Ordinance Number 294

An ordinance of the Town of Deer Trail regarding business licenses.

Whereas, the Town of Deer Trail does not currently require businesses to obtain a license before operating in the Town.

Whereas, the Board of Trustees of the Town of Deer Trail has determined that a business license registration process will assist staff with ensuring that businesses are in compliance with Town ordinances and regulations; and

Whereas, the Board of Trustees finds that this ordinance is in the best interest of the public health, safety and welfare of the Town and its citizens.

Be it ordained by the Board of Trustees for the Town of Deer Trail Colorado, that:

Section 1. Purpose.

The purpose of this Ordinance is to provide uniform procedures for the issuance, suspension and revocation of business licenses issued by the Town and the regulation and registration of businesses operating within the Town for the health, safety and welfare of the citizens of the Town.

Section 2. Definitions.

For purposes of this Ordinance, the following term shall have the following meaning:
Business: All kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises physically present in this Town.

Section 3. License Required.

Every person or entity must obtain a license from the Town before operating, conducting or carrying on any business within the Town, and shall be referred to as a Licensee pursuant to this Ordinance.
This Ordinance shall not apply to the following entities:
1. Churches or established religious organizations.
2. Charitable organizations.
3. Hospitals.
4. Schools.
5. Governments
6. Persons exempt under Colorado law.
7. Special events as licensed by the Town of Deer Trail.
8. Businesses without a physical presence in the Town, as defined by C.R.S. § 39-26-802.9(2)(e), as amended; and
9. Businesses with only an incidental physical presence in the Town, as defined by C.R.S. § 39-26-802.9(2)(c), as amended.

Section 4. Licensee Responsibility.

Each licensee is responsible for compliance with this Ordinance. Any summons, process, notice or order issued by the Town in connection with a particular license shall be served upon the licensee unless the licensee has, in a writing filed with the Town Clerk, designated a manager or other agent upon whom any summons, notice, process or order may be served. Each licensee, manager or other agent shall at all times provide the Town Clerk with their current address.

Section 5. Application Form.

All applications shall be submitted on forms provided by Town Clerk

Section 6. Application.

The application for every license shall contain:

The name of the applicant.
The physical and mailing address of the residence of the applicant if an individual, the physical and mailing addresses of each partner of a partnership, and the physical and mailing addresses of each officer of a corporation.
A statement as to the type of business, trade or profession for which the license is requested.
The local street address where such business is to be carried on, or the address of the principal place of business if other than a local address.
The calendar year for which the license is requested; and
The applicant's Federal Employer ID or Social Security number.

Section 7. Business License Fee.

There shall be no fee required to apply for a business license.

Section 8. Issuance.

Upon approval of the application, the Town Clerk may issue a license that indicates the license has been issued for the specified year.

Section 9. Carrying or Posting License Required.

The license for a particular business location shall be posted at all times in a conspicuous place in the place of business. If the business is not operated, conducted or carried on at a fixed location, the licensee must carry the license upon their person when operating, conducting or carrying on any retail trade, profession or business. Every licensee shall produce their license for examination when requested to do so by any police officer or by any authorized agent of the Town.
Any person operating, conducting or carrying on any business within the Town must obtain a separate license for each location of such trade, profession or business and a separate license for each business operated at the same location under a separate federal employer ID or Social Security number.

Section 10. License Nontransferable.

No license issued under this Ordinance shall be transferable from person to person or place to place.

Section 11. Term of License.

All licenses shall expire on December 3151 of each calendar year.

Section 12. Renewal.

An application for renewal of a general business license shall be considered in the same manner as an original application.
An application for renewal shall be submitted to the Town Clerk no later than thirty (30) days prior to the expiration of the current license.

Section 13. Suspension. A license may be suspended:

When any money due the Town has not been paid. This includes failure to pay civil penalties, fines, taxes, utility payments, impact fees or any other money owed to the Town.
When any activity conducted by the licensee or their employee or agent violates any Federal, State or local rule, regulation or law.
Upon failure to comply with the terms and conditions of the license.

Section 14. Revocation. A license may be revoked by the Town:

When it is determined that the license was obtained by fraud, misrepresentation or false statements within the application.
When it is determined that the activity conducted pursuant to such license is a public nuisance as defined statute or violates any Federal, State or local rule, regulation or law.
Upon any grounds of suspension provided by this Ordinance.

Section 15. Notice and Hearing.

Prior to issuing an order for suspension or revocation, the Town Clerk shall issue and send to the licensee, or to such other person as has been designated by the licensee, a notice of the date, time and place at which the Board will conduct a hearing to consider suspension or revocation of the license. Said notice shall also contain a brief statement of the alleged grounds for suspension or revocation. The suspension or revocation of any license shall not release or discharge anyone from their civil liability for the payment of the taxes, penalty and interest or from the prosecution of the offense.

Section 16. Cease and desist.

If any business is operating without a license, the Town Clerk may issue an order to the business to cease and desist all further operation until a license is issued for the business or until a determination is made that a license is not required. The business may request in writing a hearing before the Board. The hearing before the Board shall be scheduled for the next regular or special Board meeting for which the agenda has not been posted. The only matter that may be considered at such hearing is the determination whether a license is required under this Ordinance. The proceedings shall not relieve or discharge anyone from the civil liability for the payment of the taxes, penalty and interest or from the prosecution of the offense.

Section 17. Penalty.

It is unlawful for any person to conduct business within the Town without a current business license issued by the Town. Upon conviction of conducting a business without a current business license, the defendant may be punished in amount not to exceed the provisions of C.R.S. § 31-16-tol(l)(a), as amended.
Section 18. Repealer. All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 18. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 19. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 20. Effective Date.

This Ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this 14th day of March 2023.

Judd Behrens, Mayor
Town of Deer Trail, Colorado

Attest: Ali Eldringhoff, Town Clerk