonable standards of attendance on construction sites as necessary to perform adequate supervision of such construction as further specified in § 15-161 of this Article.

(c) Prior to obtaining a supervisor certificate, except as provided otherwise in this Article, an applicant for such certificate shall have passed a written examination administered or approved by the City or the equivalent of such examination as determined by the Building Official. Every applicant who undergoes a written examination administered by the City shall pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such examination. Any applicant who fails to achieve a minimum score of seventy-five (75) percent shall be entitled to another examination covering the same license class or specialized trade, provided that the applicant shall not be permitted more than two (2) such examinations within any six-month period unless otherwise approved by the Board. Alternatively, an applicant may be granted a third such examination within any six-month period upon the applicant demonstrating to the satisfaction of the Building Official adequate preparation for the examination by successfully completing a class or coursework covering the building code or other code as applicable, or the equivalent thereof as approved by the Building Official. The applicant shall pay a nonrefundable re-examination fee of fifty dollars ($50.) for each subsequent examination covering the same license class or specialized trade. Examinations shall be given at a time and place designated by the Building Official. The written examination for a supervisor certificate may be waived by the Building Official provided that the applicant can prove that he or she has passed a satisfactory written examination equivalent in scope to that administered by the City.

(d) A supervisor certificate may be renewed provided that the biennial fee is paid and renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. When such adopted code over which the renewing certificate holder passed an examination has been substantially revised prior to the time of such renewal, the certificate holder must attest and certify, on a form provided by the City, that he or she has received and reviewed a copy of the City's latest amendments, or has attended a City-provided training class. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed in Subsection (c) above, provided that the adopted building code or other applicable code over which such applicant passed an examination remains in effect at the time the renewed certificate is obtained.

(e) The Building Official may grant a temporary supervisor certificate valid for thirty (30) days without an examination based upon individual extraordinary circumstances and upon finding that any petitioner for such certificate is otherwise qualified. Any person seeking such temporary certificate must submit a written request describing in detail the justification for such certificate and a completed application for a supervisor certificate, including all necessary fees as provided in § 15-158.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 6, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 5, 11-20-12)

Sec. 15-158. Applications; review; issuance.Go to the top

(a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information:

(1) The individual applicant's name, the contractor's business name under which license the applicant is associated or will be working, a current mailing address and telephone number, and one (1) form of photographic identification of the applicant;

(2) Documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents, and the same person cannot be the signatory on all three (3) documents. Said signatory shall be a project owner, contractor, architect or professional engineer directly involved in the construction of said project, and said person shall have worked directly with the applicant. Additionally, said documents shall contain the following information where applicable to the license or contractor certificate sought;

a. The total floor area and number of stories (as defined in the building code) of each building in the project,

b. The building construction type as defined in the building code,

c. The building occupancy classification as defined in the building code,

d. The date the project was completed,

e. The address, contractor of record and permit number (when applicable) for the project,

f. A description of the project which the applicant directly supervised or for which the applicant was the contractor of record, whichever is applicable, in sufficient detail to fully describe the extent of the construction or alteration or specialized trade work. Such description must describe all relevant work, such as that involving the foundation, the exterior structural elements, the interior bearing walls, the nonbearing walls and elements, the electrical systems, the plumbing systems, the mechanical systems, roofing, and any other specialized trade work that may be applicable to the license or certificate sought,

g. A complete description of the applicant's position and responsibilities on the project, and

h. The signatory's role in the project; and

(3) The applicant's disclosure of any disciplinary action (whether by the City or any other jurisdiction) taken against the applicant or against any licenses currently or previously held by the applicant; and

(4) A signed statement by the applicant acknowledging the obligations associated with such license or certificate.

(b) All such applications shall be accompanied by a nonrefundable processing fee of seventy-five dollars ($75.) for each such application.

(c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following:

(1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article;

(2) Payment of the applicable fee;

(3) Written proof of general liability and workers' compensation insurance as required in this Article; and

(4) All documents required to be provided in Subsection (a) above.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 7, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 6, 11-20-12)

Sec. 15-159. Minimum experience qualifications.Go to the top

(a) Minimum experience requirements for Classes A, A-DR, B, B-DR, C-1, C-1-DR, C-2, C-2-DR, D-1, D-2, D-DR, E, ER and MM general contractor licenses, specialized trade contractor licenses, and associated supervisor certificates as described in § 15-160 are as hereafter provided in this Section. In order to qualify for such minimum experience, all construction and specialized trade installation projects are subject to the Building Official's review and approval for sufficient variety and complexity. All such projects shall have been constructed or installed primarily by, the applicant or under the applicant's direct control. The particular license type and respective required minimum documented experience are described as follows:

(1) To qualify for a Class A license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings, each of which must have exceeded five (5) stories in height.

(2) To qualify for a Class A-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings, each of which must have exceeded five (5) stories in height.

(3) To qualify for a Class B license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings, each of which must have exceeded three (3) stories in height.

(4) To qualify for a Class B-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings, each of which must have exceeded three (3) stories in height.

(5) To qualify for a Class C-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings of Type III, IV or V construction.

(6) To qualify for a Class C-1-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings of Type III, IV or V construction.

(7) To qualify for a Class C-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings classified as Type V construction and of Group R occupancy. At least one (1) such building described herein shall not be less than three (3) stories in height as defined in the building code.

(8) To qualify for a Class C-2-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings of Type V construction, with one (1) building being at least three (3) stories in height.

(9) To qualify for a Class D-1 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire buildings classified as R-3 Occupancies (single-family or townhomes).

(10) To qualify for a Class D-2 license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) completed projects classified as additions or alterations to R-3 Occupancies (single-family or townhomes), each project being at least one thousand (1,000) square feet.

(11) To qualify for a Class D-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings of Type V construction classified as R-3 Occupancy (single-family or townhome).

(12) To qualify for a Class E (commercial) license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the nonstructural alteration of three (3) entire projects, each of which shall be nonresidential in use. Each such project shall exceed twenty thousand dollars ($20,000.) in total construction value and at least one (1) such project shall exceed fifty thousand dollars ($50,000.) in total construction value.

(13) To qualify for a Class ER (residential) license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the nonstructural alteration of three (3) entire residential projects. Each such project must have exceeded fifteen thousand dollars ($15,000.) in total construction value and at least one (1) such project must have exceeded thirty thousand dollars ($30,000.) in total construction value.

(14) To qualify for a Class MM license or supervisor certificate, the applicant must have constructed or acted principally in the role of supervisor for the construction of three (3) entire projects, such as storage sheds, playhouses, greenhouses, gazebos, and unenclosed structures such as carports and patio covers, open porches and decks, each of which must have been associated with a detached single-family dwelling.

(15) To qualify for any of the specialized trade contractor licenses or certificates regulated under this Article, the applicant must submit to the Building Official written verification describing experience in such specialized trade as prescribed hereunder:

a. An applicant must submit written verification to the Building Official describing not less than three (3) completed projects which demonstrate that the applicant possesses at least two (2) years of supervisor experience in the specialized trade applicable to the particular license or contractor supervisor certificate sought.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 7, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 8, 11-20-12)

Sec. 15-160. License classifications; fees; renewals.Go to the top

(a) The particular contractor license required and corresponding maximum scope of construction authorized under each license is described hereunder. All licenses are valid for a period of two (2) years from the date of issuance and the fee for each license is two hundred dollars ($200.). A license may be renewed provided said biennial fee is paid within sixty (60) days following the anniversary date such license was issued. When the license fee is not paid within such sixty-day period, the license shall expire and is not eligible for renewal. The holder of an expired license may be reissued such license by submitting a new application and paying all applicable fees as set forth in § 15-158.

(b) Plumbers and exempt specialized trade subcontractors shall pay registration fees in accordance with § 15- 154.

(c) The Class A, A-DR, B, B-DR, C-1, C-1-DR, C-2, C-2-DR, D-1, D-2, D-DR, E, ER and MM general contractor licenses described in this Section and their employees may perform specialized trade contractor work such as roofing, demolition or deconstruction, framing and awnings on projects for which permits have been issued to the general contractor. The listed licenses do not authorize the holders thereof or their employees to perform specialized trade contractor work described to the following specialized construction trades: electric, plumbing, HVAC, refrigeration, solar energy, alarms, fire-sprinkler systems, special fire extinguishing, gas piping, WTS and flammable fuel facilities.

(1) A Class A general contractor license holder shall be authorized to construct, demolish or deconstruct any building or structure in the City that is regulated under the building code, including all work authorized by license types below this level.

(2) A Class A-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to structural damage to any building or structure in the City regulated under the building code, including all work authorized by damage repair and restoration license types below this level.

(3) A Class B general contractor license holder shall be authorized to construct, demolish or deconstruct any building or structure in the City regulated under the building code up to and including five (5) stories in height, and including all work authorized by license types below this level.

(4) Class B-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to structural damage to any building in the City regulated under the building code, up to and including five (5) stories in height, and including all work authorized by damage repair and restoration license types below this level.

(5) A Class C-1 general contractor license holder shall be authorized to construct, demolish or deconstruct any building or structure in the City that is regulated under the building code and which does not exceed three (3) stories in height of construction Types III, IV and V, and including all work authorized by license types below this level.

(6) A Class C-1-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to structural damage to any building or structure in the City regulated under the building code that does not exceed three (3) stories in height and limited to construction Types III, IV and V, including all work authorized by damage repair and restoration license types below this level.

(7) A Class C-2 general contractor license holder shall be authorized to construct, demolish or deconstruct any building or structure in the City classified by the building code as Type V construction and a Group R or a Group U, Division 1 occupancy that does not exceed three (3) stories in height, including all work authorized by license types below this level, and including other ancillary Type V buildings or structures that are associated with a particular multi-family housing project, such as management offices, community and recreation buildings, maintenance buildings and similar uses.

(8) A Class C-2-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to: (1) structural damage to any building or structure in the City regulated under the building code classified as Type V construction and a Group R or a Group U, Division 1 occupancy which does not exceed three (3) stories in height; and (2) structural damage to other ancillary Type V buildings or structures that are associated with a particular multiple-unit housing project, including all work authorized by damage repair and restoration license types below this level.

(9) A Class D-1 general contractor license holder shall be authorized to construct, demolish or deconstruct any building or structure in the City classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy or townhomes (aka single-family attached) as regulated by the International Residential Code, including all work authorized by residential license types below this level.

(10) A Class D-2 general contractor license holder shall be authorized to construct, demolish or deconstruct residential garages of Group U, Division 1 occupancies up to one thousand (1,000) square feet; construct, demolish or deconstruct additions to detached single-family dwellings not exceeding one thousand (1,000) square feet in total floor area; perform any structural alterations or repairs to any building or structure in the City classified by the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy; and construct or repair exterior decks of any size associated with single-family and/or multi-family project, including all work authorized by residential license types below this level.

(11) A Class D-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to structural damage to any building or structure in the City regulated under the building code as a Group R, Division 3 occupancy housing not more than two (2) dwelling units, or a Group U, Division 1 occupancy or townhomes (aka single-family attached) as regulated by the International Residential Code.

(12) A Class E (commercial) general contractor license holder shall be authorized to perform any nonstructural alteration work to any building or structure in the City, including all work authorized by license types below this level.

(13) A Class ER (residential) general contractor license holder shall be authorized to perform any non-structural alteration work to any residential building or structure in the City regulated under the International Residential Code, including single-family, duplex and townhomes (aka attached single-family), including all work authorized by Class MM (Miscellaneous and Minor Structures).

(14) A Class MM (Miscellaneous and Minor Structures) general contractor license holder shall be authorized to construct, demolish or deconstruct the following projects associated with detached single-family dwellings: detached structures such as shelters, storage sheds, playhouses, greenhouses and gazebos, unenclosed structures such as open carports, patio covers, open porches and decks. All such projects shall be limited to one-story buildings or structures not exceeding three hundred (300) square feet in floor area.

(d) A specialized trade contractor license and a specialized trade contractor supervisor certificate shall be required for any contractor performing any specialized trade listed herein. Prior to any specialized trade supervisor being issued a supervisor certificate, the applicant for such certificate shall successfully complete a written examination as provided in § 15-157, or the applicant shall provide proof of equivalent technical qualification as determined by the Building Official. Applicants for a specialized trade contractor license or a specialized trade contractor supervisor certificate shall submit an application and documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed specialized trade projects as set forth under § 15-158 of this Article. Each specialized trade contractor license regulated under this Article is listed and described hereunder with respect to the scope of work authorized by each such license as follows:

Alarm systems authorizes the installation, testing, maintenance and servicing of fire alarms as specified in the applicable provisions of the National Fire Alarm Code, NFPA 72 and the National Electrical Code, NFPA 70; including related wiring supplying not more than fifty (50) volts that does not require a state electrical license.

Awnings authorizes the erection and attachment of awnings to buildings as regulated under the building code, including such awnings incorporating signage or graphics requiring a sign permit from the City.

Demolition authorizes the razing of entire buildings and other structures regulated by the building code, excluding such work as deconstruction, partial or interior demolition work associated with alterations.

Electricians authorizes the installation of electrical systems as regulated by the State of Colorado.

Fire sprinkler system authorizes the installation of automatic fire suppression systems, including standpipes that use pressurized water as the primary extinguishing agent, and which are designed to protect entire buildings, rooms or areas and processes, other than combination potable water/residential fire sprinkler systems regulated under the International Residential Code.

Fireplace appliances authorizes the installation of nonportable listed manufactured fuel-burning fireplace appliances and associated chimneys or vents, excluding equipment for industrial processes or for providing primary space heating, ventilation, cooling or water heating; and excluding any building modifications, alterations or additions.

Flammable fuel facilities authorizes the installation, alteration or removal of tanks, piping and dispensing equipment for petroleum fuels or other fuels as regulated by the City fire code, including related electrical wiring supplying not more than fifty (50) volts.

Gas piping authorizes the installation of piping and fittings for supplying fuel-gas, and the replacement of water heaters when such water heater replacement does not involve alteration of water supply piping or appliance venting.

HVAC-C (commercial) authorizes the installation of environmental nonportable heating, ventilation, air conditioning systems including commercial boilers and the related piping, ducts, venting, appliances, controls and electrical wiring (supplying not more than fifty [50] volts), including all work authorized by HVAC-R and HVAC-RR.

HVAC-R (residential) authorizes the installation of environmental nonportable heating, ventilation, air conditioning systems, including residential boilers and replacement of equipment, for single-family dwelling units including duplex, multi-family and townhomes (aka single-family attached) and the related piping, ducts, venting, appliances, controls and electrical wiring (supplying not more than fifty [50] volts).

HVAC-RR (repair and replacement) authorizes the replacement installation of environment nonportable heating, ventilation, air conditioning equipment and the related piping, ducts, venting, appliances, controls and electrical wiring (supplying not more than fifty [50] volts) associated with the repair or replacement.

Plumbers authorizes the installation of plumbing systems as regulated by the State of Colorado.

Refrigeration authorizes the installation of nonportable evaporative, absorption and mechanically operated refrigeration equipment, including piping, vessels, controls and electrical wiring (supplying not more than fifty [50] volts).

Roofing authorizes the application of nonstructural roof covering and materials as regulated by the building code, including the replacement or repair of sheathing on existing roofs of slopes two (2) inches in twelve (12) inches or steeper.

Roofing plus authorizes the application of nonstructural roof covering and materials as regulated by the building code, including the replacement or repair of sheathing on existing roofs or slopes less than two (2) inches in twelve (12) inches.

Signs authorizes the installation and erection of permanent signs requiring a sign permit from the City, excluding electrical work regulated by the City electrical code requiring a state license.

Solar energy hydronic authorizes the installation of solar heat collectors, storage tanks and related piping, and related electrical wiring supplying not more than fifty (50) volts.

Solar energy PV authorizes the installation of photovoltaic collectors and related electrical wiring supplying stand-alone or utility grid systems.

Wood frame construction (framing) authorizes the construction of Type IV and Type V structural framing systems as regulated under the building code, including the application of sheathing and siding.

WTS authorizes the installation of outdoor wireless telecommunication systems, including related equipment, towers, antennas and the construction of unoccupied minor related buildings housing only equipment, and associated cables and electrical wiring supplying not more than fifty (50) volts that does not require a state electrical license.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 8, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 9, 11-20-12)

Sec. 15-161. Responsibilities of contractor; supervisor.Go to the top

(a) The contractor of record as authorized by a building permit shall be responsible for all work performed under said permit without substantial departure from the drawings and specifications filed and approved by the City as specified on the permit issued for said construction, unless changes are approved by the City, and shall observe the following standards:

(1) The contractor of record shall obey any order or notice issued pursuant to adopted codes of the City.

(2) The contractor of record shall observe generally accepted safety standards.

(3) The contractor of record shall employ an approved on-site supervisor as specified in this Article.

(4) The contractor of record shall maintain liability insurance and workers’ compensation insurance as specified in this Article and provide proof of such insurance to the Building Official.

(5) The contractor of record shall provide proof of employment for employees who are performing construction work that is regulated under this Article by providing to the Building Official a copy of the signed Internal Revenue Service “Employee’s Withholding Allowance Certificate (Form W-4)” for each such employee.

(6) The contractor of record shall identify all exempt specialized trade subcontractors under the contractor’s supervision.

(7) When the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, the specialized trade contractor shall employ a supervisor who shall be present full-time on the project site where such subcontracted work is being performed.

(8) The contractor of record shall maintain a current mailing address, telephone number and email address with the Building Official.

(9) The contractor of record may proceed with work only after all required permits have been obtained and shall obtain required inspections and authorization to proceed with the work authorized under the permit.

(b) All supervisors shall be responsible for the supervision of construction in accordance with the requirements of this Article, and shall observe the following standards:

(1) All supervisors shall be on-site on a regular basis, as approved by the Building Official, throughout the entire construction or installation process to supervise the construction or installation work under the responsibility of a licensed contractor without substantial departure from the drawings and specifications filed and approved by the City as specified on the permit issued for said construction, unless changes are approved by the City. When the contractor of record is a specialized trade contractor that directly subcontracts work to an exempt specialized trade subcontractor, a supervisor employed by such specialized trade contractor shall be present full-time on the project site where such subcontracted work is being performed. A specialized trade contractor shall directly contract with only one (1) level of exempt specialized trade subcontractor. Exempt specialized trade subcontractors shall not contract with another exempt specialized trade subcontractor.

(2) All supervisors shall obey any order or notice issued pursuant to adopted codes of the City.

(3) All supervisors shall observe generally accepted safety standards.

(4) All supervisors shall present the supervisor certificate, or proof thereof, during the supervision of a project for which said certificate is required when so requested by the Building Official.

(5) All supervisors shall maintain a current mailing address, telephone number and email address with the Building Official.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 9, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 10, 11-20-12)

Sec. 15-162. Disciplinary procedures; violations and penalties.Go to the top

(a) When the Building Official determines that a license holder or supervisor described in this Article has committed any of the acts outlined in Subsection (d) herein, or when a supervisor fails to provide adequate personal supervision on the work site, the Building Official may order a suspension of all privileges granted under such license or certificate pending a hearing by the Board. Such suspension shall not exceed a period of forty-five (45) days following the first commission of any such act and shall become effective immediately or when otherwise determined by the Building Official. Such forty-five-day suspension limitation shall not apply to any subsequent commission of any such act. Notification of said suspension shall be in writing and shall be promptly delivered to the certificate holder or an authorized person listed on such license application by mail or email to the last known address or by personal delivery. The notification shall state in reasonable detail the essential facts and reasons for said action and shall advise the affected license holder or supervisor of the right to appeal the decision of the Building Official to the Board. A copy of any such suspension shall be placed in the public record of the affected license holder or supervisor. Failure of any such person to receive such notification of suspension shall not invalidate any suspension imposed hereunder.

(b) The Building Official shall, upon the verified complaint in writing of any person alleging any of the acts outlined in Subsection (d), convene the Board for the purpose of determining the verity of such complaint and taking appropriate action thereon. Notification shall be served to the affected license or certificate holder as prescribed in Subsection (a) above.

(c) IIn the absence of a personal appearance on behalf of the licensee or certificate holder, the Board may take action on the matter based on the record. Any member of the City staff or any other party in interest may appear at such meeting and present evidence to the Board.

(d) The Board shall have the power to suspend or revoke (or take other disciplinary action on) any license or certificate when the Board determines that a holder thereof has committed any of the following:

(1) Knowing or deliberate disregard of the building code or any other code adopted by the City related to a specific construction project under the responsibility of the supervisor or license holder;

(2) Failure to comply with any provision of the code related to a specific construction project under the responsibility of the supervisor certificate holder or license holder;

(3) Failure to comply with any lawful order of the Building Official;

(4) Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate;

(5) The authorized holder of a license or supervisor certificate lending of or consenting to the use of such credential by persons other than the holder thereof;

(6) Failure to obtain any required permit for the work performed or to be performed;

(7) Commitment of any act of negligence, incompetence or misconduct in the performance of the contractor's specific trade which results in posing a threat to public health and safety;

(8) Performance of work for which a license or supervisor certificate is required without a valid, current license or supervisor certificate;

(9) The act of employing compensated workers who are performing construction or who are working in a trade for which a license or certificate is otherwise required under this Article when such workers are neither employees nor exempt specialized trade subcontractors as defined under this Article; or

(10) The act of requesting of repeated inspections by a license holder or supervisor when such inspections are related to construction or trade regulated under this Article and which reveal that the work performed or supervised by said license holder or certificate holder failed to comply with the building code or other applicable code; and such repeated noncompliance occurs in a manner or to an extent that demonstrates that the license holder or supervisor is either negligent, is not providing adequate supervision or is not qualified to perform or supervise the work.

(e) When a license or supervisor certificate is revoked, the holder thereof shall not be granted another license or supervisor certificate under this Article without approval of the Board. In deciding whether to approve a new such license or supervisor certificate, the Board shall determine whether the applicant has demonstrated that any disciplinary actions that have been taken against any contractor license or supervisor certificate currently or previously held by the applicant (whether with the City or any other jurisdiction) have resulted in the rehabilitation of the applicant to good and disciplined character for lawful conduct as a licensed contractor or certified supervisor (as applicable). When the Board suspends a license or supervisor certificate, the Board shall state the period and conditions of the suspension.

(f) In addition to the suspension or revocation of a license or supervisor certificate by the Board as provided herein, any person, firm or corporation violating any of the provisions of this Article or any lawful rule or regulation of the Board, or any lawful order of the Building Official, shall be deemed guilty of a misdemeanor and subject to the penalties set forth in § 1-15 of this Code.

(g) Owners who obtain permits for work on their primary residence and hire unlicensed contractors for work which requires a licensed contractor or licensed specialty trade contractors shall be deemed to have violated the provisions of this Article and shall be subject to the penalties set forth in § 1-15 of this Code.

(h) Any person, firm, partnership, corporation, association, other organization or any combination thereof shall pay an investigation fee to the Building Official when such party performs or causes to be performed construction or a trade for which a contractor license as specified in this Article is required without first obtaining the required license. Such fee shall be equal and in addition to the license fee and shall be paid before the applicable license may be issued.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 10, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 11, 11-20-12)

Cross-reference—General penalty, § 1-15.

Sec. 15-163. Safety and insurance requirements.Go to the top

All laws relating to safety of employees and the public shall be observed at all times by any contractor or exempt specialized trade subcontractor. Every such contractor or exempt specialized trade subcontractor shall maintain workers' compensation insurance as required by state law, and general liability insurance in the minimum amounts as follows: one million dollars ($1,000,000.) per person, two million dollars ($2,000,000.) per accident and two million dollars ($2,000,000.) per accident involving public property.

(Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 12, 11-20-12)

Sec. 15-164. Transition provisions.Go to the top

(a) Any holder of a valid contractor license or supervisor certificate prior to the effective date of this Article shall be eligible to maintain the same such license or certificate without additional application fees or examination provided that such license or certificate remains valid throughout the current annual term of such license or certificate. Thereafter, any such contractor license or supervisor certificate shall be subject to renewal provisions as prescribed in this Article.

(b) Any person holding a valid specialized trade contractor license prior to the effective date of this Article shall be eligible for the applicable specialized trade supervisor certificate without additional application fees or further written examination, provided that such person is performing the duties of a supervisor and is verified as having passed a written examination or the equivalent as approved by the Building Official. Failure of the license holder by July 1, 2001, to obtain either such supervisor certificate or employ a person who holds such supervisor certificate authorizing the performance of such specialized trades in the City, shall be grounds for imposing the penalties as prescribed under this Article.

(Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012, § 13, 11-20-12)

Secs. 15-165—15-170. Reserved.


ARTICLE VI.Go to the top
ELECTRICAL CONTRACTORS

Sec. 15-171. License and registration required; suspension; revocation.Go to the top

(a) No person shall engage in the business of contracting for the installation of electrical work in the City without registering as an electrical contractor with the Department of Community Development and Neighborhood Services. In order to register as required herein, the person must perform the following:

(1) Be licensed as a master electrician by the State Electrical Board or have an employee so licensed. The registration required herein shall be valid only as long as the registrant is licensed or employs a person so licensed;

(2) Observe all laws relating to safety of employees and the public at all times. Every such contractor shall maintain workers' compensation insurance as required by state law, and public liability insurance in the minimum amounts as follows: One hundred fifty thousand dollars ($150,000.) per person, four hundred thousand dollars ($400,000.) per accident, and four hundred thousand dollars ($400,000.) per accident involving public property.

(3) Pay a registration fee of fifty dollars ($50.) to the City, valid for a period of one (1) year from the date of payment;

(4) Provide supervision and maintain licenses as required by the State Electrical Board for all apprentice and journeyman electricians.

(b) The Building Review Board, as established in § 2-117, shall conduct any hearings relating to suspension or revocation of any electrical contractor registration for just cause under the procedures as set forth therein. The Board may, on its own motion or shall at the request of the appellant, augment its membership by two (2) master electricians to conduct any hearing involving suspension or revocation of an electrician's registration.

(Code 1972, § 47-10(B), (C); Ord. No. 22, 1987, § 3(47-10(B), (C), 2-17-87; Ord. No. 130, 2002, § 12, 9-17-02; Ord. No. 030, 2012, § 42, 4-17-12; Ord. No. 122, 2012, § 14, 11-20-12)

Secs. 15-172—15-180. Reserved.


ARTICLE VII.Go to the top
GOING-OUT-OF-BUSINESS SALES*

Sec. 15-181. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Going-out-of-business sale shall mean a sale advertised or conducted in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand, the business will be discontinued and terminated. Going-out-of-business sales include but are not limited to sales advertised as being attributable to the following: adjustors, adjustment, alteration, assignees, bankrupt, benefit of administrators, benefit of creditors, benefit of trustees, building coming down, closing, creditors committee, creditors, end, executors, final days, forced out, forced out of business, insolvent, last days, lease expires, liquidation, loss of lease, mortgage sales, receivers, trustees, quitting business.

Goods shall mean any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

(Ord. No. 147, 1994, 10-18-94)

Sec. 15-182. Requirements of sale.Go to the top

Any person advertising or conducting a going-out-of-business sale:

(1) Shall be the owner of the business for at least six (6) months prior to the date of the proposed sale;

(2) Shall not have conducted a going-out-of-business sale within one (1) year prior to the date of the proposed sale at the location for the proposed sale;

(3) Shall limit the sale to goods on hand and goods ordered at least thirty (30) days prior to the first day of the sale and pursuant to a valid written purchase order;

(4) Shall not knowingly use any untrue, deceptive or misleading advertising or representations to promote the sale;

(5) Shall conduct the sale in strict conformity with all advertisements and representations made by such person about the sale;

(6) Shall keep all goods that are not included in the sale separate from the goods included in the sale and shall clearly mark such goods as not being included in the sale; and

(7) Shall limit the sale to seventy-five (75) consecutive days or less.

(Ord. No. 147, 1994, 10-18-94)

Sec. 15-183. Exceptions.Go to the top

The provisions of this Article shall not apply to or affect the following persons:

(1) Persons acting pursuant to an order or process of a court of competent jurisdiction;

(2) Persons acting in accordance with their powers and duties as public officials; or

(3) Duly licensed professional liquidators or auctioneers selling at auction.

(Ord. No. 147, 1994, 10-18-94)

Sec. 15-184. Violations and penalties.Go to the top

Any violation of this Article shall be considered a misdemeanor and shall be punishable upon conviction as provided in § 1-15 of this Code.

(Ord. No. 147, 1994, 10-18-94)

Secs. 15-185—15-260. Reserved.


ARTICLE VIII.Go to the top
PAWNBROKERS*

Sec. 15-261. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Contract for purchase shall mean a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer, for a fixed price within a fixed period of time, with the understanding that the customer has the option to cancel the contract.

Customer shall mean a person who delivers personal property into the possession of a pawnbroker for the purpose of entering into a contract for purchase or a purchase transaction.

Fixed period of time shall mean that period of time, to be no less than thirty (30) days, set forth in a contract for purchase within which the customer has the option to cancel the contract.

Fixed price shall mean the amount agreed upon to cancel a contract for purchase during the option period.

Manager shall mean a person employed by a pawnbroker who is designated as manager or whose duties entail the exercise of discretion and independent judgment in the administration of the affairs of a pawnbroker's business and the supervision of other employees, as well as the making of loans, the execution of any documents required to be prepared pursuant to this Article and/or the purchasing of goods or property on behalf of the business.

Pawnbroker shall mean a person regularly engaged in the business of making contracts for purchase and purchase transactions in the course of said business. Pawnbroker shall include, without limitation, all owners, managers or employees of a pawnbroker business required to be licensed by the City whose regular duties include making contracts for purchase, purchase transactions or executing any documents required to be prepared pursuant to this Article.

Peace officer shall mean any undersheriff, or deputy sheriff (other than one appointed with authority only to receive and serve summons and civil process), police officer, state patrol officer, town marshal, or investigator for a district attorney or the Attorney General, who is engaged in full-time employment by the State or a city, county, town or judicial district within this State.

Purchase transaction shall mean the purchase by a pawnbroker, in the course of his or her business, of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase.

Tangible personal property shall mean all personal property other than choses in action, securities or printed evidence of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker, in the course of business, in connection with a contract for purchase or purchase transaction.

(Code 1972, § 73-67; Ord. No. 91, 2000, 8-15-00; Ord. No. 111, 2004, § 1, 7-20-04)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 15-262. License required.Go to the top

It shall be unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this Article and without first having obtained a license from the Financial Officer. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section.

(Code 1972, § 73-68; Ord. No. 91, 2000, 8-15-00)

Sec. 15-263. Annual license fee.Go to the top

The annual license fee for carrying on the business of pawnbroking shall be three hundred dollars ($300.), which shall be submitted together with an application for such license to the Financial Officer. Said license fee is nonrefundable, unless the application is denied.

(Code 1972, § 73-69; Ord. No. 91, 2000, 8-15-00)

Sec. 15-264. Surety bond required.Go to the top

The licensee or applicant shall furnish the Financial Officer with a good and sufficient bond, with a surety to be approved by the Financial Officer, in the sum of two thousand five hundred dollars ($2,500.), which bond shall be conditioned upon the pawnbroker's compliance with all provisions of this Article, including, without limitation, the payment of all surcharges and fees.

(Code 1972, § 73-70; Ord. No. 91, 2000, 8-15-00)

Sec. 15-265. Investigation and approval of licensees and managers required.Go to the top

(a) No license shall be issued by the Financial Officer until the application for a license has been investigated by the Chief of Police. Each applicant shall pay a nonrefundable investigation and/or fingerprint and photograph fee at the time the application is filed in an amount not to exceed that charged by the Colorado Bureau of Investigation. Further, each applicant shall furnish a birth certificate, alien registration card or other reasonable identification card to prove the applicant's name, date of birth and residency, and shall provide any other information which is requested on the application.

(b) No licensee shall employ a person as a manager, nor shall any person accept such employment, unless such person has been investigated and been granted a manager's certificate by the Chief of Police pursuant to the following:

(1) Prior to becoming employed by a licensee, an applicant for a manager's certificate, or for the renewal of such certificate, shall be fingerprinted and photographed by Police Services. Each applicant for a certificate, or renewal of a certificate, shall furnish a birth certificate, alien registration card or other reasonable identification card to prove the applicant's name, date of birth and residency, and shall provide any other information which is requested on the application.

(2) An applicant for a manager's certificate shall pay a nonrefundable fingerprint and investigation fee in an amount not to exceed that charged by the Colorado Bureau of Investigation. If, however, the applicant can provide proof of a criminal history investigation completed by the Colorado Bureau of Investigation within the year immediately preceding the application, such person need only submit a fingerprint card and photograph and pay the associated fee.

(3) Each manager's certificate shall have clearly imprinted thereon a statement that it is valid only for the period of time specified thereon, and only in the pawn industry. A provisional certificate shall be issued by the Chief of Police upon filing of the application, which provisional certificate shall remain in effect during the pendency of an applicant's background investigation. Each provisional or regular manager's certificate shall be stamped with the name of the pawnbroker and business location(s) for which it is valid. A regular certificate issued shall be for a maximum period of three (3) years; and such certificate shall automatically expire: (i) upon a change of employment by the certificate holder, unless renewed within ten (10) days thereafter, or (ii) if the holder is not employed in the pawn industry within the City for a period of ninety (90) days or more. A manager's certificate which has expired may be renewed by the application process described above.

(4) A manager's certificate may, in the discretion of the Chief of Police, be revoked when the holder has been determined by the Chief to be in violation of any of the provisions of this Article.

(5) Any applicant who has made a false statement upon the application for a pawnbroker license and/or application for a manager's certificate, in addition to being subject to revocation of said license and/or certificate, commits a misdemeanor punishable under § 1-15.

(c) No pawnbroker license or manager's certificate shall be renewed or issued to the following persons under the provisions of this Article:

(1) Subject to the provisions contained in Section 24-5-101, C.R.S., a person who has been convicted of: any felony or any crime which under the laws of this State would be a felony; any crime of which fraud or intent to defraud was an element, whether in this State or elsewhere; any crime of embezzlement or larceny against an employer or business; or any criminal conviction or civil violation related to any law or ordinance pertaining to the pawn industry;

(2) Any person under the age of eighteen (18);

(3) Any person who has made a false, misleading or fraudulent statement on his or her application for license or a manager's certificate.

(d) No employee under eighteen (18) years of age shall make loans, purchase any goods or property on behalf of the business or execute any document required to be prepared pursuant to this Article, unless such employee is under the direct supervision of a manager who is physically present on the licensed premises.

(e) Within forty-five (45) days of receipt of an application for a new license or to renew a license, the Financial Officer shall issue or renew such license, provided that the Chief of Police after investigation has determined that the applicant will or has operated the business in such a manner as to fully comply with the requirements and purposes of this Article. A decision regarding said determination shall also be made by the Chief of Police within forty-five (45) days of receipt of an application for license or renewal.

(f) Licenses shall be limited to use at the premises specified in the application. Such license shall not be transferable.

(g) The revocation, suspension or denial of the issuance or renewal of a license or manager's certificate may be appealed to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code.

(Code 1972, § 73-71; Ord. No. 91, 2000, 8-15-00; Ord. No. 129, 2002, § 8, 9-17-02; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-266. Required books and records.Go to the top

(a) Every pawnbroker shall keep books and records sufficient to identify each pledge, contract for purchase or purchase transaction, and each forfeiture of property pursuant to the terms of a contract for purchase. Every customer shall provide to the pawnbroker the following information for such books and/or records:

(1) The customer's name and date of birth;

(2) The current street address, city, state and zip code of the customer's residence;

(3) The customer's identification from:

a. An identification card issued in accordance with Section 42-2-302, C.R.S.;

b. A valid state driver's license;

c. A valid driver's license containing a picture issued by another state;

d. A military identification card;

e. A valid passport;

f. An alien registration card; or

g. A nonpicture identification document issued by a state or federal government entity, if in addition to the document, the pawnbroker also obtains a clear imprint of the consignor's, seller's or trader's right index finger (or in the event the right index finger is missing, then the customer's left index finger); and

(4) A clear imprint of the person's right index finger. In the event that the right index finger is missing, the customer's left index finger shall be imprinted or, if the left index finger is missing, then any other of the customer's fingers or thumbs may be imprinted. If all fingers and thumbs are missing, this fingerprint requirement shall not apply.

(b) All transactions shall be kept in a numerical register in the order in which they occur, which register shall show the printed name and signature of the pawnbroker or agent, the purchase price or other monetary amount of the transaction, the date, time and place of the transaction, and an accurate and detailed account and description of each item of tangible personal property involved, including but not limited to any and all trademarks, identification numbers, serial numbers, model numbers, owner-applied numbers, brand names or other identifying marks on such property. The books and records of the licensee shall also reveal the date on which each extension of credit under a contract for purchase was terminated and whether and by whom the pawned personal property of the customer was redeemed, renewed or forfeited upon the expiration of the contract for purchase.

(c) If the pawned personal property is redeemed by a person other than the original customer, the person redeeming the property shall provide to the pawnbroker, and the pawnbroker shall record, the following information:

(1) The person's name and date of birth;

(2) The current street address, city, state and zip code of the person's residence;

(3) The person's driver's license number or other identification number from any other form of identification which is allowed under Paragraph (a)(3) above; and

(4) A clear imprint of the person's right index finger. In the event that the right index finger is missing, the customer's left index finger shall be imprinted or, if the left index finger is missing, then any other of the customer's fingers or thumbs may be imprinted. If all fingers and thumbs are missing, this fingerprint requirement shall not apply.

(Code 1972, § 73-72(A); Ord. No. 91, 2000, 8-15-00)

Sec. 15-267. Declaration of ownership.Go to the top

(a) The pawnbroker shall at the time of making the loan contract for purchase or purchase transaction obtain a written declaration of ownership from the customer stating:

(1) Whether the property that is the subject of the transaction is solely owned by the customer and, if not solely owned by the customer, the customer shall attach a power of attorney from all co-owners of the property authorizing the customer to sell or otherwise dispose of the property;

(2) How long the customer has owned the property;

(3) Whether the customer or someone else found the property; and

(4) If the property was found, the details of the finding.

(b) The pawnbroker shall require the customer to sign his or her name, in the presence of the pawnbroker, on the declaration of ownership and in the register to be kept under this Article. Each such declaration shall also be signed by the pawnbroker at the time of the transaction. The customer shall be given a copy of the contract for purchase or a receipt for the purchase transaction.

(Code 1972, § 73-72(B); Ord. No. 91, 2000, 8-15-00)

Sec. 15-268. Requirements for records.Go to the top

(a) All records required to be kept under this Article must be kept in the English language, in a legible manner and shall be preserved and made accessible for inspection for a period of three (3) years after the date of redemption or forfeiture and sale of the property. Information from records and fingerprints inspected by Police Services pursuant to this Article shall be used for regulatory and law enforcement purposes only.

(b) A copy of any record required to be kept under this Article, together with a copy of the record of each contract for purchase or a receipt of the purchase transaction, shall be made available to Police Services each day so that said Service may maintain a complete record of all business transactions of the pawnbroker. It shall be the responsibility of Police Services to pick up the copies from the pawnbroker.

(Code 1972, § 73-72(C); Ord. No. 91, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02; Ord. No. 111, 2004, § 2, 7-20-04)

Sec. 15-269. Minimum fixed period of time; maximum fixed price.Go to the top

(a) No contract for purchase shall be for a fixed period of time of less than thirty (30) days.

(b) No pawnbroker shall ask, demand or receive any fixed price that exceeds one-fifth (1/5) of the original purchase price for each month plus the amount of the original purchase price.

(Code 1972, § 73-73; Ord. No. 91, 2000, 8-15-00; Ord. No. 111, 2004, § 3, 7-20-04)

Sec. 15-270. Intermediate payments upon loans.Go to the top

Pawnbrokers shall accept any intermediate payment offered by a customer upon a loan made under a contract for purchase which has not matured, so long as such payment is equal to or greater than ten (10) percent of the fixed price as defined in § 15-261, together with accrued charges. The acceptance of payments in lesser amounts shall be discretionary with the pawnbroker. A receipt showing the date of the payment and the amount shall be given to the customer for all monies received on account of or in payment of loans made under a contract for purchase.

(Code 1972, § 73-74; Ord. No. 91, 2000, 8-15-00)

Sec. 15-271. Holding period and sale of tangible personal property.Go to the top

(a) A pawnbroker shall hold all property purchased by him or her through a purchase transaction for thirty (30) days following the date of purchase during which time such property shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any other way.

(b) A pawnbroker shall hold all goods received through a contract for purchase within his or her jurisdiction for a period of ten (10) days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property and shall not be changed in form or packaged or altered in any way. If the customer has failed or neglected to redeem such property on or before the maturity date of the contract by repayment of the balance of the principal and payment of all accrued interest charges, the pawnbroker shall, immediately upon maturity of the contract, mail with sufficient postage a notice of the impending sale of the property delivered under the contract. Such notice shall be mailed to the customer at the address shown on the contract pertaining to the transaction. Ten (10) days shall be allowed from the date of mailing of the notification for the customer to appear and reclaim the property or make satisfactory payments upon it. The pawnbroker shall not sell or otherwise dispose of the property prior to the expiration of the ten-day period.

(Code 1972, § 73-75; Ord. No. 91, 2000, 8-15-00)

Sec. 15-272. Hold orders; surrender of property; inspection of records and premises.Go to the top

(a) Any peace officer may order a pawnbroker to hold any tangible personal property deposited with or in custody of any pawnbroker, if the officer has reasonable suspicion to believe that such property is connected with criminal activity, for purposes of further investigation. No sale or other disposition may be made of such property held by any pawnbroker while the hold order remains outstanding. Any such hold order shall be effective for ninety (90) days only, unless a criminal prosecution is undertaken with regard to any such property within such ninety-day period, in which event the hold order shall remain in effect until the prosecuting agency has notified the pawnbroker that the prosecution has been completed or dismissed.

(b) Unless a warrant is required by law or consent is given, if any peace officer determines, after investigation, that any article of personal property held by a pawnbroker is stolen or illegally obtained property, such officer may take such property into evidence after giving the pawnbroker a receipt for it which sets forth Police Services' case number as well as the reason for the confiscation.

(c) The physical premises of any licensed pawnbroker business, including any area in which tangible personal property is located, shall be subject to inspection by Police Services during all business hours and other times of apparent activity, for the purpose of investigation and inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon the request of any member of Police Services. For the purposes of this provision, the term licensed premises shall not include any private residence adjacent to the licensed premises except such portion of said residence, if any, that is used in the operation of the business of the pawnbroker. Except for items in plain view, if any inspection is conducted hereunder, the peace officer conducting such inspection shall document the same on a form approved by Police Services and shall, within twenty-four (24) hours of conducting such inspection, provide a copy thereof to the pawnbroker.

(Code 1972, § 73-76; Ord. No. 91, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-273. Prohibited transactions.Go to the top

(a) It shall be unlawful for any pawnbroker to accept any tangible personal property under a contract for purchase or purchase transaction from the following:

(1) Any person under eighteen (18) years of age;

(2) Any person under the influence of alcohol or any narcotic drug or stimulant;

(3) Any person known to such pawnbroker to have been convicted of larceny, theft or burglary without first notifying Police Services.

(b) With respect to a contract for purchase, no pawnbroker may permit any customer to be obligated on the same day in any way under more than one (1) contract for purchase agreement with the pawnbroker which would result in the pawnbroker's obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one (1) contract for purchase covering the same tangible personal property.

(c) No pawnbroker shall violate the terms of a contract for purchase.

(Code 1972, § 73-77; Ord. No. 91, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-274. Business limited to one location.Go to the top

A pawnbroker shall conduct his or her pawnshop business from only one (1) business location, which shall be the location listed on the pawnbroker's license. This provision shall not prohibit a pawnbroker from using warehouses or other storage locations away from the licensed place of business, but such other location shall be used only if the pawnbroker first submits notice to the Financial Officer in writing of such off-site locations. Such off-site locations shall be open to any peace officer for inspection as provided for in Subsection 15-272(c).

(Code 1972, § 73-78; Ord. No. 91, 2000, 8-15-00)

Sec. 15-275. Violations and penalties.Go to the top

In addition to the revocation, suspension or denial of a license or manager's permit issued, any person, including but not limited to any customer or pawnbroker, who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1-15.

(Code 1972, § 73-79; Ord. No. 91, 2000, 8-15-00)

Sec. 15-276. Notice of penalties required.Go to the top

Every pawnbroker shall conspicuously post a notice, provided by Police Services, in a place clearly visible to all customers which sets forth the penalties of this Article and of Section 12-56-104(5), C.R.S., concerning false information to a pawnbroker and Section 18-4-410, C.R.S., concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer; and may also include any information regarding any reimbursement policy of the pawnbroker regarding confiscation.

(Ord. No. 91, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Secs. 15-277—15-290. Reserved.


ARTICLE IX.Go to the top
PLACES OF ENTERTAINMENT*

Sec. 15-291. License required.Go to the top

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 Article shall not apply to any governmental entity or to any person producing, conducting or carrying on such public amusement under the sponsorship of a governmental entity and in or upon any property owned by a governmental entity.

(Code 1972, § 73-36; Ord. No. 36, 1994, § 2, 3-15-94)

Sec. 15-292. License application.Go to the top

(a) Applications for licenses required by § 15-291 shall be made through the Financial Officer, and the Financial Officer shall issue licenses upon approval of the application by the City Manager.

(b) Any person desiring a license shall file with the Financial Officer an application on forms to be provided by the City setting out such information as may be required by the City Manager, including the following:

(1) The full name of the applicant;

(2) The name and business address of the show operator if different from the applicant;

(3) The kind of show or public entertainment to be conducted;

(4) The place where it is to be given;

(5) The time for which the license is sought; and

(6) In the case of carnivals or similar forms of public amusement, the number of attractions to be presented.

(c) Such application shall be submitted at least ten (10) days before the place of amusement will be open to the public and shall be accompanied by the appropriate license fee required.

(d) The City Manager shall investigate the character of the applicant and the show operator, if different from the applicant, and shall order the license to be issued if he or she determines that such parties are of good moral character and financially responsible and that the other requirements of this Article have been met.

(Code 1972, § 73-37)

Sec. 15-293. License fees; term.Go to the top

(a) License applications shall be accompanied by the appropriate license fees, which shall be as follows:

(1) For all theaters, opera houses, motion picture shows and other similar facilities where shows are to be produced for the public, the fee shall be in the amount of one hundred ten dollars ($110.) per annum.

(2) For drive-in theaters, the fee shall be eighty dollars ($80.) per annum.

(3) For all circuses, menageries and carnivals, the fee shall be eighty dollars ($80.) for each day that such entertainment is presented in the City, provided that for carnivals, if more than forty (40) attractions are presented, an additional fee of two dollars and fifty cents ($2.50) per day for each attraction over forty (40) shall be paid.

(4) For public dance halls, the fee for the license shall be eighty dollars ($80.) per annum.

(b) In case of any attraction for which an annual fee is provided, the license shall be issued for the period January 1 through December 31. In case of an application for license after January 1 of any year, the license fee shall not be prorated and the full fee shall be charged for a partial year.

(Code 1972, § 73-38)

Sec. 15-294. Conditions of license for certain shows.Go to the top

(a) The license for any circus, menagerie or carnival shall be issued subject to the following additional requirements:

(1) A representative of Fire Services and/or the Department of Community Development and Neighborhood Services shall make an inspection of the area and the equipment in order to determine that adequate fire lanes are provided, that adequate fire hydrants or other means of extinguishing fires are available, that electrical connections are made in a safe manner and that electrical equipment appears to be in good working order.

(2) A representative of Police Services shall inspect the area in order to verify that no unreasonable noise or light condition will adversely affect any adjoining residential areas.

(3) A representative of the City Engineer shall inspect the area in order to verify that adequate arrangements have been made in order to prevent trash and litter blowing onto adjoining premises or to collect any trash or litter which does blow onto adjoining premises and to verify that adequate rest room facilities are available for the public at any time the attraction is open to the public.

(b) All of such inspections shall be completed after the attraction is set up but before the same is opened to the public. The City representative making the inspection shall have the power to require reasonable corrections to be made in order to protect the public and adjoining premises.

(c) The application shall be accompanied by a corporate surety bond in the amount of five thousand dollars ($5,000.), to secure the applicant's compliance with all requirements of this Article and any conditions imposed upon the issuance of the license pursuant to this Article.

(d) The application shall be accompanied by proof that the applicant has a commercial general liability insurance policy with at least five hundred thousand dollars ($500,000.) combined single limits. If the applicant intends to sell prepared or processed food, the application must also be accompanied by proof the applicant has products liability insurance with at least five hundred thousand dollars ($500,000.) combined single limits.

(Code 1972, § 73-39(A)(1), (2); Ord. No. 36, 1994, §§ 3, 4, 3-15-94; Ord. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002, §§ 6, 7, 12, 9-17-02; Ord. No. 030, 2012, § 43, 4-17-12)

Sec. 15-295. Deposit for sales tax.Go to the top

(a) In addition to the foregoing requirements, any applicant for a circus, menagerie or carnival license shall deposit with the Financial Officer at the time of making the license application an amount equal to fifty dollars ($50.) for each day the attraction will be available to the public. The deposit shall be to cover anticipated sales tax from the attraction.

(b) Within twenty (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.

(Code 1972, § 73-39(A)(3); Ord. No. 36, 1994, § 5, 3-15-94)

Cross-reference—Sales and use tax, § 25-71 et seq.

Sec. 15-296. Public dance hall license requirements.Go to the top

Any public dance hall shall be operated in compliance with all requirements of the Code relating to occupancy limits, required rest room facilities and other requirements pertaining to customer facilities.

(Code 1972, § 73-39(B))

Sec. 15-297. Special conditions.Go to the top

In authorizing the issuance of a license, the City Manager may specify special conditions including hours of operation or manner of operation which are intended to ensure that the place of amusement will not be unduly annoying to any residential areas in the vicinity. In the case of circuses, menageries and carnivals, the City Manager may deny the application if he or she determines that such attraction in the location requested will unreasonably disrupt the peace and quiet of any residential neighborhood in the City.

(Code 1972, § 73-39(C))

Sec. 15-298. Appeal to City Council.Go to the top

(a) If any applicant for a license is denied such an application by the City Manager or if the City Manager will issue the license only upon conditions which are not acceptable to the applicant, the applicant may appeal the decision of the City Manager to the City Council. Notice of such appeal must be filed at least five (5) days before the meeting of the City Council at which the applicant requests that the appeal be heard.

(b) At the time of hearing the appeal, the applicant may submit to the City Council any material evidence relating to the application. The City Council shall consider the evidence together with the report of the City Manager and make a final determination upon the application.

(Code 1972, § 73-40)

Cross-reference—Procedure for appeals to the City Council, § 2-46 et seq.

Secs. 15-299—15-304. Reserved.


ARTICLE X.Go to the top
PLUMBING CONTRACTORS*

Sec. 15-305. General provisions, licensing and registration.Go to the top

(a) No person shall engage in the trade, business or calling of a plumber or plumbing in the City until he or she shall register with the Department of Community Development and Neighborhood Services as a plumber. For the purpose of this Section, plumbing contractor means any person, firm, partnership, corporation, association or combination thereof who undertakes or offers to undertake for another the planning, laying out, supervising and installing or the making of additions, alterations and repairs to potable water supply and distribution pipes and piping, plumbing fixtures, drainage and vent pipes and building drains, including their respective joints and connections, devices, receptacles and appurtenances. A registered professional engineer who plans or designs plumbing installations shall not be classified as a plumbing contractor.

(b) No person shall engage in the business of a plumbing contractor in the City without registering as a plumbing contractor with the Department of Community Development and Neighborhood Services. In order to register as a plumbing contractor, the person desiring to engage in such business must do the following:

(1) Be licensed as a master plumber by the State Examining Board of Plumbers or have an employee so licensed and registered. The registration as a plumbing contractor shall be valid only so long as the person registered is so licensed and registered or employs a person so licensed and registered;

(2) Observe all laws relating to safety of employees and the public at all times. Every such contractor shall maintain workers' compensation insurance as required by state law and public liability insurance in the minimum amounts as follows: One hundred fifty thousand dollars ($150,000.) per person, four hundred thousand dollars ($400,000.) per accident, and four hundred thousand dollars ($400,000.) per accident involving public property;

(3) Pay a registration fee of fifty dollars ($50.) to the City, valid for a period of one (1) year from the date of payment;

(4) Provide supervision and maintain licenses as required by the State Examining Board of Plumbers for all apprentice and journeyman plumbers.

(c) The Building Review Board established by § 2-117 shall conduct hearings for suspension or revocation of a plumbing contractor's registration as set forth therein. The Board may, on its own motion or if requested by the applicant, augment its membership by not more than two (2) additional registered plumbers to conduct any hearing involving suspensions or revocation of a plumber's registration.

(Code 1972, § 86-5(B); Ord. No. 21, 1987, § 3(86-5(B), 2-17-87; Ord. No. 130, 2002, § 12, 9-17-02; Ord. No. 030, 2012, § 44, 4-17-12; Ord. No. 122, 2012, § 15, 11-20-12)

Secs. 15-306—15-315. Reserved.


ARTICLE XI.Go to the top
SECONDHAND DEALERS*

Sec. 15-316. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Conditional sale or consignment shall mean a transaction wherein: (a) secondhand property is delivered to a dealer for sale by the property owner, and (b) the secondhand dealer is required to either sell the goods for the person making the delivery and remit the price or, if the goods are not sold, return the goods to the person making delivery.

Flea market shall mean a temporary or permanent market place, indoors or outdoors, wherein a booth or other space is provided by an owner or operator for a fee or compensation, to a vendor to exhibit and offer secondhand goods for sale or trade to the general public.

Peace officer shall mean any undersheriff or deputy sheriff (other than one appointed with authority only to receive and serve summons and civil process), police officer, state patrol officer, town marshal or investigator for a District Attorney or the Attorney General, who is engaged in full-time employment by the State or a city, county, town or judicial district within this State.

Secondhand dealer shall mean any person who accepts on consignment, sells or trades any secondhand property; and any owner or operator of a flea market; provided, however, that this definition and the terms of this Article shall not apply to the following:

(1) A person who accepts on consignment, trades or sells no more than twelve (12) items of secondhand property per year from a permanent storefront location, and none of the items consigned, traded or sold carries a manufacturer or serial number;

(2) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of product, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows and recreational vehicle shows;

(3) A person or organization which is charitable, nonprofit, recreational, fraternal or political in nature or which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;

(4) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his or her immediate family or regular employees;

(5) A person accepting on consignment, selling or trading secondhand property which was not originally purchased by such person for resale, so long as such person does not accept on consignment, sell or trade secondhand property more than five (5) weekend periods in one (1) calendar year as verified by a declaration to be prepared by the seller. For purposes of this Subsection, weekend period means Friday through the immediately following Monday;

(6) An individual vendor renting a booth or space in a flea market, except that each individual vendor shall be subject to the requirements in § 15-327.

Secondhand property shall mean the following items of tangible personal property consigned, sold or traded by a secondhand dealer:

(1) Camera equipment, including, but not limited to: cameras, camera lenses, slide or movie projectors, projector screens, flashguns, light meters, enlargers, tripods, binoculars, telescopes, microscopes and video recording cameras and their components;

(2) Entertainment equipment, including, but not limited to: televisions, phonographs, tape recorders, video recorders/players, radios, tuners, speakers, turntables, amplifiers, musical instruments, record changers, citizens' band broadcasting units and receivers, video game systems and compact disc players;

(3) Sporting goods and jewelry, including, but not limited to: skis, ski poles, ski boots, ski bindings, in-line skates, snowboards, skateboards, golf clubs, guns, jewelry, coins, luggage, boots and furs;

(4) Home/office equipment, including, but not limited to: typewriters, adding machines, calculators, computers and any other computer components, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, sewing machines, fax machines, cellular or mobile telephones and pagers;

(5) Bicycles, including but not limited to: bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies and other bicycle components; and

(6) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars ($30.) or more, except motor vehicles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes dryers, freezers, mobile homes and nonprecious scrap metal.

(Code 1972, § 73-2; Ord. 92, 2000, 8-15-00; Ord. No. 142, 2006, §§ 1, 2, 10-03-06)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 15-317. License required; annual fee.Go to the top

(a) It shall be unlawful for any person, owner or operator of a flea market to engage in the business of secondhand dealing except as provided in and authorized by this Article and without first having obtained a license from the Financial Officer. Such license shall be kept current at all times, and failure to maintain a current license shall constitute a violation of this Section.

(b) The annual license fee for carrying on the business of secondhand dealing shall be one hundred dollars ($100.), which shall be submitted together with an application to the Financial Officer. Said license fee is nonrefundable, unless the application is denied.

(Code 1972, § 73-3(A), (B); Ord. 92, 2000, 8-15-00; Ord. No. 142, 2006, § 3, 10-03-06)

Sec. 15-318. Application for secondhand dealer license; renewal; limitation on use; appeals.Go to the top

(a) No license shall be issued by the Financial Officer until the application for a license has been filed with the City and investigated by the Chief of Police. Each applicant shall pay a nonrefundable investigation and fingerprint fee at the time the application is filed in an amount not to exceed that charged by the Colorado Bureau of Investigation. Further, each applicant shall furnish a birth certificate, alien registration card or other reasonable identification card to prove the applicant's name, date of birth and residency, and shall provide any other information which is requested on the application.

(b) No license shall be renewed or issued to the following persons under the provisions of this Article:

(1) Subject to the provisions contained in Section 24-5-101, C.R.S., a person who has been convicted of: any felony or any crime which under the laws of this State would be a felony; any crime of which fraud or intent to defraud was an element, whether in this State or elsewhere; any crime of embezzlement or larceny against an employer or business; or any criminal conviction or civil violation related to any law or ordinance pertaining to the secondhand dealer or pawn industry;

(2) Any person under the age of eighteen (18); and

(3) Any person who has made a false, misleading or fraudulent statement on his or her application for the secondhand dealer license.

(c) Within forty-five (45) days of receipt of an application for a new license or to renew a license, the Financial Officer shall issue or renew such license, provided that the Chief of Police, after investigation, has determined that the applicant has operated the business in such a manner as to fully comply with the requirements of this Article.

(d) Licenses shall be limited to use at the premises specified in the application. No such license shall be transferable.

(e) The revocation, suspension or denial of the issuance or renewal of a license may be appealed to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code.

(f) With respect to flea markets, an owner or operator licensed under this Article shall provide, with each application for a new or renewal license, a list of all persons renting a booth or space in the flea market, along with such person's date of birth, address and driver's license or other identifying number. With each application for a renewal license, an owner or operator shall provide a list of all persons who have rented a booth or space in the flea market at any time since the owner or operator last applied for a license, together with such person's date of birth, address and driver's license or other identifying number and the dates such person rented space at the flea market. In addition, the flea market owner or operator shall keep a list upon the licensed premises, open and available for inspection by the City during business hours, of all persons currently renting a booth or space in the flea market, along with such person's date of birth, address and driver's license or other identifying number, and the dates such person rented space at the flea market.

(Code 1972, § 73-3(C); Ord. 92, 2000, 8-15-00; Ord. No. 129, 2002, § 9, 9-17-02; Ord. No. 142, 2006, § 4, 10-03-06)

Sec. 15-319. Sales tax license required.Go to the top

In addition to the secondhand dealer license, every secondhand dealer shall also obtain a sales tax license as provided in Section 39-26-103, C.R.S., except that persons renting a booth or space in a flea market or similar facility shall not be required to obtain a sales tax license, but shall be required to collect the sales tax and to remit the proceeds of said tax to the operator of the flea market or similar facility as provided by this Article. The operator shall obtain a sales tax license which is applicable to all sales occurring at the flea market or similar facility, shall collect the sales tax from each person operating therein who does not have his or her own sales tax license and shall remit such proceeds as provided by law for the remittance of sales tax.

(Code 1972, § 73-3(D); Ord. 92, 2000, 8-15-00; Ord. No. 142, 2006, § 5, 10-03-06)

Cross-reference—Sales and use tax, § 25-71 et seq.

Sec. 15-320. Keeping of records required.Go to the top

Every dealer licensed under this Article shall keep at his or her place of business an accurate, detailed record of every article of secondhand property acquired by purchase, consignment or trade. Such record shall include, and the seller, consignor or trader must provide at the time of the sale, consignment or trade, the following:

(1) The name and date of birth of the consignor, seller or trader;

(2) The current street address of the consignor's, seller's or trader's residence;

(3) The date, time and place of the consignment, sale or trade, and the purchase price or other monetary amount of the transaction;

(4) An accurate and detailed account and description of the item consigned, sold or traded, including, but not limited to, any and all trademarks, identification numbers, serial numbers, owner-applied numbers, model numbers, brand names or other identifying marks on such item;

(5) The identification number from any of the following forms of identification of the consignor, seller or trader:

a. An identification card issued in accordance with Section 42-2-302, C.R.S.;

b. A valid state driver's license;

c. A valid driver's license containing a picture issued by another state;

d. A military identification card;

e. A valid passport;

f. An alien registration card; or

g. A nonpicture identification document issued by a state or federal government entity, if in addition to the document, the secondhand dealer also obtains a clear imprint of the consignor's, seller's or trader's right index finger (or in the event the right index finger is missing, then the customer's left index finger).

(6) A written declaration of ownership obtained from and signed by the seller, consignor or trader in the presence of the secondhand dealer stating:

a. Whether such property that is the subject of the transaction is solely owned by the consignor, seller or trader and if not solely owned, attaching a power of attorney from all co-owners of the property authorizing the seller, consignor or trader to sell or otherwise dispose of such property;

b. How long the seller, consignor or trader has owned the property;

c. Whether the consignor, seller or trader or someone else found the property; and

d. If the property was found, a detailed description of the circumstances under which the property was found.

(7) A declaration by the secondhand dealer that the secondhand dealer is the rightful owner of the secondhand property and a description of how the secondhand dealer obtained the property, including the serial number of such property, if available, or a copy of the bill of sale of such property; and

(8) A declaration by the secondhand dealer that the secondhand dealer has knowledge of the requirement that a record of the sale or trade must be mailed or delivered to the local law enforcement agency, as required by § 15-321 and by Section 18-13-114(1), C.R.S.

(Code 1972, § 73-4(A); Ord. 92, 2000, 8-15-00)

Sec. 15-321. Forms to be sent to police and open to inspection.Go to the top

(a) Every secondhand dealer shall make such record as required by § 15-320 upon forms to be delivered to such dealer by Police Services. A secondhand dealer shall mail or deliver the record of the consignment, sale or trade to Police Services within three (3) days of the date of such consignment, sale or trade and shall keep a copy of such record for at least three (3) years after the date of the consignment, sale or trade.

(b) Upon request during ordinary business hours, the secondhand dealer shall submit and exhibit the records required to the inspection of any regular peace officer and permit any officer to make a copy. The dealer shall, upon request, exhibit for the inspection of any of the officers any personal property or merchandise that may be received by the dealer.

(Code 1972, § 73-4(B); Ord. 92, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-322. Records for sales tax collection for flea market sales.Go to the top

(a) Every secondhand dealer or any person who is a dealer of new goods who is a retailer and sells such goods at a flea market or similar facility or any nonpermanent location shall keep and preserve suitable records of consignments, trades or sales made and such other books or accounts as may be necessary to determine the amount of tax for the collection of which the dealer is liable under Title 39, Article 26, Part 1, C.R.S.

(b) It is the duty of every such person to keep and preserve for a period of three (3) years all invoices of goods and merchandise purchased for resale. All such books, invoices and other records shall be open for examination at any time by the Executive Director of the State Department of Revenue, said Director's duly authorized agents or any peace officer.

(c) In the case of flea markets and similar facilities in which secondhand property is offered for sale, on consignment or trade, the operator thereof shall inform each secondhand dealer of the requirements of this Article and shall provide the form for recording the information required by § 15-320.

(d) In the case of flea markets and similar facilities in which secondhand property is offered for sale, consignment or trade, the operator thereof shall record the name and address of each secondhand dealer offering secondhand property for sale, consignment or trade at the flea market or similar facility, and the identification number of such dealer as obtained from any of the forms of identification enumerated in Paragraph 15-320(5). Such record shall be mailed or delivered by the operator to Police Services within three (3) days of the date the secondhand dealer offered secondhand property for sale, consignment or trade at the flea market or similar facility. A copy of such record shall be retained by each secondhand dealer offering secondhand property for sale, consignment or trade at the flea market or similar facility.

(Code 1972, § 73-4(C)—(E); Ord. 92, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Cross-reference—Sales and use tax, § 25-71 et seq.

Sec. 15-323. Notice; penalties.Go to the top

Except in the case of flea markets and similar facilities as provided in this Article, every secondhand dealer shall conspicuously post a notice to be provided by Police Services in a place clearly visible to all buyers and traders which sets forth the provisions of this Article and of Sections 18-13-114 through 18-13-116, C.R.S., and which sets forth the penalties for violating such sections and for violating Section 18-4-410, C.R.S., concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. Said notice may also include information regarding any reimbursement policy of the dealer. In the case of flea markets and similar facilities, the operator shall post the notice required by this Section in such a manner as to be obvious to all persons who enter the flea market or similar facility.

(Code 1972, § 73-5; Ord. 92, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-324. Certain property to be held and inspection of premises.Go to the top

(a) Every secondhand dealer shall keep all secondhand property acquired by purchase or trade for a period of thirty (30) days before it is sold and, during such period of time, such property shall not be changed in form or packaging or altered in any other way; provided, however, that serialized property, and stamped and assayed gold and silver bullion and gold coins, may be sold or transferred after ten (10) days, so long as the secondhand dealer records:

(1) The identity and residential address of any person to whom the secondhand dealer sells or transfers such property by any means provided for in Paragraph 15-320(6), and

(2) The date, time and place of such sale or transfer.

(b) Any peace officer may order a secondhand dealer to hold any tangible personal property deposited with, or in the custody of, said secondhand dealer, if the officer has reasonable suspicion to believe that such property is connected with criminal activity, for purposes of further investigation. No sale or other disposition may be made of such property held by any secondhand dealer while the hold order remains in effect; provided, however, that no such hold order shall be effective for more than ninety (90) days unless a criminal prosecution has been undertaken with regard to the property that is the subject of the hold order, in which event the hold order shall remain in effect until the prosecuting agency has notified the secondhand dealer that the prosecution has been completed or dismissed.

(c) The physical premises of any licensed secondhand dealer business, including any area in which tangible personal property is located, shall be subject to inspection by Police Services during all business hours and other times of apparent activity, for the purpose of investigation and inspection of records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon the request of any member of Police Services. For the purposes of this provision, the term licensed premises shall not include any private residence adjacent to the licensed premises except such portion of said residence, if any, that is used in the operation of the business of the secondhand dealer.

(Code 1972, § 73-6; Ord. 92, 2000, 8-15-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 15-325. Purchase from minors prohibited.Go to the top

No secondhand dealer shall acquire by purchase or trade any secondhand personal property from any person under the age of eighteen (18) without the written consent of their parent or legal guardian.

(Code 1972, § 73-7; Ord. 92, 2000, 8-15-00)

Sec. 15-326. Goods stolen or illegally obtained to be returned or surrendered.Go to the top

(a) Any secondhand dealer who has obtained property or merchandise, either new or secondhand, from any person, not knowing it to have been stolen or illegally obtained, shall deliver said property into the hands of the lawful owner when said owner has made a reasonably accurate and certain identification of said property by means of number, description or otherwise.

(b) Unless a warrant is required by law or consent is given, any peace officer who determines after investigation that any article of personal property held by a secondhand dealer is stolen or illegally obtained may take such property into evidence after giving the secondhand dealer a receipt for the property which sets forth Police Services' case number as well as the reason(s) for the confiscation.

(Code 1972, § 73-8; Ord. 92, 2000, 8-15-00)

Sec. 15-327. Information required/false information.Go to the top

It shall be unlawful for a vendor renting or using a space or booth in a flea market to fail to provide his or her name, address, date of birth, driver's license number and other identifying number to a flea market operator who requests such information pursuant to Subsection 15-318(f) or to provide false identifying information to such operator.

(Ord. No. 142, 2006 § 6, 10-03-06; Ord. No. 193, 2006 § 1, 12-19-06)

Sec. 15-328. Violations and penalties.Go to the top

In addition to the revocation, denial or suspension of any license issued, any person who shall violate any of the provisions of this Article, and any person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by § 15-320 shall be guilty of a misdemeanor, punishable in accordance with § 1-15.

(Code 1972, § 73-9; Ord. 92, 2000, 8-15-00; Ord. No. 142, 2006 § 6, 10-03-06)

Cross-reference—General penalty, § 1-15.

Secs. 15-329—15-340. Reserved.


ARTICLE XII.Go to the top
RESERVED*

Secs. 15-341—15-360. Reserved.


ARTICLE XIII.Go to the top
RIGHT-OF-WAY CONTRACTORS**

Sec. 15-361. License required.Go to the top

It shall be unlawful for any person, company, corporation, partnership, joint venture, limited liability company or other association (hereinafter referred to as person) (1) to perform or contract to perform work of any kind in the public right-of-way without first obtaining a license to perform such work, or (2) to perform work in any category described in § 15-365 without first obtaining an endorsement as provided therein for the specific category of work sought to be performed. It shall be unlawful for any person to perform or contract to perform work on any utility which is or will be owned or maintained by the City or which will connect to and become a part of a City-owned or -maintained utility, whether located in the public right-of-way or in an easement, without first obtaining a license and endorsement to perform such work.

(Code 1972, § 73-127; Ord. No. 180, 1998, § 1, 10-20-98)

Cross-reference—Contractor licensing, § 15-154 et seq.

Sec. 15-362. Application and fee for license and endorsement.Go to the top

Applications for a right-of-way contractor's license and endorsement (as provided in § 15-365) shall be made to the City Engineer. The City Engineer is hereby authorized to establish forms for the application and to require any such information and documentation from applicants as may be reasonably necessary to accomplish the purposes of this Article. An application fee shall be established as authorized in Chapter 7.5, Article I of this Code, which fee shall be paid prior to or concurrently with submittal of the application.

(Code 1972, § 73-128; Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-363. Bond required.Go to the top

All license applications shall be accompanied by a license and permit bond executed by a reliable surety company with a rating of "A-" or better. The bond certificate provided to the City shall be an original (not a copy). The bond shall be in the amount of twenty thousand dollars ($20,000.) with an additional and separate bond in the amount of ten thousand dollars ($10,000.) for each license endorsement as provided in § 15-365. All bonds shall be continuous, with a minimum cancellation notice of sixty (60) days. In the event a bond is canceled, the license will be immediately revoked and no further work will be allowed to occur; however the bond, even though canceled, must remain effective through the warranty period associated with all previously completed work items.

(Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-364. Insurance required.Go to the top

All license applications shall be accompanied by an original certificate of commercial general liability insurance insuring the contractor and naming the City as an additional insured against any liability arising out of ownership, use, occupancy or construction of the work and all areas appurtenant thereto with a combined single limit of one million dollars ($1,000,000.). The limits of said insurance shall not, however, be a limit to the liability of the licensee hereunder. Insurance required shall be with companies qualified to do business in the State with a general policy holder's financial rating of not less than "B++" as set forth in the most current edition of "Bests Insurance Reports" and may provide for deductible amounts as the contractor may deem to be reasonable, but in no event greater than one thousand dollars ($1,000.). No such policies shall be cancelable or subject to reduction in coverage limits or other modification except after thirty (30) days prior written notice to the City. However, where cancellation of coverage is due to nonpayment of the premium a ten-day written notice to the City is required. The contractor shall not do or permit to be done anything which will invalidate the insurance policies referred to in this Section. Policies described above shall be for the mutual and joint benefit and protection of the contractor and the City. Such policies shall contain a provision that the City, although named as an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents, citizens and employees by reason of negligence of the contractor. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the City may carry.

(Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-365. Licenses and endorsements.Go to the top

Any person wishing to perform work, regardless of the nature of the work, shall be required to obtain a right-of-way contractor's license prior to performing the work as provided in § 15-361. Additionally, any person wishing to perform work in one (1) of the following categories shall first qualify for, and obtain a license endorsement to perform such work as follows:

Endorsements:

Asphalt: Required in order to perform asphalt paving, asphalt patching, slurry seal, chip seal, crack seal and other similar asphalt related work.

Utility: Required in order to perform work on any utility which is or will be owned, operated or maintained by the City or any utility which will connect to and become a part of any City-owned utility.

Nonstructural Concrete: Required in order to construct curbs, gutters, sidewalks, cross-pans, tricklepans and perform other similar nonstructural concrete work.

Structural Concrete: Required in order to construct concrete box culverts, inlets, concrete underwalk culverts, bridges, concrete drainage structures, and perform other similar structural concrete work.

The City Engineer shall be authorized (1) to determine whether the applicants are qualified to perform the kind of work included under the endorsement(s) being requested, and (2) to issue the license and appropriate endorsement(s) to qualified applicants who fully comply with this Article.

(Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-366. Issuance of license and fee.Go to the top

Upon approval of qualifications by the City Engineer, receipt by the City of an original bond certificate and insurance certificate, purchase of the current edition of all applicable City standards and specifications and payment of the license fee, the applicant will be issued a license and endorsement(s) as applicable. A license fee shall be established as authorized in Chapter 7.5, Article I of this Code, which fee shall be paid prior to or concurrently with issuance of the license.

(Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-367. Guarantee of work.Go to the top

Any person licensed to perform work in the public right-of-way shall guarantee the work for a period of two (2) years or as required in the applicable City standards and specifications which apply to the work performed, whichever is longer. This guaranty shall include all repairs required due to defects in materials or workmanship. This guaranty shall also include defects consisting of settling of trenches or other fills or excavations. The determination of the necessity for such repairs shall be made by the City Engineer, which determination shall be final. If, at any time within the period of the guaranty, the licensee shall fail or refuse to make repairs required by the guaranty, then the City may proceed to cause the repairs to be made and to recover the cost by action against the bond of the licensee.

(Code 1972, § 73-129; Ord. No. 180, 1998, § 1, 10-20-98)

Sec. 15-368. Suspension or revocation of license or endorsements.Go to the top

The City Engineer may suspend or revoke any license or endorsement issued under this Article upon determining that the licensee:

(1) Has failed to abide by the requirements of this Code, including this Article, relating to work done under the license and/or endorsement.

(2) Is unqualified to perform the work for which the license or endorsement was issued.

(3) Has demonstrated a careless, dangerous or destructive approach to the work being performed.

(4) Has violated provisions of the applicable construction or repair standards or specifications.

Upon taking action to suspend or revoke a license, the City Engineer shall give written notice to the licensee of such action. Such license shall not be in effect again until duly reinstated by the City Engineer, nor shall any refund of the license fee be made for any length of time for which the license has been suspended or revoked. The licensee may appeal the decision of the City Engineer to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code.

(Code 1972, § 73-131; Ord. No. 180, 1998, § 1, 10-20-98; Ord. No. 129, 2002, § 10, 9-17-02)

Sec. 15-369. Exceptions.Go to the top

The requirements of this Article shall not apply to:

(1) City crews performing work in the public right-of-way;

(2) Any party contracting with the City to perform work in the public right-of-way;

(3) Utility companies performing work in the public right-of-way using utility company crews (not including contractors for such utility companies); or

(4) Individual residential property owners who are working within the public right-of-way abutting such residential property.

(Ord. No. 180, 1998, § 1, 10-20-98)

Secs. 15-370—15-380. Reserved.


ARTICLE XIV.Go to the top
OUTDOOR VENDORS*

Sec. 15-381. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Block face shall mean the portion of a street between two (2) intersections, including all on-street parking within such boundaries.

Commissary shall mean a commissary that is approved as such under the laws and regulations of the State and County that govern retail food establishments.

Commissary-prepared shall mean prepared, cooked and assembled in a commissary, without further preparation, cooking or assembly after leaving said commissary.

Food shall mean a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

Licensee shall mean a person who has been issued a license under the provisions of this Article.

Mobile food truck shall mean a motorized wheeled vehicle or towed wheeled vehicle designed and equipped to serve food. Mobile food truck shall include both "hot trucks," upon which food is cooked and prepared for vending, and "cold trucks," from which only commissary-prepared, ready-to-eat or packaged foods in individual servings are handled.

Mobile food truck vendor shall mean an outdoor vendor who operates from a mobile food truck.

Neighborhood mobile food vendor shall mean an outdoor vendor operating in locations on streets that are in neighborhood zone districts from a mobile food truck or pushcart licensed for use in the retail sale or service of only commissary-prepared, ready-to-eat or packaged food in individual servings. Neighborhood mobile food vendor shall not include a vendor operating from a mobile food truck or pushcart on which food is cooked.

Neighborhood zone district shall mean one (1) of the following zone districts, as established in Article 4 of the Land Use Code: Rural Lands (R-U-L); Urban Estate (U-E); Residential Foothills (R-F); Low Density Residential (R-L); Low Density Mixed-Use Neighborhood (L-M-N); Medium Density Mixed-Use Neighborhood (M-M-N); Neighborhood Conservation, Low Density (N-C-L); Neighborhood Conservation, Medium Density (N-C-M); Neighborhood Conservation, Buffer (N-C-B); and High Density Mixed-Use Neighborhood (H-M-N).

Non-neighborhood zone district shall mean any zone district, as established in Article 4 of the Land Use Code, that is not a neighborhood zone district.

Old Town Plaza shall mean the outdoor plaza area owned and managed by the Downtown Development Authority within the area bounded on the south by the northern edge of the Mountain Avenue right-of-way; on the west by the eastern edge of the College Avenue right-of-way; on the north and northeast by the southern and southwestern edge of the Walnut Street right-of-way; and on the east by the most westerly point at which the Walnut Street and Mountain Avenue rights-of-way intersect.

Outdoor vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise, including, but not limited to, food or beverage, from any outdoor location, except that outdoor vendor shall not include a person who:

(1) Vends from private premises where the same or similar services or goods are also offered on a regular basis from an indoor location on such premises;

(2) Vends from a public sidewalk pursuant to a City encroachment permit if the person vending also vends the same or similar services or goods on a regular basis from an indoor location on premises immediately adjacent to such location;

(3) Vends directly and exclusively to manufacturers, wholesalers or retailers for the purpose of resale;

(4) Vends by or on behalf of the City or at an outdoor event sponsored by the City;

(5) Vends from property owned by the City, if such vending is pursuant to a concession agreement or other agreement with the City or is pursuant to a facility-specific permit issued for operation at said facility by the City department authorized to issue such permits, such as a permit to operate in a park or recreation area or on a trail pursuant to Subsection 23-203(d) of this Code;

(6) Vends from a public sidewalk within the Downtown Zone District, as defined and established in the Land Use Code, pursuant to a concession agreement with the City;

(7) Vends from and within Old Town Plaza under a written license or other agreement with the Downtown Development Authority;

(8) Vends at a yard sale; provided, however, that this exception shall not apply to a person who has vended at five (5) or more previous yard sales within the preceding twelve (12) months;

(9) Vends as part of an auction conducted pursuant to a license issued by the City under Division 2, Article IV of this Chapter;

(10) Vends outdoor transportation services as a public utility under a certificate of public convenience and necessity issued by the Colorado Public Utilities Commission; or

(11) Vends food or catering services at an individual private residence for a private event.

Outdoor vendor of miscellaneous goods and services shall mean an outdoor vendor who offers miscellaneous goods or services to the public on private property. Outdoor vendor of miscellaneous goods and services shall include, but not be limited to, Christmas tree lots, pumpkin patches and other temporary outdoor holiday sales; vehicle windshield chip repair; temporary car wash events; and temporary nonprofit fundraising sales.

Outdoor vendor of transportation services shall mean an outdoor vendor (not regulated by the Colorado Public Utilities Commission) who offers transportation services to the public. Outdoor vendor of transportation services shall include, but not be limited to, vendors of valet parking services; transportation services by pedal power such as pedi-cab or conference bicycle services; horse-drawn carriage rides; or other means of transportation service offered for hire.

Packaged shall mean bottled, canned, cartoned, securely bagged or securely wrapped, whether packaged in a food establishment or a food processing plant. Packaged shall not include a product in a wrapper, carry-out box or other nondurable container used to protect food during the service and receipt of the food by the consumer.

Private shall mean any location that is not a public right-of-way or public street, alley or sidewalk.

Pushcart shall mean a mobile vending cart, pushcart or trailer that is not motorized or attached to a vehicle for towing and that does not exceed ten (10) feet in length (excluding the length of the trailer hitch, if any), four (4) feet in width or eight (8) feet in height. A pushcart may be used to cook and prepare food for vending or to serve commissary prepared, ready-to-eat or packaged food in individual servings.

Pushcart vendor shall mean an outdoor vendor operating from a pushcart.

Ready-to-eat food shall mean food that is edible and that is in the form in which it is reasonably expected to be consumed without further washing, cooking or additional preparation.

Special vending license shall mean a temporary outdoor vendor license issued pursuant to Subsection 15-382(c) below for outdoor vending at an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special events permit under Chapter 23.5 of this Code.

Vend or vending shall mean the sale, attempt to sell or offering to the public of any services, goods, wares or merchandise.

Yard sale shall mean the offering of goods for sale for no longer than a period of three (3) consecutive days, from an informal stand or display on an individual residential lot in a residential zone district by or on behalf of the owner or resident of the lot, provided that such owner or resident is not in the business of selling at retail or wholesale the goods offered at the yard sale. Yard sale shall include, but not be limited to, yard sales, garage sales, lemonade stands and bake sales.

(Ord. No. 182, 1986, § 3(73-155), 11-18-86; Ord. No. 36, 1994, § 7, 3-15-94; Ord. No. 29, 2005, 3-15-05; Ord. No. 058, 2012, §1, 7-17-12)

Sec. 15-382.  License required.Go to the top

(a)  It shall be unlawful for any outdoor vendor to engage in such business within the City without first obtaining a license in compliance with the provisions of this Article.

(b)  Any person who arranges for or allows one (1) or more outdoor vendors to operate at a special event held pursuant to a license issued under Chapter 23.5 of this Code must obtain an outdoor vendor license under this Article. Upon the issuance of such license, the outdoor vendors vending at such special event shall be relieved of the obligation to obtain individual licenses under this Article in order to operate as part of said special event. Notwithstanding the provisions of § 15-386 and § 15-387 of this Article, the requirements applicable to outdoor vendors operating as part of a special event held under a license issued pursuant to Chapter 23.5 of this Code shall be determined by the Financial Officer on a case-by-case basis, taking into consideration the location, nature and scope of the special event, and any related circumstances.

(c)  The Financial Officer may issue a special vending license to a person responsible for an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special events permit under Chapter 23.5 of this Code. Notwithstanding the provisions of § 15-386 and § 15-387 of this Article, the requirements applicable to outdoor vendors operating as part of a special vending license event shall be determined by the Financial Officer on a case-by-case basis, taking into consideration the location, nature and scope of the special vending event and any related circumstances. Upon the issuance of such special vending license, an outdoor vendor operating within the terms of and as part of a special vending license shall not be required to obtain a separate outdoor vendor license for that operation. Any special vending license shall be subject to the following restrictions and limitations:

(1)  No more than four (4) such licenses shall be issued for a specified property during any calendar year;

(2)  No more than a total of eight (8) outdoor vendors may participate as part of a licensed event; and

(3)  The number and type of outdoor vendors to be allowed as part of a licensed event shall be determined by the Financial Officer based on the specific circumstances of the proposed event, including, but not limited to, the location of the event, the size of the lot where the event is held, the types of surrounding land uses and their proximity to the event and any other potential impacts on public health, safety and welfare that the proposed event may have.

(d)  The application fee to be paid to the City for the issuance, modification or renewal of any license pursuant to this Article shall be set by the City Manager pursuant to his or her authority to establish administrative fees as set forth in Chapter 7.5 of this Code.

(Ord. No. 182, 1986, § 3(73-154), 11-18-86; Ord. No. 36, 1994, §§ 8, 9, 3-15-94; Ord. No. 058, 2012, §2, 7-17-12; Ord. No. 065, 2014, § 1, 5-20-14)

Sec. 15-383. Application for license; license modifications.Go to the top

(a) An application for a license under this Article shall be submitted to the Financial Officer no less than five (5) working days prior to the first day of proposed operation.

(b) A license may be issued under this Article for a period of either six (6) months or twelve (12) months, except that a special vending license as described in Subsection 15-382(c) above may be issued for a specified period not to exceed three (3) days.

(c) A request for a modification of a license to add new vehicles, operations or locations or to modify other license restrictions or conditions, as applicable, shall be submitted to the Financial Officer and shall meet all of the requirements and be reviewed in the same manner as an application for a license hereunder. The term of a license may not be modified to extend beyond the originally applicable six- or twelve-month period.

(Ord. No. 182, 1986, § 3(73-156), 11-18-86; Ord. No. 36, 1994, §§ 10—12, 3-15-94; Ord. No. 058, 2012, §3, 7-17-12)

Sec. 15-384. Contents of application.Go to the top

(a) The application shall contain the following information:

(1) Name, address and telephone number of the applicant and, if other than the applicant, name, address and telephone number of the person managing or supervising the applicant's business during the proposed period of operation; and, if a corporation, the state under which it is incorporated and appropriate evidence of good standing to do business in the State;

(2) Type of operation to be conducted, including the particular type of service, goods, wares or merchandise to be sold;

(3) A description of the design of any vehicle, pushcart, kiosk, table, chair, stand, box, container or other structure or display device to be used in the operation by the applicant, including the size and color, together with any logo, printing or sign which will be utilized by the applicant, and the license plate and registration information for any vehicle to be used;

(4) The proposed period of operation, if less than the entire six- or twelve-month license period;

(5) The proposed hours and days of operation;

(6) Each location on private property for which the application is made;

(7) Written consent of the property owner if the location for which the application is made is on private property;

(8) Proof of liability insurance as required by Subsection 15-387(c) of this Article;

(9) A plan of each (not every) location on private property for which the application is made, showing the location of existing and proposed structures, access, equipment and parking;

(10) Documentation of a sales and use tax license in good standing issued by the Colorado Department of Revenue, the County and the City; and

(11) For the vending of food, documentation of regulatory approval as a retail food establishment by the County.

(b) The Financial Officer may request and require such additional information as he or she deems necessary in order to consider the application and make the required determinations as set forth in this Article. The time frame for review of any application shall be suspended during the pendency of any such request for additional information.

(Ord. No. 182, 1986, § 3(73-156), 11-18-86; Ord. No. 36, 1994, §§ 13, 14, 3-15-94; Ord. No. 058, 2012, § 4, 7-17-12)

Sec. 15-385. Review and approval.Go to the top

(a) Applications shall be considered individually and in chronological order as established by the date of receipt of a properly completed application. However, no application will be accepted for review more than sixty (60) days prior to the proposed period of operation. Within five (5) working days of the filing of an application under § 15-384 above, 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 consistent with the requirements of this Article and compatible with the public interest. In making such determination, the Financial Officer shall consider the following factors and may consider other factors the Financial Officer considers necessary to protect the health, safety and welfare of the public:

(1) The degree of congestion of any public right-of-way that may result from the proposed use and the design and location of any operating locations on private property, including the probable impact of the proposed use on the safe flow of vehicular and pedestrian traffic. Factors to be considered shall include but not be limited to, the width of streets and sidewalks, the volume of traffic and the availability of off-street parking;

(2) The proximity, size, design and location of existing street fixtures and furniture at or near the specified locations, including, but not limited to, sign posts, lampposts, bus stops, benches, telephone booths, planters and newspaper vending devices;

(3) The probable impact of the proposed use on the maintenance, care and security of the specified location;

(4) The recommendations of the Planning. Development and Transportation Services Director and the Community and Operations Services, insofar as the specified locations may affect the operation of those service areas, based upon the factors recited herein; and

(5) The level and types of outdoor vendor activity already licensed for the specific locations proposed in the application, and the impacts that the issuance of a license may have on surrounding properties.

(b) The Financial Officer shall also obtain the determination of the Zoning Administrator as to whether the proposed use conforms to the requirements of the Land Use Code as applied to any specified location. If the Zoning Administrator determines the proposed use is not in compliance with the requirements of the Land Use Code, the application shall not be approved.

(c) If the Financial Officer determines that the issuance of a requested outdoor vendor license would be consistent with the requirements of this Article, with or without additional conditions, the Financial Officer shall issue the license, subject to any such conditions. If the Financial Officer determines that the issuance of an outdoor vendor license would not be consistent with the requirements of this Article, the Financial Officer shall notify the applicant of his or her determination in writing, with an explanation of the reasons for such denial.

(Ord. No. 182, 1986, § 3(73-157), 11-18-86; Ord. No. 36, 1994, § 15, 3-15-94; Ord. No. 51, 1997, § 10, 3-18-97; Ord. No. 130, 2002, §§ 5, 25, 9-17-02, Ord. No. 082, 2007, 8-21-07; Ord. No. 030, 2012, § 45, 4-17-12; Ord. No. 058, 2012, § 5, 7-17-12; Ord. 133, 2012, 12-4-13)

Sec. 15-386. Requirements for issuance.Go to the top

(a) Each license shall be valid only for the specific location or locations described on the face of the license.

(b) In addition to the licensee's name, address and telephone number, the license shall contain the following:

(1) The type of operation;

(2) The period of time for which the license was issued;

(3) The hours and days of operation;

(4) The designated location or locations, including specified types of public rights-of-way, as applicable;

(5) A brief description of any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device to be utilized by the licensee;

(6) Any special terms and conditions of issuance;

(7) A statement that the license is personal and is not transferable in any manner;

(8) A statement that the license is valid only when used at the location or locations designated on the license;

(9) A statement that the license is subject to the provisions of this Article.

(Ord. No. 182, 1986, § 3(73-159), 11-18-86; Ord. No. 058, 2012, §7, 7-17-12)

Sec. 15-387.  Restrictions and operation.Go to the top

(a)  No licensee may use, for the purpose of on-site storage, display or sale, any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device not described on the face of the license.

(b)  No such vehicle, structure or device referred to in Subsection (a) above shall be located:

(1)  In any on-street parking space that is not parallel to the adjacent street;

(2)  In any public parking space in a manner that does not comply with applicable parking regulations or a properly issued parking permit for the use of said parking space;

(3)  Upon a public sidewalk within the extended boundaries of a crosswalk;

(4)  Within ten (10) feet of the extension of any building entranceway, doorway or driveway;

(5)  Upon a public sidewalk within the Downtown Zone District, as defined and established in Article 4 of the Land Use Code (except as a concessionaire of the City);

(6)  Upon a public right-of-way, or public street, alley or sidewalk within a City park or other City facility (except as a concessionaire or pursuant to a permit issued for operation in a park or recreation area or on a trail pursuant to Subsection 23-203(d) of this Code, or for operation at another City facility pursuant to a facility-specific permit issued by the City); or

(7)  In any location in which the vehicle, structure or device may impede or interfere with or visually obstruct:

a.  the safe movement of vehicular and pedestrian traffic;

b.  parking lot circulation; or

c.  access to any public street, alley or sidewalk.

(c)  No licensee shall operate during the hours of 3:00 a.m. to 7:00 a.m.

(d)  Each licensee who, during the course of its licensed activities, operates within or enters upon a public right-of-way or publicly owned property shall maintain liability insurance in an amount to be determined by the Financial Officer according to administrative regulation with proof of the same to be presented at the time of submission of the application. Any licensee who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property.

(e)  Each licensee shall pick up and dispose of any paper, cardboard, wood or plastic containers, wrappers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the licensee if the radius of the designated location exceeds twenty-five (25) feet. The licensee shall carry a suitable container for the placement of such litter by customers or other persons.

(f)  Each licensee shall maintain in safe condition any vehicle, structure or device as described in Subsection (a) above, so as not to create an unreasonable risk of harm to the person or property of others, and shall use flashing lights and other similar warning and safety indicators when stopped to vend services in any location in a street right-of-way.

(g)  No licensee shall leave unattended any vehicle, structure or device as described in Subsection (a) above, on a public right-of-way or at any licensed location, or place on public sidewalks or in public streets or alleys any structures, canopies, tables, chairs or other furniture or equipment.

(h)  Each licensee shall prominently display the license issued hereunder in a location readily visible to the public on each vehicle, structure or device as described in Subsection (a) above.

(i)  Each licensee operating in an on-street location must serve the public only from the sidewalk and not from the street or adjacent parking spaces.

(j)  Each licensee shall comply with the provisions of all applicable ordinances of the City as well as the requirements of all state and federal laws, including, but not limited to, City noise restrictions, sign regulations, limitations on discharge of liquid waste, sales and use tax requirements and food safety and other related requirements established by State or County regulation.

(k)  No more than two (2) outdoor vendors of any specified type may be licensed to operate on any lot, tract or parcel of land, except that this limitation shall not apply to special vending licenses and licenses for special events as described in § 15-382 of this Article.

(l)  Each licensee shall have an affirmative and independent duty to determine the safety and suitability of any particular stopping point or location of operation, both in general and at any particular time and to operate in a manner reasonably calculated to avoid and prevent harm to others in the vicinity of the licensee's operations, including, but not limited to, potential and actual customers, pedestrians and other vendors or vehicles.

(m)  The following additional requirements shall apply to particular types of outdoor vendor licensees, as specified:

(1)  Mobile food truck vendors shall:

a.  Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed;

b.  Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade;

c.  Vend only food and nonalcoholic beverages; and

d.  Permanently affix or paint any signage on the mobile food truck, with no signs/banners in or alongside street right-of-way or across roadways.

(2)  Pushcart vendors shall:

a.  Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed;

b.  Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade;

c.  Vend only food and nonalcoholic beverages; and

d.  Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane.

(3)  Neighborhood mobile food vendors shall:

a.  Vend only on streets in locations in neighborhood zone districts where parallel parking is allowed;

b.  Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade;

c.  Vend only during the hours of 10:00 a.m to 8:00 p.m.;

d.  Vend only food and nonalcoholic beverages;

e.  Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and

f.  Not stop to vend for more than fifteen (15) minutes in any particular cul-de-sac, or on any particular block face.

(4)  Outdoor vendors of miscellaneous goods and services shall operate only on lots in nonresidential zone districts.

(5)  Outdoor vendors of transportation services shall:

a.  Operate in accordance with all vehicular traffic laws and regulations, including, but not limited to, equipment requirements such as front and back lights and side reflectors;

b.  Limit stopping and standing in street rights-of-way or alleys so as to avoid delay or obstruction of traffic;

c.  Stop to vend services only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and

d.  Operate so as to avoid obstruction of pedestrian traffic and not on sidewalks.

(Ord. No. 182, 1986, § 3(73-160), 11-18-86; Ord. No. 058, 2012, § 8, 7-17-12; Ord. No. 065, 2014, § 2, 5-20-14)

Sec. 15-388. Renewal.Go to the top

Renewal of a license shall be treated as a new application under the provisions of this Article. Any violation by the licensee of the provisions of this Article shall be an additional factor to be considered in the review and approval procedure described in § 15-385 of this Article.

(Ord. No. 182, 1986, § 3(73-161), 11-18-86; Ord. 058, 2012, § 9, 7-17-12)

Sec. 15-389. Transfer of license or location.Go to the top

If the licensee requests the transfer of a license to a new licensee or to a new location, such request shall be treated as a new application.

(Ord. No. 182, 1986, § 3(73-162), 11-18-86; Ord. 058, 2012, § 10, 7-17-12)

Sec. 15-390. Restrictions due to changed conditions.Go to the top

The Financial Officer may suspend the vending operation of any licensee or all licensees at any designated location if he or she determines that the licensed activity in that location will no longer meet the requirements of this Article due to construction activity or other changed conditions affecting public health, safety or welfare. In such event, the Financial Officer shall provide written notice to the affected licensee or licensees, and the authorization to operate in such location shall not be reinstated until such time, if at all, as the licensed operations may be safely resumed in the judgment of the City Engineer. Any such suspension shall not extend the term of the affected license or licenses.

(Ord. No. 182, 1986, § 3(73-163), 11-18-86; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 058, 2012, § 11, 7-17-12)

Sec. 15-391. Revocation or nonrenewal.Go to the top

The Financial Officer may temporarily suspend, or permanently revoke and shall not renew, any license issued pursuant to this Article if the Financial Officer determines that any of the following have occurred:

(1) Fraud, material misrepresentation or false statement in the application for the license or any renewal application;

(2) Failure to obtain a sales and use tax license as required by the City or to remit any sales tax due the City;

(3) Failure to operate or supervise operations conducted under the license, so as to reasonably ensure that such operation is in compliance with the terms of the license and with the provisions of this Article; or

(4) Authorizing, condoning or knowingly tolerating any unlawful vending operations or any operation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public.

(Ord. No. 058, 2012, § 12, 7-17-12)

Sec. 15-392. Violations and penalties.Go to the top

In addition to the suspension, revocation or denial of any license issued hereunder, any person who violates the provisions of this Article may be punished by a fine or imprisonment or both, in accordance with § 1-15 of this Code.

(Ord. No. 182, 1986, § 3(73-164), 11-18-86; Ord. No. 058, 2012, § 12, 7-17-12)

Cross-reference—General penalty, § 1-15.

Sec. 15-393. Administration.Go to the top

The Financial Officer shall administer the provisions of this Article and is authorized to promulgate reasonable rules and regulations for its administration and implementation. Such rules and regulations shall include a process for obtaining input from interested parties concerning the granting of outdoor vendor licenses and the selection of concessionaires.

(Ord. No. 36, 1994, § 16, 3-15-94)

Sec. 15-394. Appeal.Go to the top

An applicant or licensee may appeal any decision relating to his or her application or license by the Financial Officer to the City Manager in accordance with Chapter 2, Article VI of this Code. The City Manager's decision shall be final.

(Ord. No. 058, 2012, § 13, 7-17-12)

Secs. 15-395—15-410. Reserved.


ARTICLE XV.Go to the top
SOLID WASTE COLLECTION AND RECYCLING SERVICES*

Sec. 15-411. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Collector shall mean the person or entity providing collection service.

Commercial customers shall mean any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities.

Communal system for the collection of waste shall mean an arrangement for the collection of waste from multiple properties or residences using collection containers shared by those properties or residences.

Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk.

Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site.

Electronic equipment shall mean any electronic device or electronic component as those terms are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations 1007-3, Section 260.10.

Group account shall mean a customer account for solid waste collection services that provides for collection of waste from multiple residential customers, regardless of the method by which such services are contracted or arranged. An account for service arranged by a single property owner for collection of solid waste from multiple locations owned by that property owner shall not constitute a group account for the purposes of this Article.

Household recycling container shall mean bags, bin-type containers, carts or bulk-volume dumpsters and plastic receptacles used for storing and setting out recyclable materials.

Multi-family customers shall mean residential properties for which there is a communal system for the collection of solid waste.

Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and used for the collection of recyclable materials or for the collection of refuse.

Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful materials from one (1) or more specified recyclable materials including items for reuse, and shall be deemed to include only a facility that meets any federal or state standards that may be established to regulate or designate such recycling facilities.

Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to, materials used in packaging or storage containers that consist of three (3) or more layers of Kraft paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is permanently attached to other packing material or a nonpaper liner, waxed cardboard or cardboard contaminated with oil, paint, blood or other organic material.

Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable.

Recycling shall mean the process of recovering useful materials from solid waste, including items for reuse.

Refuse shall mean solid waste.

Residential customers shall mean residential properties for which a communal system for the collection of waste is not employed.

Service shall mean collecting, transporting or disposing of solid waste or recyclable materials.

Solid waste shall mean all putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials which have been source separated for collection.

Solid waste collector shall mean the person who provides solid waste collection service on a regular, recurring schedule.

Source separation shall mean to separate recyclable materials from solid waste at the waste source.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 1, 6-6-95; Ord. No. 025, 2004, § 1, 4-20-04; Ord. No. 024, 2007 § 4, 2-20-07; Ord. 052, 2009, § 2, 5-19-09; Ord. No. 023, 2013, § 4, 3-5-13)

Sec. 15-412. License requirement.Go to the top

(a) License required. No person shall operate as a solid waste collector within the corporate limits of the City without first obtaining a collection license for such activity.

(b) Exemptions. The following persons or entities are not required to obtain a solid waste collection license:

(1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity;

(2) A person who transports solid waste or recyclable materials produced by such person;

(3) A property owner or agent thereof who transports solid waste or recyclable materials left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis;

(4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition or construction work being performed by such person.

(c) Volume-based rates.

(1) Any person licensed to operate as a solid waste collector within the City shall charge all residential customers, including but not limited to residential customers provided service through a group account, on the basis of the volume capacity (or volume capacity category) of the containers of solid waste placed for collection by each residential customer. The amount to be charged for such containers shall be determined by each solid waste collector; provided, however, that no volume capacity category shall exceed a range of variation in volume capacity of more than thirty-two (32) gallons. Collectors shall determine a rate for the thirty-two-gallon service, and that rate shall be used to determine the rates for all other service levels. Said charges shall be based upon the container size, rather than the volume of solid waste actually deposited within such containers by the residential customers. The charge for additional containers of the same volume capacity (or volume capacity category) shall be no less than the charge for the first such container. The charge for prepaid bags or labels or for solid waste volumes in excess of a customer service subscription level shall be by volume capacity and shall be proportional by volume to the collector's standard rate for a thirty-two-gallon container.

(2) In order to further ensure that the charge for the collection of solid waste is based upon volume as required above, any person licensed as a solid waste collector shall provide to each residential customer disposable bags, or labels to be attached to nondisposable containers, showing the volume capacity (or volume capacity category) of such containers, or shall establish another system for accomplishing the same purpose which is acceptable to the City. A solid waste collector shall arrange for provision of service to each group account in a manner that results in an individual selection by each individual residential customer of a level of service from the full range of container sizes and levels of service offered by the hauler.

(3) In offering or arranging for services, a solid waste collector shall provide reasonable notice of the full range of bag or container sizes or levels of service offered by the hauler, and shall provide to each residential customer that customer’s requested container size or level of service.

(4) It shall be unlawful for any person to knowingly attach any such label to a container exceeding in volume the volume capacity (or volume capacity category) shown on, or represented by, such label, and to place said container for collection.

(5) No solid waste collector shall collect or transport solid waste which has not been placed for collection through such system or in bags or containers upon which such labels have been attached. Upon emptying any such containers, the collector shall remove or otherwise void all such labels.

(6) The provisions of this Subsection shall not be construed as prohibiting any collector from also establishing rules and regulations regarding the maximum weight of containers of solid waste and/or recyclable materials.

(7) A collector shall not collect any overloaded container unless the collector accounts for and bills the customer the appropriate fee or charge for the collection of excess solid waste. Loading of a container so as to prevent the lid of the container from closing securely shall be deemed to be overloading of the container for the purposes of this provision. The determination of overloading and charges therefor shall be made on an individual pick-up date basis, and there shall be no "averaging" of pick-up volumes to allow for overloading at one (1) time offset by a low volume at another time.

(d) Fixed fees.

(1) In addition to the volume-based rates required pursuant to Subsection (c) above, solid waste collectors may, but are not required to, charge a fixed fee only for solid waste collection services where bags or tags are used by their customers rather than reusable containers for the purpose of covering the fixed operational costs of routing service trucks for such collections. Surcharges for fuel or other special surcharges or fees shall be deemed to constitute a fixed fee and shall be permitted and charged only as set forth in this Subsection.

(2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed thirty-five (35) percent of the monthly volume-based rate charged for one (1) thirty-two-gallon container per week.

(3) In the event that a solid waste collector elects to establish a fixed fee, all bills for services provided by such collector to residential customers shall clearly show both the fixed fee and the volume-based rate.

(e) Refusal of recyclable materials. In the event that a collector refuses to collect any bag or container because it contains materials required to be recycled under § 12-22, the collector shall not be required under this Section to credit the customer for such refused bag or container. A collector shall not collect materials required to be recycled under § 12-22, except that, with respect to recyclable cardboard, a collector may, but shall not be obligated to, accept any bag or container that has reasonably been determined, based upon visual inspection, to contain no more than twenty-five (25) percent recyclable cardboard by volume.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 2, 6-6-95; Ord. No. 165, 1995, §§ 1, 2, 1-2-96; Ord. No. 5, 1996, § 1, 2-20-96; Ord. No. 025, 2004, § 2, 4-20-04; Ord. 052, 2009, § 3, 5-19-09; Ord. 052, 2009, §§ 3, 8, 5-19-09; Ord. No. 023, 2013, § 5, 3-5-13)

Sec. 15-413. Recycling requirement.Go to the top

(a) Curbside/on-site collection.

(1) Each solid waste collector licensed by the City shall make available to its multi-family and commercial customers, and other customers receiving solid waste collection services through a communal system of waste collection, at the customer's option, curbside collection of recyclable materials as said materials are designated from time to time by the City Manager as provided in § 15-414 of this Article. Notwithstanding the foregoing, the collection of recyclable materials from customers pursuant to this Subsection shall not be required if the collector provides documentation satisfactory to the City verifying that there is not sufficient space available to allow the placement of recycling containers without encroaching on needed parking areas or on the sidewalk or street, or without impairing or impeding bicycle, pedestrian or vehicular traffic.

(2) Each solid waste collector licensed by the City shall provide to each residential customer in the City, as a part of any solid waste collection services provided by such solid waste collector, the collection at curbside of both solid waste and recyclable materials, as said materials are designated from time to time by the City Manager as provided in § 15-414 of this Article. No such collector shall be permitted to divide or diminish the provision of said basic service at the request of such customer or for any other reason.

(b) Collection of recyclable materials; rights and duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties and rights:

(1) Except for materials which customers have not properly prepared for recycling, collectors may not commingle designated recycle materials with refuse, nor dispose of recyclable materials set out by recycling customers by any means other than at a qualified recycling facility. Recyclable materials shall include all those materials designated by the City Manager as materials which collectors must offer to collect for recycling.

(2) On or before January 1, 2010, collectors must provide to each solid waste customer who utilizes curbside recycling services within the City a poly-cart container for storing and setting out recyclable materials meeting the requirements of this Subsection, clearly marked as a recyclables container with words or symbols or both. Collectors must annually offer each residential recycling customer, in writing, a choice of at least two (2) sizes of poly-cart containers at least sixty-four (64) gallons in capacity, one (1) of which must be at least ninety-six (96) gallons in capacity. The collector must provide the requested poly-cart without additional charge to such customer, except that the collector may require the payment of a refundable damage or loss deposit or a charge for lost or damaged poly-carts, not to exceed the actual cost of the container. The collector must provide a poly-cart for recycling to all residential recycling customers except those customers who expressly decline a poly-cart, and must provide a poly-cart to any customer at any time upon request within one (1) billing period after the request is made.

(3) Household recycling containers for storing and setting out recyclable materials must be made available by collectors to all solid waste customers who utilize curbside recycling services within the City. The collector may establish such reasonable and industry-accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials and requirements for source separation.

(4) In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder.

(5) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person other than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collection.

(6) Any vehicle used for the collection of recyclables must be clearly and unambiguously marked as a recycling truck, whether by permanent decals or markings, or by signage or placards displayed at all times during such use.

(c) Frequency of collection.

(1) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services to all customers who desire such services. Recycling collection services shall include collection from poly-cart recycling containers for all customers except those who expressly opt to forego receipt of a poly-cart. Such curbside recycling collection services shall be provided on at least a once-weekly basis and on the same day of the week as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for multi-family dwelling units and dwelling units located within mobile home parks. After January 1, 2010, or after a collector has offered and made available to its customers poly-cart recycling containers, whichever first occurs, said collector may modify its recycling collection schedule as long as curbside recycling collection services are provided on the same day of the week as the day of collection of solid waste from the customer and no less frequently than two (2) times per month.

(2) Collectors providing collection services to multi-family and/or commercial customers shall provide services for the collection of recyclable materials from such customers who desire such services with such frequency as is necessary to prevent overflow of the recycling containers.

(d) Customer notification.

(1) Upon the initial provision of solid waste collection services to new customers, and on or before December 31 of each year with respect to existing customers, collectors shall notify in writing such customers of the availability of the collection of recyclable materials, the range of poly-cart recycling containers available, the materials designated for recycling collection pursuant to § 15-414 and such rules and regulations as have been established by the collector for the orderly collection of recyclable materials as authorized pursuant to Paragraph 15-413(b)(2). Such notice shall further include notification of the variable-rate solid waste collection service options offered by the solid waste collector and the related volume-based rates and fixed charges.

(2) The form of notice shall be submitted to the City for review for consistency with the requirements of this Article, and to ensure that the notice is sufficient to fully inform customers of the availability of recycling and level of service options.

(3) For group accounts, the notices required hereunder may be sent to the group representative for said account, provided that such notice shall further notify said representative of its obligation to notify all individual residential customers within the group of the availability of recycling services and the terms of variable-rate service options, pursuant to Subsection 12-19(b).

(4) All verbal and written communications with customers by or on behalf of a collector, whether in person, by telephone, in written form or through any other means, must be consistent with and clearly and accurately describe all components of the system employed by the collector to provide and charge for variable-rate solid waste collection and recycling services.

(5) The collector shall deliver to the City's Natural Resources Director a true and correct copy of each form of such notification sent on or before December 31 of each year.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 3, 6-6-95; Ord. No. 025, 2004, § 3, 4-20-04; Ord. No. 024, 2007 §§ 6, 7, 2-20-07; Ord. No. 052, 2009, § 4, 5-19-09; Ord. No. 023, 2013, § 6, 3-5-13)

Sec. 15-414. Designation of recyclable materials.Go to the top

(a) The City Manager shall, on or before the 30th day of November of each year, after consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory Board and representatives of the licensed solid waste collectors operating within the City, determine which items shall be designated for recycling collection based upon the following criteria:

(1) Local, state and federal laws and regulations, including but not limited to the requirements of this Article;

(2) Potential for waste stream reduction;

(3) Availability of markets;

(4) Market price;

(5) Safety factors and risks of transportation; and

(6) Risks of commingling of liquid wastes.

(b) Notwithstanding the foregoing, collection for recycling of electronic equipment shall be at each collector's option; provided, however, that no collector providing collection services for electronic equipment may dispose of any such electronic equipment, but instead shall deliver any collected electronic equipment for recycling at a qualified recycling facility for electronic equipment.

(c) All collectors shall be responsible for notifying their customers of the items identified to be recycled.

(d) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 024, 2007 § 8, 2-20-07; Ord. No. 023, 2013, § 7, 3-5-13)

Sec. 15-415. Application for license.Go to the top

(a) Any person desiring to obtain a license to engage in the business of solid waste collection shall make written application to the Financial Officer on forms provided by the City. All applications for renewal of a license by a licensed collector must be submitted no later than November 30 in advance of the new license year. The application shall include, without limitation, the following information:

(1) The name and address of the applicant;

(2) The principal place of business for the business to be conducted;

(3) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables, or operated or located at any time in the City during the current or pending license year, including vehicle make, color, year, U.S. Department of Transportation safety inspection identification number, cubic yard capacity, Colorado license plate number and empty tare weight.

(4) A description of the system to be used to account for and charge volume-based rates, as required under Subsection 15-412(c), and a plan describing the structure and operation of the recycling collection services to be offered to each customer class. The description of the system shall include a detailed description of the means by which residential customers are notified of and offered the full range of sizes of bags or containers provided for solid waste collection and those provided for curbside recycling. In addition, the description shall provide sufficient detail to allow the Financial Officer to determine the means by which volume-based rates are applied to residential customers receiving waste-hauling services through any group account, such as the formula used to set volume-based rates for any group accounts, and the methods used to offer and account for the volume-based charges.

(5) All information required pursuant to Subsection 15-418(a) for the preceding twelve-month period.

(b) The Financial Officer shall determine whether an application meets the requirements of this Article, and whether all taxes, fees, penalties, interest or other financial obligations to the City of the applicant or any predecessor in interest of the applicant have been met, and whether the applicant is in current compliance with the requirements of this Article. The Financial Officer may request such additional information as he or she deems relevant to a determination of whether the requirements of this Article will be met by the applicant. The Financial Officer may deny any application if the Financial Officer reasonably determines that any requirements of this Article will not be met by the operation proposed by the applicant, or if the applicant is ineligible for a license under the terms of a revocation determination by the City Manager pursuant to § 15-426.

(c) Upon a determination by the Financial Officer of whether a license shall issue under this Section, the Financial Officer shall give written notice to the applicant of his or her decision thereon. An applicant whose application has been denied may, within twenty (20) days after such decision is mailed, petition the City Manager for a hearing on the denial. The City Manager shall notify the applicant in writing of the time and place of the hearing. After such hearing, the City Manager shall make such order in the matter as he or she deems just and proper and shall furnish a copy of such final order to the applicant.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 22, 2000, § 3, 3-7-00; Ord. No. 025, 2004, § 4, 4-20-04; Ord. 052, 2009, § 5, 5-19-09)

Sec. 15-416. License requirements; fees and insurance.Go to the top

Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following:

(1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be identified under Subsection 15-415(a); and

(2) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand dollars ($500,000.) for bodily injury and property damage per occurrence or in the aggregate.

(3) Proof that each vehicle required to be identified under Subsection 15-415(a) has been registered with the U.S. Department of Transportation.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 4, 6-6-95; Ord. 052, 2009, § 6, 5-19-09)

Sec. 15-417. Term of license.Go to the top

All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable.

(Ord. No. 116, 1990, 10-16-90)

Sec. 15-418. Plans, recordkeeping and reports.Go to the top

(a) Each collector must accurately and completely account for and record, and report to the City using a form provided by the City, the following:

(1) The specific manner in which trash collection and recycling services have been delivered in compliance with this Article, including but not limited to a complete list of all rate schedules used to charge for such services, including those offered to individual customers and those offered to group accounts, as well as the frequency of collection of trash collection and recycling services;

(2) A description of any system used to impose and verify charges for trash volumes in excess of customer subscription levels;

(3) The number of individual residential, multi-family and commercial customers who received solid waste collection services from the collector, by category, together with the number of group accounts within each category and the number of any such customer category that received services through a group account; and

(4) The number of customers within each category that subscribe to each level of solid waste and recycling services, as well as the number of customers that utilize prepaid bag or tag services, and the number of recycling poly-carts provided to customers, by size of poly-cart.

(b) In addition, prior to implementation of any change to operational systems, plans or structures of any licensee which are required to be reported for issuance of a license or annually hereunder, the collector must submit such changes to the City for review.

(c) All information submitted to the City pursuant to this Section shall constitute public information, except as otherwise provided in the Colorado Open Records Act. Any such information constituting confidential customer records or financial proprietary information and identified as such by the licensee shall be maintained as confidential by the City, unless otherwise required by court order or as agreed by the relevant party-in-interest. If the City receives a request for public inspection or a request for release of any collector customer records or collector financial information to a third party, the City shall provide timely notice of such request to the licensee.

(d) Each collector licensed pursuant to this Article shall maintain accurate and complete records of the service provided to each residential customer, the charges to such customer and payments received, the form and recipients of any notice required pursuant to this Article, and any underlying records, including any books, accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each collector to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records, except for paper records of route sheets, which may be discarded one (1) year after the end of the calendar year of such route sheets.

(e) Promptly upon a request by the City Manager in connection with an audit or other investigation he or she has initiated, a licensee shall make records retained pursuant to Subsection 15-418(d) available, at its place of business or in such other reasonably convenient location as the licensee shall specify, for review by the City Manager, the Financial Officer or his or her designee, or an officer of the City charged with the investigation of potential violations of the Code, for the purpose of enforcing the requirements of this Article.

(f) A licensee shall make available for review by the City such records in its possession as may be relevant to the investigation of any complaint regarding such licensee that has been submitted to the City or is under investigation by the City.

(g) All collectors shall accurately and completely report to the City the following information, which shall be deemed to constitute public information:

(1) Number of tons of solid waste collected in the City from all residential, multi-family and commercial customers, and any other customer category, reported by category of customer. The weight of solid waste collected shall be documented and verified based on actual load weight measurements of a representative solid waste load no less frequently than on a calendar quarter basis, using a scale certified by the State, which actual weight information shall also be described and reported.

(2) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of recyclables collected through the commercial and multi-family recyclables collection program.

(3) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected through the curbside recyclables collection program.

(4) Number of tons of each type (as determined by the City Manager pursuant to § 15-414) of household recyclables collected by drop-off system. Such reports shall be made on forms to be provided by the City and shall be made for each full half-year of curbside collection performed by the collector. A half-year shall mean January 1 through June 30 or July 1 through December 31. All such reports shall be submitted to the City Manager no later than thirty (30) days following the close of each half-year.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 5, 6-6-95; Ord. No. 22, 2000, § 4, 3-7-00; Ord. No. 025, 2004, § 5, 4-20-04; Ord. 052, 2009, § 7, 5-19-09)

Sec. 15-419. Disposal of solid waste.Go to the top

All persons holding licenses pursuant to this Article and engaged in the business of collection of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site which is approved by any state. No solid waste shall be disposed of at any other location either inside or outside of the City.

(Ord. No. 116, 1990, 10-16-90; Ord. No. 58, 1995, § 6, 6-6-95; Ord. No. 22, 2000, § 5, 3-7-00)

Sec. 15-420. Identification of vehicles.Go to the top

Each vehicle used in the solid waste collection business shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted.

(Ord. No. 116, 1990, 10-16-90)

Sec. 15-421. Hours of operation.Go to the top

No collector shall operate any vehicle for the purpose of collection of solid waste or recyclable materials on any street designated by the City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours").

(Ord. No. 58, 1995, § 7, 6-6-95)

Sec. 15-422. Investigation of reports, records and other items relating to compliance with this Article.Go to the top

For the purpose of ascertaining the correctness of any reports, plans or other documents submitted or required to be prepared and maintained by a licensed collector pursuant to this Article, or for the purpose of determining compliance with any requirements of this Article of any person, whether or not the same is licensed under this Article, the City Manager may hold investigations, including audits, and hearings concerning any matters covered by this Article, and may examine any relevant books, papers, records or memoranda of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of transactions involved, and may take testimony and proof of the information. The City Manager shall have the power to administer oaths to such persons. Except for routine or random audits, any such investigation shall be based upon reasonable suspicion of a violation as determined by the City Manager. The City Manager shall provide advance notice to the affected solid waste collector of his or her intent to conduct an investigation under this Section, unless the City Manager determines that provision of such notice may compromise the purpose of the investigation.

(Ord. No. 22, 2000, § 6, 3-7-00; Ord. No. 025, 2004, § 6, 4-20-04)

Sec. 15-423. Subpoenas and witness fees.Go to the top

All subpoenas issued under the terms of this Article may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the same as the fees of witnesses before the District Court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of any other party to such proceeding, the City Manager may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the City Manager, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued through a court of record.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-424. Attendance of witnesses and production of evidence to be compelled by Municipal or District Judge.Go to the top

Any Judge of the Municipal Court or the District Court, upon the application of the City Manager, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the City Manager, by an action for contempt or otherwise in the same manner as the production of evidence may be compelled before such court.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-425. Depositions.Go to the top

The City Manager, or any party to an investigation or hearing before the City Manager, may cause the deposition of witnesses residing within or without the Sstate to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-426. Suspension or revocation of license.Go to the top

The City Manager may, after written notice of no less than ten (10) days and an opportunity for a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke any license issued under this Article as he or she determines reasonably appropriate upon a finding that the licensee has failed to comply with any provision of this Article or has violated other applicable laws intended to protect public health, safety or the environment. No period of suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the City Manager may further declare such licensee ineligible for licensure under this Article for a period of up to one (1) year from the date of revocation, if he or she reasonably determines that the circumstances so warrant. In lieu of suspension or revocation of a license under this Section, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the same, the City Manager may establish reasonable terms and conditions for continuation of a license or such future eligibility. A license shall be subject to immediate suspension in the event of violation of any such terms and conditions for continuation of a license.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-427. Notices.Go to the top

All written notices required to be mailed, served or given to any person under the provisions of this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the last known address of such person on file with the City and shall be deemed to have been received by such person when so mailed or delivered.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-428. Review of decisions of the City Manager.Go to the top

The licensed collector or other person subject to final action of the City Manager under this Article may apply for review of such action in the Larimer County District Court in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than thirty (30) days after the date of the decision to be reviewed.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-429. Violations.Go to the top

It shall be unlawful for any person to:

(1) Fail or refuse to make or file any record, report, application or other document required to be made or filed by this Article or to make any false or fraudulent record or report or any false or fraudulent statement in any such document;

(2) Operate as a solid waste collector within the corporate limits of the City without the license required by this Article or to continue to do business during a period of suspension of such license or after such license is revoked; or

(3) Aid or abet another in any attempt to evade any requirements imposed by this Article.

(Ord. No. 22, 2000, § 6, 3-7-00)

Sec. 15-430. Other remedies unaffected.Go to the top

Nothing in this Article shall be construed to limit or forbid the City or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article, including, without limitation, the prosecution of violations of this Article pursuant to § 1-15 of this Code.

(Ord. No. 22, 2000, § 6, 3-7-00)

Secs. 15-431—15-449. Reserved.Go to the top


ARTICLE XVI.Go to the top
MEDICAL MARIJUANA

DIVISION 1. IN GENERALGo to the top

Sec. 15-450. Purpose.Go to the top

The purpose of this Article is to implement the provisions of Article 43.3 of Title 12, C.R.S., known as the Colorado Medical Marijuana Code.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-451. Incorporation of state law.Go to the top

The provisions of the Colorado Medical Marijuana Code, and any rules and regulations promulgated thereunder, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-452. Definitions.Go to the top

(a) The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity.

Colorado Medical Marijuana Code shall mean Title 12, Article 43.3 of the Colorado Revised Statutes and any rules or regulations promulgated thereunder.

Cultivation or cultivate shall mean the process by which a person grows a marijuana plant.

Financial interest shall mean any ownership interest, including, without limitation, a membership, directorship or officership; or any creditor interest, whether or not such interest is evidenced by any written document.

License shall mean a document issued by the City officially authorizing an applicant to operate a medical marijuana business pursuant to this Article.

Licensee shall mean the person to whom a license has been issued pursuant to this Article.

Medical marijuana business or business shall mean a medical marijuana center, optional premises cultivation operation or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code.

Medical marijuana paraphernalia or paraphernalia shall mean devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming medical marijuana, including, but not limited to, rolling papers, related tools, water pipes and vaporizers.

Minor patient shall mean a patient less than eighteen (18) years of age.

Place of worship or religious assembly shall mean a building containing a hall, auditorium or other suitable room used for the purpose of conducting religious services or meetings of the occupants of such structure.

(b) In addition to the definitions contained in Subsection (a) of this Section, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 14 of the Colorado Constitution or the Colorado Medical Marijuana Code, and such definitions are hereby incorporated into this Article by this reference.

(Ord. No. 142, 2012, § 1, 1-15-13)

Secs. 15-453—15-460. Reserved.Go to the top

DIVISION 2. MEDICAL MARIJUANA LICENSING AUTHORITYGo to the top

Sec. 15-461. Creation.Go to the top

There shall be and is hereby created a Medical Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority."

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-462. Composition.Go to the top

The Authority shall be a person appointed by the City Manager.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-463. Functions.Go to the top

(a) The Authority shall have the duty and authority pursuant to the Colorado Medical Marijuana Code and this Article to grant or refuse licenses; to grant or refuse transfers of ownership or location of the license; and levy penalties against licensees in the manner provided by law.

(b) The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Medical Marijuana Code.

(c) The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority.

(d) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority.

(e) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the District Court of the State.

(Ord. No. 142, 2012, § 1, 1-15-13)

Secs. 15-464—15-470. Reserved.Go to the top

DIVISION 3. LICENSES, FEES, REGULATIONS AND PROCEDURESGo to the top

Sec. 15-471. License required.Go to the top

It shall be unlawful for any person to establish or operate a medical marijuana business in the City without first having obtained from the City and the State a license for each facility to be operated in connection with such business. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-472. Requirements of application for license; payment of application fee; denial of license.Go to the top

(a) A person seeking a license pursuant to the Colorado Medical Marijuana Code and the provisions of this Article shall submit an application to the City on forms provided by the State and City. At the time of application, each applicant shall pay a nonrefundable application fee to defray the costs incurred by the City for background investigations and inspection of the proposed premises, as well as any other costs associated with the processing of the application. In addition, the applicant shall present a suitable form of identification.

The applicant shall also provide the following information on a form approved by, or acceptable to, the Authority, which information may be required for the applicant, the proposed manager of the medical marijuana business, and all persons having a financial interest in the medical marijuana business that is the subject of the application or, if the applicant is an entity, having a financial interest in the entity:

(1) name, address, date of birth;

(2) an acknowledgment and consent that the City may conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the medical marijuana business, including records of deposit, withdrawals, balances and loans;

(3) if the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable;

(4) if the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana business;

(5) a copy of any deed reflecting the applicant's ownership of, or lease reflecting the right of the applicant to possess, the proposed licensed premises;

(6) evidence of a valid City and state sales tax license for the business;

(7) a "to scale" diagram of the proposed licensed premises, no larger than eleven (11) inches by seventeen (17) inches, showing, without limitation, building layout, all entryways and exits to the proposed licensed premises, loading zones and all areas in which medical marijuana will be stored, grown, manufactured or dispensed;

(8) a comprehensive business operation plan for the medical marijuana business which shall contain, at a minimum, the following:

a. a security plan meeting the requirements of § 15-479 of this Article,

b. a description of all products to be sold,

c. a plan for exterior signage that is in compliance with all applicable requirements of this Code and the Land Use Code, including photographs and/or illustrations of proposed signage; and

(9) any additional information that the City Manager reasonably determines to be necessary in connection with the investigation and review of the application.

(b) All medical marijuana businesses shall obtain other required permits of licenses related to the operation of the medical marijuana business, including, without limitation, any development approvals or building permits required by this Code and the Land Use Code.

(c) Upon receipt of a completed application, the City Manager may circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations.

(d) The City may, prior to issuance of the license, perform an inspection of the proposed licensed premises to determine compliance with any applicable requirements of this Article or other provisions of this Code or the Land Use Code.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-473. Denial of application.Go to the top

The Authority may deny any application that does not meet the requirements of the Colorado Medical Marijuana Code or this Article. The Authority may deny any application that contains any false, misleading or incomplete information.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-474. Persons prohibited as licensees.Go to the top

No license shall be issued to, held by or renewed by any of the following:

(1) any natural person who has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence, resulting from a conviction of any felony or any crime which under the laws of the State would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the State or elsewhere; or any felonious crime of violence, whether in the State or elsewhere;

(2) any entity whose directors, shareholders, members, partners or any other person with a financial interest in the entity have been convicted of any of the offenses set forth in Paragraph (1) above;

(3) any applicant who has made a false, misleading or fraudulent statement or who has intentionally omitted pertinent information on his or her application for a license.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-475. Location and selection criteria.Go to the top

(a) No medical marijuana center shall be issued a license if, at the time of application for such license, the proposed location is:

(1) within one thousand (1,000) feet of any private or public preschool, elementary, secondary, vocational or trade school, college or university;

(2) within one thousand (1,000) feet of any public playground;

(3) within five hundred (500) feet of:

a. any child care center,

b. any place of worship or religious assembly,

c. any public park, pool or recreation facility, or

d. any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center;

(4) within the boundaries of any R-U-L, U-E, R-F, R-L, L-M-N, M-M-N, N-C-L, N-C-M, N-C-B or H-M-N residential zone district;

(5) in a residential unit, except as permitted under Section 3.8.3 of the Land Use Code.

(b) The location criteria contained in Subsection (a) above shall apply to all proposed changes in the location of an existing license.

(c) The distances described in Subsection (a) above shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated in Paragraphs (a)(1), (a)(2) and (a)(3) above to the nearest portion of the building or unit in which the medical marijuana center is located.

(d) No medical marijuana center shall be issued a license if, at the time of application for such license, there is more than one (1) Fort Collins Medical Marijuana Center License per five hundred (500) registered medical marijuana patients in the County according to the Colorado Department of Public Health and Environment. This Subsection shall not affect renewals.

(e) Subsection (a) shall not apply to a business that received a Fort Collins Medical Marijuana Center License prior to November 1, 2011, if the business is proposed to be located on the same parcel it was licensed to operate on prior to November 1, 2011, and the business applies for a license pursuant to this Code within ninety (90) days of the application being made publicly available. The intent of this Subsection is to permit previously licensed medical marijuana centers to apply for and receive a license regardless of the location criteria of this Section.

(f) Subsection (d) above shall not apply to a business that received a Fort Collins Medical Marijuana Center License prior to November 1, 2011, if the business applies for a license pursuant to this Code within ninety (90) days of the application being made publicly available. The intent of this Subsection is to permit previously licensed medical marijuana centers to apply for and receive a license regardless of the number of medical marijuana center licenses then issued by the City.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-476. Inspection fee.Go to the top

(a) Upon issuance of a license, and upon renewal thereafter, the licensee shall pay to the City a fee in an amount determined by the City Manager to be sufficient to cover the cost of inspections conducted pursuant to this Article.

(b) The inspection fee required under Subsection (a) above shall be due and payable prior to or upon issuance of each license and upon the renewal of any such license and shall not be refundable.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-477. Signage and advertising.Go to the top

All signage and advertising for a medical marijuana center shall comply with all applicable provisions of this Code and the Land Use Code.

(1) In addition, it shall be unlawful for any licensee to:

a. Use signage or advertising with the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols;

b. Use advertising material that is misleading, deceptive or false or that, as evidenced by the content of the advertising material or by the medium or the manner in which the advertising material is disseminated, is designed to appeal to minors;

c. Advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes;

d. To advertise with sign-wavers or other natural persons standing in public within one thousand (1,000) feet of the licensed premises;

e. To advertise any medical marijuana or medical marijuana product in a publicly visible location within one thousand (1,000) feet of any public park or recreation center or any school.

(2) The prohibition set forth in Subparagraph (1)e. above shall not apply to:

a. Any sign located upon the building in which a licensed medical marijuana center is located which exists solely for the purpose of identifying the business and which otherwise complies with the Land Use Code and this Article; or

b. Any advertising contained solely within a newspaper magazine or other periodical or publication distributed through a news rack, newsstand or similar fixed location.

(3) The prohibitions set forth in this Section shall not apply to political speech or any signage advocating the passage or defeat of a city or state ballot measure.

(4) Violation of this Section shall result in a one-hundred-dollar fine per day per violation. Such fine shall be levied on the licensee by the Authority upon the Authority finding by a preponderance of the evidence a violation of this Section. Repeated and continuous failure to comply with the requirements of this Section shall be considered by the Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-478. Warning signs.Go to the top

The Authority may require any reasonable warning signs to be posted in a conspicuous location in each medical marijuana center.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-479. Security requirements.Go to the top

Security measures at all licensed premises shall comply with the requirements of the Colorado Medical Marijuana Code and all applicable rules and regulations promulgated thereunder.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-480. Report of disturbances and unlawful activity.Go to the top

(a) All licensees and any agent, manager or employee thereof shall immediately report to Police Services any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licensed premises, including, but not limited to, any unlawful resale of medical marijuana, and shall also immediately report any such activity in the immediate vicinity of the business.

(b) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen (14) inches and a minimum width of eleven (11) inches with each letter to be a minimum of one-half (½) inch in height, which shall read as follows:

WARNING:
Fort Collins Police Services must be notified of all
disorderly acts, conduct or disturbances and
all unlawful activities which occur on or within the
premises of this licensed establishment.

(c) It shall not be a defense to a prosecution of a licensee under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed.

(d) Failure to comply with the requirements of this Section shall be considered by the Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-481. Labeling.Go to the top

All medical marijuana sold or otherwise distributed by the licensee shall be labeled in a manner that complies with the requirements of the Colorado Medical Marijuana Code and all applicable rules and regulations promulgated thereunder.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-482. Prohibited acts.Go to the top

(a) It shall be unlawful for any licensee to permit the consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises.

(b) It shall be unlawful for any licensee holding a medical marijuana center license, or for any agent, manager or employee thereof, to:

(1) sell, give, dispense or otherwise distribute medical marijuana or medical marijuana paraphernalia from any outdoor location;

(2) sell, give, dispense or otherwise distribute to any patient or primary caregiver who is not a licensee more than two (2) ounces of any usable form of medical marijuana (excluding medical marijuana-infused products) within any seven-day period of time.

(c) It shall be unlawful for any optional premises cultivation operation to post or allow to be posted signs or other advertising materials identifying the premises as being associated with the cultivation or use of medical marijuana.

(d) It shall be unlawful for any medical marijuana-infused products manufacturer to post or allow to be posted signs or other advertising materials identifying the premises as being associated with the production or use of medical marijuana.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-483. Visibility of activities; control of emissions.Go to the top

(a) All activities of medical marijuana businesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of public view.

(b) No medical marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

(c) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a medical marijuana business must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a medical marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-484. Sales tax.Go to the top

Each medical marijuana business shall collect and remit City sales and use tax on all medical marijuana, paraphernalia and other tangible personal property used or sold at the licensed premises.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-485. Inspection of licensed premises.Go to the top

During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by Police Services and all other City departments designated by the City Manager for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-486. Nonrenewal, suspension or revocation of license.Go to the top

(a) The Authority may, after notice and hearing, suspend, revoke or refuse to renew a license for any of the following reasons:

(1) the applicant or licensee, or his or her agent, manager or employee, has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation;

(2) the applicant or licensee, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license; or

(3) the medical marijuana business has been operated in a manner that adversely affects the public health, safety or welfare.

(b) Evidence to support a finding under Subsection (a) above may include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the medical marijuana business or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana business, or an ongoing nuisance condition emanating from or caused by the medical marijuana business. Criminal conduct shall be limited to the violation of a state or City law or regulation.

(c) The Authority shall conduct a review of all licenses at least annually and, in addition to examining the factors enumerated in this Subsection, may hold a hearing on each license at which the general public shall be invited to appear and provide testimony as to the effects of the license on the surrounding community and the City at large, and the Authority may take such views into consideration when deciding whether to continue or renew such license.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-487. Violations and penalties.Go to the top

In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a medical marijuana business, or any customer of such business, who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1-15 of this Code unless a different penalty is provided herein.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-488. No City liability; indemnification.Go to the top

(a) By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(b) By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana business that is the subject of the license.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-489. Other laws remain applicable.Go to the top

(a) To the extent the State adopts in the future any additional or stricter law or regulation governing the sale or distribution of medical marijuana, the additional or stricter regulation shall control the establishment or operation of any medical marijuana business in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

(b) If the State prohibits the sale or other distribution of marijuana through medical marijuana centers, any license issued hereunder shall be deemed immediately revoked by operation of law.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-490. Severability.Go to the top

If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.

(Ord. No. 142, 2012, § 1, 1-15-13)

Sec. 15-491. Administrative regulations; action by City Council.Go to the top

(a) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article.

(b) The City Council shall be permitted to lessen any restriction contained in this Article.

(Ord. No. 142, 2012, § 1, 1-15-13)

Secs. 15-492—15-600. Reserved.Go to the top


ARTICLE XVII.Go to the top
RETAIL MARIJUANA

Division 1
In General

15-601.  Purpose.Go to the top

The purpose of this Article is to implement the provisions of Article 43.4 of Title 12, C.R.S., known as the Colorado Retail Marijuana Code.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-602.  Incorporation of state law.Go to the top

The provisions of the Colorado Retail Marijuana Code, and any rules and regulations promulgated thereunder, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-603.  Definitions.Go to the top

(a)  The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity.

Colorado Retail Marijuana Code shall mean Article 43.4 of Title 12, C.R.S., and any rules or regulations promulgated thereunder.

Cultivate or cultivation shall mean the process by which an individual grows a marijuana plant.

Financial interest shall mean any ownership interest, including, without limitation, a membership, directorship or officership; or any creditor interest, whether or not such interest is evidenced by any written document.

License shall mean a document issued by the City officially permitting an applicant to operate a retail marijuana business pursuant to this Article.

Licensed premises shall mean the premises specified in an application for a license under the provisions of this Article, the Colorado Retail Marijuana Code, and rules and regulations promulgated thereunder, that are owned or in the possession of the licensee and within which the licensee is permitted to cultivate, manufacture, distribute, sell or test retail marijuana in accordance with this Article.

Licensee shall mean the person to whom a license has been issued pursuant to this Article.

Medical marijuana business or business shall mean a medical marijuana center, optional premises cultivation operation or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code.

Marijuana products shall mean concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointment and tinctures.

Owner shall mean the person or persons who have a controlling interest in a retail marijuana establishment license, bear a risk of loss other than as an insurer, have an opportunity to gain profit from the operation or sale of the establishment and have a controlling interest in the license issued to such establishment.

Person shall mean a natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer or employee thereof; provided, however, that person shall not include any governmental organization.

Retail marijuana shall mean marijuana that is grown and sold pursuant to the Colorado Retail Marijuana Code.

Retail marijuana establishment or establishment shall mean a retail marijuana cultivation facility, a retail marijuana testing facility, a retail marijuana product manufacturing facility or a retail marijuana store as defined in the Colorado Retail Marijuana Code.

Retail marijuana cultivation facility shall mean an entity licensed to cultivate, prepare and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Retail marijuana product manufacturing facility shall mean an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

Retail marijuana store shall mean an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

Retail marijuana testing facility shall mean an entity licensed to analyze and certify the safety and potency of marijuana.

(b)  In addition to the definitions contained in Subsection (a) above, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 16 of the Colorado Constitution or the Colorado Retail Marijuana Code, and such definitions are hereby incorporated into this Article by this reference.

(Ord. No. 041, 2014, § 1, 3-18-14)

Division 2
Retail Marijuana Licensing Authority

15-604.  Creation.Go to the top

There shall be and is hereby created a Retail Marijuana Licensing Authority, hereafter referred to in this Article as the "Authority."

(Ord. No. 041, 2014, § 1, 3-18-14)

15-605.  Composition.Go to the top

The Authority shall be a person appointed by the City Manager.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-606.  Functions.Go to the top

(a)  The Authority shall have the duty and authority pursuant to the Colorado Retail Marijuana Code and this Article to grant or refuse an application and levy penalties against licensees in the manner provided by law.

(b)  The Authority shall consider applications for licensure, new business premises, transfer of ownership, change of location, premises modification, changes in trade name and any other appropriate application.

(c)  The Authority shall have all the powers of a Local Licensing Authority as set forth in the Colorado Retail Marijuana Code.

(d)  The Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority.

(e)  The Authority shall have the power to require any applicant or licensee to furnish such information to the Authority as may be reasonably necessary in order for the Authority to perform the duties and functions authorized by this Article.

(f)  The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by a District Court of the State.

(g)  Notwithstanding the provisions of Section 16 of Article XVIII of the Colorado Constitution, the Authority shall not act upon any application for local licensing of a retail marijuana establishment in circumstances where the State has failed to issue the applicant an annual license within ninety (90) days after its receipt of such application.

(Ord. No. 041, 2014, § 1, 3-18-14)

Division 3
Licenses, Fees, Regulations and Procedures

15-607.  License requirements.Go to the top

No person may operate a retail marijuana establishment in the City without having obtained a license under the provisions of this Article.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-608.  Retail marijuana stores.Go to the top

(a)  Only a licensed medical marijuana center in good standing with state and local licensing authorities may be licensed as, or may operate, a retail marijuana store in the City.

(b)  A retail marijuana store and medical marijuana center held by the same licensee shall be located on the same legal parcel.

(c)  All retail marijuana stores shall affix labels to all containers on the licensed premises that hold retail marijuana or retail marijuana products, which labels shall clearly display potency profiles and contaminant results from licensed retail marijuana testing facilities.

(d)  All retail marijuana stores shall prohibit the entrance of persons under the age of twenty-one (21) to the licensed premises, including that portion of the premises that is licensed as a medical marijuana center.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-609.  Retail marijuana cultivation facilities.Go to the top

(a)  Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or may operate, a retail marijuana cultivation facility in the City.

(b)  All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product.

(c)  Retail marijuana cultivation facilities may sell or otherwise distribute retail marijuana only to those retail marijuana stores or retail marijuana products manufacturing facilities that are owned and operated in the City by the licensee of the retail marijuana cultivation facility. This provision should not be construed as preventing a retail marijuana cultivation facility from submitting retail marijuana to a licensed retail marijuana testing facility for the purpose of analyzing its safety and potency.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-610.  Retail marijuana products manufacturing facilities.Go to the top

(a)  Any person who meets the requirements of this Division may be licensed as, and may operate, a retail marijuana products manufacturing facility in the City.

(b)  All retail marijuana products manufacturing facilities shall have their production batches tested for labeling purposes prior to any sale of marijuana or marijuana products.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-611.  Retail marijuana testing facilities.Go to the top

Any person who meets the requirements of this Division and is not an owner of a retail marijuana cultivation facility, a retail marijuana products manufacturing facility, a retail marijuana store or a medical marijuana business may be licensed as, and may operate, a retail marijuana testing facility in the City.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-612.  Requirements of application for license; payment of application fee.Go to the top

(a)  Any person seeking a license for any retail marijuana establishment under the provisions of the Colorado Retail Marijuana Code and this Article shall submit an application to the Authority on forms provided by the Authority. At the time of application, each applicant shall pay a nonrefundable fee to defray the costs incurred by the City for background investigations and inspection of the proposed premises, as well as any other costs associated with the processing of the application.

(b)  The applicant shall also provide any information that is deemed necessary by the Authority in connection with the investigation and review of the application regarding the applicant, the proposed manager of the retail marijuana establishment, and any person having a financial interest in the retail marijuana establishment that is the subject of the application or, if the applicant is an entity, having a financial interest in the entity.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-613.  Denial of application.Go to the top

The Authority shall deny any application that does not meet the requirements of the Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder or the provisions of this Article.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-614.  Persons prohibited as licensees.Go to the top

No license shall be issued to, held by or renewed by any of the following:

(1)  any person who is, at the time of application for a retail marijuana store, not currently licensed to operate a medical marijuana center and in good standing under both the Colorado Medical Marijuana Code and the City Code;

(2)  any person prohibited pursuant to Section 12-43.4-306, C.R.S;

(3)  any natural person who has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence resulting from a conviction of any felony or any crime which under the laws of the State would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the State or elsewhere;

(4)  any entity whose directors, shareholders, partners or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in Paragraph (3) above;

(5)  any person whose criminal history renders him or her ineligible under Paragraph (2) above, or who employs a person at a retail marijuana establishment who has a criminal history that renders said person ineligible;

(6)  any applicant who has made a false, misleading or fraudulent statement, or who has omitted pertinent information, on his or her application for a license;

(7)  any applicant whose license for a medical or retail marijuana establishment in this State or any other state has been revoked.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-615.  Location criteria.Go to the top

(a)  No applicant shall be issued a retail marijuana store license if, at the time of application for such license, such location is:

(1)  within one thousand (1,000) feet of any private or public preschool, elementary, secondary, vocational or trade school, college or university;

(2)  within one thousand (1,000) feet of any public playground;

(3)  within five hundred (500) feet of:

a.  any child care center,

b.  any place of worship or religious assembly,

c.  any public park, pool or recreation facility, or

d.  any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center; or

(4)  within the boundaries of any R-U-L, U-E, R-F, R-L, L-M-N, M-M-N, N-C-L, N-C-M, N-C-B or H-M-N residential zone district;

(5)  in a residential unit, except as permitted under Section 3.8.3 of the Land Use Code;

(6)  within five hundred (500) feet of a residential unit; or

(7)  within one thousand (1,000) feet of another medical marijuana or retail marijuana store.

(b)  The distances described above shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the protected use is located to the nearest portion of the building or unit in which the proposed retail marijuana store would be located.

(c)  The location criteria contained in Subsection (a) above shall not apply to a retail marijuana store that will be located on premises for which a medical marijuana center license has been issued as of March 28, 2014, or for which a medical marijuana center license application was pending as of March 28, 2014.

(d)  A previously licensed medical marijuana center that seeks to change locations and that applies for and receives a retail marijuana store license is subject to the location requirements in Subsection (a) above.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-616.  Operating fee.Go to the top

Upon issuance of a license, and upon renewal thereafter, the licensee shall pay to the City an operating fee in an amount to be determined by the City Manager to be sufficient to cover the costs associated with processing the application, inspecting the premises before and after issuance and otherwise administering and enforcing the provisions of this Article.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-617.  Signage and advertising.Go to the top

(a)  All signage and advertising for a retail marijuana store shall comply with all applicable provisions of this Code, the Land Use Code and state law. In addition, no advertising for marijuana or marijuana products shall be permitted on signs mounted on vehicles, hand-held or other portable signs, handbills, leaflets or other flyers directly handed to any person in a public place, left upon a motor vehicle or posted upon any public property or private property without consent of the property owner. This prohibition shall not apply to any advertisement contained within a newspaper, magazine or other periodical of general circulation within the City, or that is purely incidental to sponsorship of a charitable event by a retail marijuana establishment. Such signage and advertising must not be misleading, false or infringe upon any state or federal trademark.

(b)  It shall be unlawful for any retail marijuana cultivation facility or any retail marijuana products manufacturing facility to post, or allow to be posted, signs or other advertising materials identifying the premises as being associated with the cultivation or use of marijuana.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-618.  Warning signs.Go to the top

There shall be posted in a conspicuous location in each retail marijuana store a legible sign containing warnings that:

(1)  the possession, use or distribution of marijuana is a violation of federal law;

(2)  it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by, marijuana; and

(3)  no one under the age of twenty one (21) years is permitted on the premises.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-619.  Report of disturbances and unlawful activity.Go to the top

(a)  All licensees and any agent, manager or employee thereof shall immediately report to Police Services any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licensed premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business.

(b)  Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches and a minimum width of eleven (11) inches, with each letter to be a minimum of one-half (½) inch in height, which shall read as follows:

WARNING:
Fort Collins Police Services must be notified of all disorderly acts, conduct or disturbances and
all unlawful activities which occur on or within the premises of this licensed establishment.

(c)  It shall not be a defense to a prosecution of a licensee under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed.

(d)  Failure to comply with the requirements of this Section shall be considered by the Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-620.  Prohibited acts.Go to the top

(a)  It shall be unlawful for any licensee to permit the sale or consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises.

(b)  It shall be unlawful for any retail marijuana establishment to permit the sale of or transport to a retail marijuana store without contaminant and potency testing.

(c)  It shall be unlawful for any licensee to permit the consumption of retail marijuana or retail marijuana products on the licensed premises.

(d)  It shall be unlawful for any licensee, or for any agent, manager or employee thereof, to:

(1)  sell, give, dispense or otherwise distribute retail marijuana or retail marijuana products from any location other than the licensed premises;

(2)  sell, give, dispense or otherwise distribute any retail marijuana or retail marijuana products to persons under the age of twenty one (21);

(3)  display signs that are inconsistent with Sections 15-617 and 15-618 of this Article.

(e)  It shall be unlawful for any licensee or for any agent, manager or employee to conduct the sale of retail marijuana by telephone, internet or other means of remote purchase.

(f)  It shall be unlawful for retail marijuana establishments to distribute marijuana or marijuana-infused products to a consumer free of charge.

(g)  It shall be unlawful for any licensee to fail to designate areas of ingress and egress for limited-access areas or to post signs in conspicuous locations as required by the Colorado Retail Marijuana Code.

(h)  It shall be unlawful for any licensee to sell marijuana or marijuana products at a licensed retail marijuana store at any time other than between the hours of 8:00 a.m. and 7:00 p.m. daily.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-621.  Visibility of activities; control of emissions.Go to the top

(a)  All activities of retail marijuana establishments, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted indoors.

(b)  No retail marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

(c)  No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a retail marijuana establishment must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a retail marijuana establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-622.  Inspection of licensed premises.Go to the top

During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by Police Services and all other City departments designated by the City Manager for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations. Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-623.  Nonrenewal, suspension or revocation of license.Go to the top

(a)  The Authority may, after notice and hearing, pursuant to this Article, suspend, revoke or refuse to renew a license for any of the following reasons:

(1)  the applicant or licensee, or his or her agent, manager or employee, has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation;

(2)  the applicant or licensee, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of his or her license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license; or

(3)  the retail marijuana establishment has been abandoned or operated in a manner that adversely affects the public health, safety or welfare.

(b)  Evidence to support a finding under Subsection (a) of this Section may include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the retail marijuana establishment or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana establishment, or an ongoing nuisance condition emanating from or caused by the retail marijuana establishment.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-624.  Violations and penalties.Go to the top

In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a retail marijuana establishment, or any customer of such business, who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1-15 of this Code.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-625.  No City liability; indemnification.Go to the top

(a)  By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(b)  By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana establishment that is the subject of the license, unless the act or omission by the officer, elected official or employee that causes the loss or damage is willful and wanton as provided in the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-626.  Other laws remain applicable.Go to the top

(a)  To the extent the State adopts in the future any additional or stricter law or regulation governing the sale or distribution of retail marijuana, the additional or stricter regulation shall control the establishment or operation of any retail marijuana establishment in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

(b)  Any licensee may be required to demonstrate, upon demand by the City Manager or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation.

(c)  If the State prohibits the sale or other distribution of marijuana through retail marijuana establishments, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee.

(d)  The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under federal law for the cultivation, possession, sale, distribution or use of marijuana.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-627.  Severability.Go to the top

If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand, notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.

(Ord. No. 041, 2014, § 1, 3-18-14)

15-628.  Administrative regulations.Go to the top

The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article.

(Ord. No. 041, 2014, § 1, 3-18-14)


*Cross-references—Fire Services, § 2-515; Police Services, § 2-504; fire prevention and protection, Ch. 9.

*Cross-reference—Buildings and building regulations, Ch. 5.

*Cross-reference—Places of entertainment, § 15-291 et seq.

*Cross-references—Secondhand dealers, § 15-316 et seq.; outdoor vendors, § 15-381 et seq.

*Cross-reference—Going-out-of-business sales, § 15-181 et seq.

**Cross-references—Building Review Board, § 2-117 et seq.; buildings and building regulations, Ch. 5; building construction standards, § 5-26 et seq.; electrical standards, § 5-80 et seq.; mechanical standards, § 5-106 et seq.; plumbing standards, § 5-125 et seq.; licensing of plumbers and contractors, plumbers licensing and registration required, plumbing contractor's licensing and registration required, § 15-306; sidewalk, driveway, curb and gutter contractors, § 15-361 et seq.; contractors responsible for construction waste on public streets and sidewalks, § 20-64.

*Cross-references—Special sales, § 15-136 et seq.; sales and use tax, § 25-71 et seq.

*Cross-references—Secondhand dealers, § 15-316 et seq.; sales and use tax, § 25-71 et seq.

*Cross-reference—Amusement devices and places, § 15-86 et seq.

*Cross-reference—Contractor licensing, § 15-154 et seq.

*Cross-references—Auctions, special sales and solicitations, § 15-106 et seq.; pawnbrokers, § 15-261 et seq.; outdoor vendors, § 15-381 et seq.; sales and use tax, § 25-71 et seq.

*Editor's note—Section 3 of Ord. No. 75, 1987, adopted May 5, 1987, repealed Ch. 62 of the 1972 Code, which had been included as Art. XII, §§ 15-341—15-344 of this Chapter. The provisions regulated sheet metal workers engaged in heating and air conditioning trades.

**Cross-references—Buildings and building regulations, Ch. 5; contractor licensing, § 15-154 et seq.; sidewalks, curbs, gutters, § 24-36 et seq.; curb cuts and driveways, § 24-66 et seq.

*Cross-references—Certain vendors prohibited from going upon premises without invitation, § 15-106; soliciting prohibited where signs posted, § 15-107; secondhand dealers, § 15-316 et seq.; sales and use tax, § 25-71 et seq.

*Editor's note—Prior to its repeal and reenactment by Ord. No. 116, 1990, adopted Oct. 16, 1990, Art. XV was entitled "Refuse Haulers"; consisted of §§ 15-411—15-415; and was derived from Code 1972, §§ 54-7—54-9, 54-12, 54-13, and Ord. No. 183, 1986, § 1(54-26)—(54-30), adopted Nov. 18, 1986.

Cross-reference—Garbage and refuse, § 12-16 et seq.