City of Durango | City Code | Licenses and Business Regulations

Chapter 13 LICENSES AND BUSINESS REGULATIONS*

*Editor's note--Section 1 of Ord. No. 1992-28, adopted Dec. 15, 1992, repealed Ch. 13 in its entirety. Formerly, Ch. 13 consisted of §§ 13-16--13-25, 13-43, 13-56--13-59, 13-71, 13-72, 13-86--13-92, 13-106, 13-107, 13-121--13-126, 13-141--13-150, 13-161--13-166, 13-181, 13-211--13-219, 13-230--13-233, and 13-240, all of which pertained to licenses and business regulations and derived from §§ 3-3-5, 5-1-1--5-1-9, 5-2-1, 5-2-3--5-2-5, 5-3-4, 5-4-1, 5-4-2, 5-6-2--5-6-5, 5-6-11, 5-6-14, 5-7-1--5-7-9, 5-9-1--5-9-6, 5-14-1--5-14-8, 5-17-2--5-17-10, 5-19-1 and 5-19-2 of the 1962 Code; § 1(5-13-2) of Ord. No. 1985-23, adopted Dec. 17, 1985; and § 2 of Ord. No. 1990-16, adopted Aug. 7, 1990. Section 1 of Ord. No. 1992-28 further provided for the addition of a new Ch. 13 as herein set out.

Cross reference(s)--Administration, Ch. 2; finance, Ch. 2, Art. V; alcoholic beverages, Ch. 3; annual occupational tax on alcoholic beverages levied, § 3-4; license and rabies vaccination of dogs required, § 4-56; noncommercial or commercial kennel licenses required for the harboring of a certain number of animals, § 4-111; boards, commissions and committees, Ch. 5; local liquor licensing authority, § 5-131 et seq.; buildings and building regulations, Ch. 6; licensing of plumbers, § 6-71; garbage and refuse, Ch. 10; health and sanitation, Ch. 11; junked, wrecked and abandoned property, Ch. 12; burglary and robbery alarm systems, § 19-51 et seq.; streets, sidewalks and other public places, Ch. 21; taxation, Ch. 23; tree trimmers, etc., license required, § 26-56 et seq.; land use and development code, Ch. 27.

State law reference(s)--Professions and occupations, C.R.S. Title 12; authority to regulate license and tax certain businesses, C.R.S. § 31-15-501.

Art. I. General Business Licenses, §§ 13-1--13-20

Art. II. Advertising Matter, §§ 13-21--13-31

Art. III. Specialty Licenses, Bonds, Insurance and Inspections, §§ 13-32--13-120

Div. 1. Generally, §§ 13-32--13-35

Div. 2. Dance Halls and Cabarets, §§ 13-36--13-45

Div. 3. Hotels, Motels, Tourist Homes, and Bed and Breakfasts, §§ 13-46--13-50

Div. 4. Pawnbrokers, §§ 13-51--13-60

Div. 5. Secondhand Goods Dealers, §§ 13-61--13-70

Div. 6. Antique and Collectible Dealers, §§ 13-71--13-73

Div. 7. Merchant Patrol/Private Investigators, §§ 13-74--13-88

Div. 8. Plumbers, §§ 13-89--13-91

Div. 9. Excavations, §§ 13-92--13-94

Div. 10. Massage Therapists and Parlors, §§ 13-95--13-99

Div. 11. Nonmotorized Vehicles, § 13-100

Div. 12. Home Occupations, § 13-101

Div. 13. Commercial Rafting Companies, §§ 13-102--13-107

Div. 14. Carnivals and Circuses, § 13-108

Div. 15. Parades, §§ 13-109--13-120

Art. IV. Solicitors and Peddlers, §§ 13-121--13-139

Art. V. Retail Sales, §§ 13-140--13-150

Art. VI. Raffles, § 13-151

ARTICLE I. GENERAL BUSINESS LICENSES

Sec. 13-1. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business means all activities engaged in or caused to be engaged in with the object of gain, benefit or advantage, direct or indirect.

Engaged in business means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption. "Engaged in business" in the city includes, but is not limited to, any of the following activities by a person:

(1) Directly, indirectly, or by a subsidiary maintaining a building, store, office, salesroom, warehouse or other place of business within the jurisdiction;

(2) Sending one (1) or more employees, agents or commissioned sales persons into the jurisdiction to solicit business or to install, assemble, repair, service or assist in the use of its products or for demonstration or other reasons;

(3) Maintaining one (1) or more employees, agents or commissioned sales persons on duty at a location within the jurisdiction;

(4) Making more than one (1) delivery into the jurisdiction within a twelve-month period.

Employees means persons working within the city for remuneration under the control and direction of an employer.

Home occupation means any activity conducted for financial gain as an accessory use, in a residential structure, secondary to the principal residential use, meeting the requirements of the land use development chapter of this Code.

Nonprofit corporation means a corporation in which no part of the income or profit is distributable to its members, directors, or officers. The corporation may be organized for any lawful purpose, including, without limitation, any one (1) or more of the following purposes: charitable, benevolent, eleemosynary, educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; animal husbandry; and professional, commercial, industrial, or trade associations.

Seasonal business means a business operated on less than a year-round basis and generally associated with a specific period of time or "season" such as the tourist season, hunting season, rafting season, skiing season, etc. "Seasonal businesses" in the Central Business District must meet the requirements of the land use development chapter of this code.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-2. License required.

(a) It shall be unlawful for any person to establish any place of business in the city, or engage in business within the city, without first obtaining a license to conduct such business. Only one (1) general business license shall be required for any establishment operating as a single enterprise. Separate general business licenses shall be required for each location of an enterprise operating at more than one (1) location within the city limits. Specialty licenses, bonds, and insurance shall be required in addition to general business licenses when applicable. Business licenses cannot be transferred upon a change of ownership.

(b) This article shall apply to all businesses operating within the city including licensed premises for the sale or consumption of fermented malt, malt, vinous, or spirituous liquors; provided, however, premises licensed for the sale or consumption of fermented malt, malt, vinous or spirituous liquors shall be exempt from those requirements set forth in section 13-6.

(c) All business licenses issued pursuant to this article, except those premises licensed for the sale or consumption of fermented malt, malt, vinous, or spirituous liquors, and seasonal business licenses, shall expire on December 31 of each year. Licenses issued to those liquor-licensed outlets shall expire twelve (12) months from their issuance which shall correspond to the expiration date of their liquor or fermented malt beverage license. The term of operation for a seasonal business shall be set forth on the application for said seasonal business license and said license shall expire at the end of the designated term.

(d) The business license provided for in this article shall not apply to federal, state or county offices; or for utility companies for which an occupational tax has been assessed and the tax or fee for the privilege of doing business inside the city limits has been waived by ordinance of the city council.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-3. Contents; records; applications.

All licenses shall specify the name of the licensee; a business address, the nature of the business, the term of the license, the place to which the license attaches, the amount payable thereon and the date upon which the license expires. The city clerk shall attest all licenses granted and keep an adequate record thereof. Applications for a license shall be provided by the city clerk.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-4. Denial.

Application for a business license shall be made to the city manager, or his designated representative, who shall have the power to grant or deny such business license and to impose reasonable limitations and restrictions on any license so granted. Denial shall be for cause. Due notice of the denial shall be provided the applicant, which notice shall include the grounds for denial. The license fee paid for any license so denied shall be returned to the applicant. Any of the following reasons may be considered cause for denial of a business license:

(1) Character of applicant;

(2) Previous revocation or suspension of a business license held by the applicant;

(3) Nonconformance of the premises or building to be used for the business with the requirements of pertinent city codes;

(4) Incompatibility of the business with current zoning and adjacent land uses, including lack of conditional use or special use permit, if required;

(5) Demand of the type of business for excessive city services;

(6) Undue congestion of public throughways;

(7) Creation of a potentially hazardous or unsafe condition;

(8) Posing a danger to public health.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-5. Appeals.

A license applicant may appeal any license denial by the city manager to the city council. The appeal shall be in writing, stating the grounds for the appeal, and shall be filed with the city clerk within five (5) days of the decision of the city manager. The hearing procedure shall be the same as for city council suspension or revocation action, as set forth in section 13-9.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-6. Fee.

(a) The license fee upon every business in the city, except those exempted in section 13-2 and seasonal business licenses, shall be according to the number of employees hired, whether full or part time. The number of employees shall be determined by the monthly average of employees during the preceding year. The license fee for a new business shall be based on the estimated monthly average number of employees for the next ensuing twelve (12) months. The license fee shall be as follows:

Number of Employees	Fees
5 or less	$ 38.50
6 to 10 inclusive	66.00
11 to 20 inclusive	93.50
More than 20	110.00

The fee for a new license shall be reduced sixty-five (65) percent for an annual license issued after October 1 but before December 31 for the fourth quarter of any year.

(b) An owner shall, for the purposes of this section, be considered an employee.

(c) In the case of seasonal businesses, the license fee shall be fifteen dollars ($15.00) per season to include the first three (3) months of operation. For each month beyond three, up to and including the sixth month of operation, an additional five dollars ($5.00) per month shall be imposed.

(d) The business license fees provided in this article shall not apply to any nonprofit organization as defined in section 13-1.

(e) An application/inspection fee of fifteen dollars ($15.00) shall be imposed upon any new application for a business license; or, upon any existing business which changes its location within the city limits.

(f) Licenses expiring on December 31 shall be renewed and fees paid annually by January 31. A late fee of $15.00 shall be assessed for renewals completed after January 31. Licenses not renewed by April 15 shall be canceled.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-7. Posting and exhibiting.

Every license granted under the provisions of this article shall be posted in a conspicuous place at the business location for the full term of the license. Licenses shall be removed upon expiration. It shall be the duty of each person, or a designated representative or agent, to whom a license has been issued to show the same at any proper time when requested to do so by any city official.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-8. Suspension and revocation--By city manager.

(a) The city manager shall have the power to suspend, for up to thirty (30) days, any business license now or hereafter issued, after notice to the licensee and hearing as provided in this article, for any of the following reasons:

(1) Fraud, misrepresentation or any false statement contained in the application for license;

(2) Fraud, misrepresentation or any false statement made in the course of conducting business;

(3) Conduct of business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public;

(4) Conviction of any violation of federal, state or municipal law in the course of operation of the licensed business;

(5) Repeated violations of one (1) or more city ordinances at the licensee's place of business, by the licensee or patrons of the business;

(6) The conduct of the licensee's business consistently creates excessive need for city services and causes the city to expend public funds beyond normal requirements to protect the health, welfare and safety as a result of the conduct of the licensee's business;

(7) The business is of such a nature, or is operated in such a manner, that it is frequented by individuals who:

a. Consistently disrupt the normal and reasonable peace and tranquility of the neighborhood; or who

b. By intimidation, threat, harassment or other hostile conduct seriously disrupt any other business in the immediate neighborhood thereby causing such other business unreasonable economic loss;

(8) The licensee fails to keep and maintain permanent records which, in accordance with accepted accounting practices as determined by the finance director, are necessary for establishing licensee's sales tax liability;

(9) The licensee remains in arrears in payment of sales tax to the city longer than thirty (30) days after payment is due; or

(10) The licensee fails to maintain required bonds or insurance.

(b) A license may be suspended by the city manager for a period not to exceed thirty (30) days only after the city manager has called for and held a hearing, upon at least seven (7) days' written notice to the licensee. The notice of hearing shall set for the grounds for such suspension and direct the licensee to appear and show cause why the license should not be suspended. The licensee shall be entitled to be represented by counsel at such hearing, to reasonable cross-examination of witnesses against him and to presentation of witnesses in his own behalf. The city clerk shall record the proceeding of the hearing.

(c) A licensee may appeal any suspension order of the city manager to the city council. Such appeal shall be in writing stating the grounds therefor and shall be filed with the city clerk within five (5) days of the decision of the city manager. The hearing procedure shall be the same as for city council suspension or revocation action as set forth in this article.

(d) If, following the thirty-day suspension, the situation provoking the suspension has not been remedied, the city manager may revoke said business license without further notice to the licensee.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-9. Same--By city council.

(a) The city council may, upon recommendation of the city manager, or on its own motion, proceed to suspend or revoke for just cause, any business license issued pursuant to this article, after notice to the licensee and hearing as provided in this section.

(b) Notice of such suspension or revocation hearing by the city council shall be posted by the city clerk at the licensee's place of business not less than ten (10) days prior to the hearing and published in a newspaper of general circulation at least ten (10) days prior to the hearing.

(c) The licensee shall be given written notice stating the grounds for suspension or revocation at least fourteen (14) days in advance of such hearing. The notice shall direct the licensee to appear and show cause why the license should not be suspended or revoked.

(d) The public hearing by the city council shall include:

(1) A full reading of the record of any prior city manager's hearing within the preceding year, if such record exists;

(2) A statement by the city manager, which may be supported by the testimony of witnesses, indicating why the health, safety or welfare of the community may be endangered by the continued operation of the licensee; and

(3) Reasonable time for licensee to show cause why his license should not be suspended or revoked.

(e) Based on the record of the public hearing, the city council may cause the licensee's business license to be suspended or revoked for any of the reasons set forth in this article.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-10. Businesses annexed into the city.

If any business, trade or occupation is being conducted in an area which is being annexed to the city and said business, trade or occupation is being conducted lawfully and in conformance with all existing laws and statutes of the state and county, the conduct of such business, trade or occupation may be continued upon and subsequent to annexation to the city, providing the applicable license fee is paid within ten (10) days of annexation. In subsequent calendar years, the business must conform to all licensing requirements contained in this Code.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-11--13-20. Reserved.

ARTICLE II. ADVERTISING MATTER

Sec. 13-21. Posting on fencing, buildings, utility poles.

It shall be unlawful for any person to post, paint, tack or otherwise attach any notice or other advertising matter to any fence, wall or building or other property until first obtaining the consent of the owner of such property. It shall be unlawful for any person to post, paint, tack or otherwise attach any notices or advertising matter to any telephone, utility or other such poles.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-22--13-31. Reserved.

ARTICLE III. SPECIALTY LICENSES, BONDS, INSURANCE AND INSPECTIONS

DIVISION 1. GENERALLY

Sec. 13-32. Required.

The following specialty licenses, bonds, insurance and/or inspection requirements shall be required in addition to a general business license as provided for in Article I of this chapter. All specialty licenses shall expire December 31 of each year.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-33--13-35. Reserved.

DIVISION 2. DANCE HALLS AND CABARETS

Sec. 13-36. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cabaret means a place of public entertainment where the main business of the establishment is the operation of a restaurant selling food and beverages or food or beverages only to its patrons and furnishing facilities for dancing incidental to its food and beverage service.

Club means an association of persons for some common objective meeting periodically.

Dance hall means any room, hall or other place within the city for use for public dances where the main business of the establishment is to furnish facilities for dancing to its patrons and where admission is charged for the right to make use of or for the privilege of making use of the dancing facilities provided. The incidental sale of food and beverages to the patrons of the establishment shall not change the character thereof even though a charge is made for such food and beverages.

Lodge means a branch of an organization, especially a fraternal organization.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. O-2004-3, § 1, 2-3-04)

Sec. 13-37. License required; application; fee; duration.

(a) It shall be unlawful for any person to operate a dance hall or a cabaret without first obtaining a city license therefor. A license for a dance hall or for a cabaret shall be issued to the licensee by the city clerk with the approval of the city manager after the licensee shall have made application for such license upon forms to be furnished by the city clerk. A fee shall be charged for such license which shall be set by resolution of the city council. Applications for licenses may be made for the current year and may also be made for the succeeding year at any time after November 1.

(b) All licenses shall expire on December 31 of the year for which they were issued; provided however, that any license lawfully issued shall remain in effect until the licensed establishment closes on the morning of the succeeding January 1 as required by law.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-38. Suspension.

Any license issued for a dance hall or cabaret may be suspended or revoked as provided in section 13-8.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-39. Duties of licensee.

It shall be the duty of the licensee to keep the premises wherein his operations are conducted and the lobby, rest rooms and other rooms connected therewith, at all times in a clean, healthful and sanitary condition. It shall further be the duty of the licensee to comply with all laws, regulations and codes for health, safety, fire prevention and fire protection.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-40. License exemptions/special dance events.

(a) All dances conducted as church or school functions and all private dances held by clubs or lodges for their members and their invited guests shall be exempt from the license provisions of this article.

(b) A special dance event license for a single evening event may be obtained from the office of the city clerk with the approval of the city manager after the proposed licensee shall have made application for such license upon forms to be furnished by the city clerk. A fee shall be charged for such license which shall be set by resolution of the city council. Such licenses shall expire no later than two o'clock a.m. of the morning following the evening on which the special dance event is scheduled.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1993-23, § 1, 12-7-93)

Sec. 13-41. Closing time.

(a) All public dances conducted at dance halls on any given night shall be discontinued and all public dance halls shall be closed for the night at 1:00 a.m., except on Sunday, when all public dances conducted at public dance halls shall be discontinued and all public dance halls shall be closed at 12:00 midnight.

(b) All cabarets conducting business on any given night shall be closed for the night at 2:00 a.m., and no dancing shall be permitted in cabarets after 12:00 midnight on Sunday.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-42. To be patrolled.

The city manager may, at his discretion, in writing, order any dance hall or cabaret licensee to employ private guards to patrol the licensed establishment both inside and outside thereof on any specified date and at any specified time for the purpose of maintaining law and order, keeping the peace, supervising private parking and such other duties as are usually performed by private patrol. Such patrol shall be employed and paid by the licensee and no expense therefor shall accrue to the city.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-43--13-45. Reserved.

DIVISION 3. HOTELS, MOTELS, TOURIST HOMES, AND BED AND BREAKFASTS

Sec. 13-46. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bed and breakfasts shall mean a building of residential character other than a hotel or motel compatible with the neighborhood providing temporary lodging generally for less than one (1) week, having five (5) or fewer guest rooms, providing at least one (1) meal daily for guests, a manager residing on the premises, but not providing the accessory uses normally associated with a hotel.

Hotels and motels shall mean a building in which six (6) or more guest rooms are used to provide accommodations for transient guests for compensation. Additional services such as meeting rooms and recreational facilities may be provided.

Tourist home shall mean a building in which not more than five (5) guest rooms are used to provide transient accommodations to the public for compensation; provided, however, the buildings shall not qualify as a hotel or motel.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-47. Requirements.

This section shall not apply to boardinghouses.

(a) Bed and breakfasts, hotels, motels, and tourist homes shall maintain a guest register in which each guest shall register their name, home address and license number of the vehicle in which they are traveling, if applicable. The date of arrival and departure shall be clearly indicated. The register shall be maintained for a period of at least one (1) year following registration. The register shall be available to any authorized agent or employee of the city inspecting the use.

(b) Establishments as defined for the purposes of this section shall secure a lodgers tax license as required in section 23-92 of this Code.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-48--13-50. Reserved.

DIVISION 4. PAWNBROKERS

Sec. 13-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Pawnbroker means every person who makes a business of lending money on the security of personal property deposited in his keeping.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-52. License, application.

Application for a pawnbroker license to be issued under the provisions of this article shall be made to the city clerk who may require such other information regarding the operation of the business contemplated as may be deemed necessary.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-53. Fee.

The annual license fee for a pawnbroker business as defined in this article shall be thirty dollars ($30.00) per calendar year.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-54. Purchasing from minors.

No pawnbroker licensed under the provisions of this article shall make any purchase from any minor under eighteen (18) years of age.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-55. Inspection.

The chief of police or other designated official shall be permitted at any reasonable time to inspect any property contained on the premises of any pawnbroker licensed under this article.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-56. Records.

Any pawnbroker licensed under the provisions of this article shall maintain a written record of all business transactions. The record shall be kept on forms provided by the city or a reasonable facsimile thereof which has been approved by the chief of police, and shall contain all information prescribed in state statute. Every pawnbroker shall provide the police department, on a weekly basis, with two (2) records of all tangible personal property accepted during the preceding week and the customer's declaration of ownership contained thereon. The chief of police shall designate the day of the week on which the records and declarations shall be submitted. Records shall be available at any reasonable time for inspection by the chief of police or other designated official.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-57--13-60. Reserved.

DIVISION 5. SECONDHAND GOODS DEALERS

Sec. 13-61. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Secondhand dealer means any person whose principal business is that of engaging in selling or trading secondhand property. The term also includes any person whose principal business is not that of engaging in selling or trading secondhand property, but who sells or trades secondhand property through means commonly known as flea markets or any similar facility in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; or any person who purchases for resale any secondhand property which carries a manufacturer or serial number, or items identified as secondhand property as defined in this section.

"Secondhand dealer" does not include:

(1) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five (5) weekend periods in any one (1) calendar year. For the purposes of this section, "weekend period" means Friday through the immediately following Monday;

(2) A person who is a retailer or a wholesaler and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number or items identified as secondhand property as defined in this section;

(3) 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 products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;

(4) An organization which is a nonprofit corporation as herein defined and which is exempt from taxation pursuant to section 501(c)(3) of the "Internal Revenue Code," as amended;

(5) 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 created of gold or silver, if sold or traded by the artist or craftsman, his immediate family or regular employees;

(6) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a general business license and a sales tax license in the city;

(7) An antique or collectible dealer who sells antiques, has a general business license and sales tax license in the city and sells such antiques from a permanent storefront location.

Secondhand property means the following items of tangible personal property sold or traded by a secondhand dealer:

(1) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes and microscopes;

(2) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, video games, compact disc players, and graphic equalizers;

(3) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs;

(4) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;

(5) Bicycles, 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 ($30.00) or more, except motor vehicles, all-terrain recreational vehicles, snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-62. License application.

Application for a secondhand goods dealer license to be issued under the provisions of this article shall be made to the city clerk who may require other information regarding the operation of the business contemplated.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-63. Fee.

The annual license fee for a secondhand goods dealer as defined in this article shall be thirty dollars ($30.00) per calendar year.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-64. Inspection.

The chief of police or other designated official shall be permitted at any reasonable time to inspect any property contained on the premises of any business licensed as a secondhand goods dealer.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-65. Records.

(a) Any person licensed as a secondhand goods dealer shall maintain a written record of business transactions involving "secondhand goods." The record shall be kept on forms provided by the city or a reasonable facsimile thereof which has been approved by the chief of police, and shall contain all information prescribed in state statute. Every secondhand goods dealer shall provide the police department with said record of such transaction within a specified period of time to be determined by the chief of police. Records shall be available at any reasonable time for inspection by the chief of police or other designated official.

(b) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any qualified forms of identification as set forth by state statute. Such record shall be provided to the police department within three (3) days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-66. Notice.

(a) Except in the case of flea markets and similar facilities, every secondhand dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders concerning penalties for violations to the provisions set forth in this article and state statute regarding secondhand goods dealers and 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.

(b) In the case of flea markets and similar facilities, the operator thereof shall post the notice required in this section in such a manner as to be obvious to all persons who enter the flea market or similar facility.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-67--13-70. Reserved.

DIVISION 6. ANTIQUE AND COLLECTIBLE DEALERS

Sec. 13-71. Definitions; records required.

(a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Antique means a relic or object of ancient times or of an earlier period than the present; a work of art, piece of furniture or decorative object made at an earlier period and according to various customs laws at least one hundred (100) years old.

Collectible means any class of old things, but not antiques, that people collect as a hobby, specifically a thing of no great intrinsic value.

(b) Businesses engaged in selling or trading antiques or collectibles as defined shall be required to keep accurate record of the acquisition of merchandise when purchased from other than a duly licensed business. Said record shall include the name, address, and date of birth of the seller or trader; the date, time and place of the sale or trade; the identification number from a valid form of identification; an accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark or other identifying mark on such item; and the signature of seller. Said records shall be kept for a period of three (3) years and be open to inspection by the chief of police or other designated official.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-72, 13-73. Reserved.

DIVISION 7. MERCHANT PATROL/PRIVATE INVESTIGATORS

Sec. 13-74. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Individual merchant patrol guard means any employee of a merchant patrol business who is engaged in surveillance and patrol work for an employer.

Merchant patrol means the business or occupation of providing protection of persons or property of others or engaging in surveillance upon any premises for the purpose of ascertaining that such premises are safe and secure.

Owner means any individual owner or general partner. If a limited partner, "owner" shall mean any limited partner having a financial interest of twenty (20) percent or greater. If a corporation, "owner" shall mean any stockholder holding twenty (20) percent or more of the total outstanding stock of the corporation. If a limited liability company, "owner" shall mean any member of the company having a financial interest of twenty (20) percent or greater; and the operating manager(s) of said company.

Private investigator means one who is engaged in the systematic inquiry, research or observation of information of a civil or criminal nature performed for the benefit of another.

Security guard means any individual employed as a watchman or guard for the purpose of maintaining surveillance upon any premises owned by the employer, provided such surveillance activity does not involve the use of public ways.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-75. License required.

It shall be unlawful for any person to operate and engage in the merchant patrol or private investigation business as provided in this article without first having obtained a business license and a merchant patrol/private investigator's license from the city.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1993-23, § 3, 12-7-93)

Sec. 13-76. License--Application, review and license denial.

(a) Application for a merchant patrol/private investigator's license to operate and engage in either or both of said businesses within the city shall be submitted in writing to the city clerk upon forms provided for such purposes by the city clerk. The application shall set forth the following information:

(1) Name of the applicant;

(2) The business name, address and telephone number of the merchant patrol or private investigation business;

(3) The name, address, date of birth, driver's license or other valid identification number and the state in which it was issued, height, weight, and eye color of each owner, manager, and guard or investigator to be employed;

(4) The present occupation and occupations for the preceding five (5) years of each owner, manager and guard or investigator;

(5) The training and experience of each owner who will be actively engaged in the business operation, the manager(s), and guards or investigators to be employed;

(6) All charges, arrests, summons, convictions and releases from incarceration of each owner, manager and guard or investigator to be employed, within the immediately preceding ten (10) years for any crime of murder, rape, aggravated assault, kidnapping, burglary, assault with a deadly weapon, armed robbery, theft, forgery, sex offenses, drug offenses or any crime involving infliction of violence upon the person of another;

(7) Every owner, manager, guard and investigator to be employed, or engaging in the conduct of a merchant patrol or private investigation business shall be fingerprinted by the police department, and shall provide all necessary information for the purpose of criminal background clearance; and

(8) Any other pertinent information requested by the city clerk or chief of police for the purpose of administering the provisions of this article.

(b) Upon receipt of application, a criminal background investigation will ensue for all individuals named. Conviction or release from incarceration of any owner within the immediately preceding ten (10) years for any crime of murder, rape, aggravated assault, kidnapping, burglary, assault with a deadly weapon, armed robbery, theft, forgery, sex offenses, drug offenses or any crime involving infliction of violence upon the person of another will be grounds for immediate denial of the license. Any manager or guard or investigator who has been convicted or released from incarceration within the immediately preceding ten (10) years for any crime of murder, rape, aggravated assault, kidnapping, burglary, assault with a deadly weapon, armed robbery, theft, forgery, sex offenses, drug offenses or any crime involving infliction of violence upon the person of another will not receive authorization to provide services within the city.

(c) The chief of police shall have the authority to review all applications and determine, based on criminal background information and any other information obtained, if a license shall be issued or an employee be authorized to provide services within the city.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1993-23, § 4, 12-7-93)

Sec. 13-77. Same--Notification of change in structure; authorization of employees.

(a) The city clerk's office shall be notified immediately upon each change in ownership. Each new owner shall make application as prescribed herein and be subject to a criminal background investigation.

(b) The city clerk's office shall be notified and receive application immediately upon licensee retaining a new employee. Each new employee shall make application as prescribed herein and be subject to a criminal background investigation. No employee shall be allowed to provide services within the city without prior authorization from the chief of police.

(c) The city clerk's office shall be notified immediately by said licensee upon the discharge of any employee registered with the city.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-78. Same--Assignment or transfer.

No license issued pursuant to this article shall be assigned or transferred.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-79. Same--Fees.

(a) An investigation fee of two hundred twenty-five dollars ($225.00) will be assessed upon each new application for a merchant patrol/private investigator license. In the case of an existing license, a twenty-five dollar ($25.00) investigation fee shall be imposed for each new employee or owner of a company upon application for authorization to provide services within the city limits.

(b) The annual license fee for merchant patrol/private investigation business as defined in this article shall be twenty-five dollars ($25.00) per calendar year.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1993-23, § 5, 12-7-93)

Sec. 13-80. Same--Suspension and revocation.

The city manager shall have the authority to suspend or revoke any merchant patrol/private investigation license issued under this article for any of the following reasons:

(a) The owner of any merchant patrol or private investigation business, any individual merchant patrol guard or private investigator has been convicted or released from incarceration within the immediately preceding ten (10) years for any crime of murder, rape, aggravated assault, kidnapping, burglary, assault with a deadly weapon, armed robbery, theft, forgery, sex offenses, drug offenses or any crime involving infliction of violence upon the person of another; or

(b) Failure to disclose any information required for application of said license; or

(c) The applicant or owner of any merchant patrol business or any individual merchant patrol guard or any private investigator has failed to report a crime to the police department or has failed to report circumstances to the police department which should have put the department on notice that a crime has been committed; or

(d) The applicant or owner of any merchant patrol business or individual merchant patrol guard or private investigator has failed to comply with the requirements set forth in this article; or

(e) The city manager finds and determines that the public interest requires a suspension, denial or revocation of any license or permit.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1993-23, § 6, 12-7-93)

Sec. 13-81. Same--Insurance requirements; indemnification.

(a) No license shall be issued until the merchant patrol or private investigation business has secured such insurance as will protect itself and the city from claims of bodily injury, death or property damage which may arise from carrying on a merchant patrol or private investigation business. The following insurance coverage shall be required in the name of the licensee naming the city as an additionally insured.

Public liability and property damage:

(1) Bodily injury, each person, five hundred thousand dollars ($500,000.00); each accident, five hundred thousand dollars ($500,000.00);

(2) Property damage, each accident, two hundred thousand dollars ($200,000.00); aggregate, four hundred thousand dollars ($400,000.00).

(b) Each such policy of insurance shall contain an endorsement to the effect that the insurance carrier shall notify the city clerk at least thirty (30) days in advance of the effective date of any reduction or cancellation of the policy. The cancellation or reduction of insurance shall be the cause for automatic suspension of the license until the coverage has been reinstated. All policies shall be kept in force for the period of the license.

(c) The licensee shall be responsible for any and all damage to property or injury to persons arising out of the exercise of the license. The licensee shall indemnify and save harmless the city and all of its officers, agents and employees from all suits, actions or claims of injuries received or sustained by any person or property on account of the exercise of the license or of any act or omission of the licensee thereunder, his agents or employees, or on account of the failure of the licensee to faithfully perform and honestly conduct all duties undertaken by the merchant patrol or private investigation business and each individual merchant patrol guard or investigator employed thereunder.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-82. Same--Compliance with Code.

Nothing contained herein shall be construed as permitting or allowing the applicant or owner of any merchant patrol business hereunder or any individual merchant patrol guard employed by any merchant patrol business or private investigator to violate or disobey any section of this Code or any duly enacted ordinance of the city.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-83. Same--Badges, uniforms and equipment.

All badges, uniforms and equipment used by individuals, partnerships, corporations or limited liability companies engaged in the merchant patrol or private investigation business shall be sufficiently distinctive to avoid confusion in the mind of the public with badges, uniforms and equipment of local law enforcement agencies.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-84. Same--Cooperation with police department.

It shall be the duty of every person engaged in merchant patrol work to report break-ins and suspicious circumstances to the police department immediately and to cooperate with the police department in the investigation of same whenever requested to do so. Such person shall not attempt to investigate suspicious circumstances himself.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-85--13-88. Reserved.

DIVISION 8. PLUMBERS

Sec. 13-89. Master plumber's license.

(a) A plumber who has a master plumber's license from the state and a plumber's license from the city shall be duly qualified to do plumbing work within the city. All master plumbers shall pay to the city a plumber's license fee of ten dollars ($10.00) per annum, and shall execute a good and sufficient bond in the sum of five thousand dollars ($5,000.00), conditioned that licensee shall indemnify and save harmless the city, all of its officers, agents and employees from all suits, actions or claims of damage or injury received or sustained by any person or property in any avenue, street, lane, sidewalk, alley or any other place, public or private, on account of the exercise of the license or any act or omission of the licensee thereunder, his agents or employees, in connection with the waterworks or sewer system, in the introduction and use of water or the disposal of waste water to the sewers so far as shall be undertaken with any person to do any work for such purpose, whatever the character or the kind of work may be. The bond will be conditioned that he shall restore any avenue, street, lane, alley, sidewalk or other place to the same or as good condition as the same was in when the work, under the plumbing permit therefor, was commenced. A further condition will be that licensee shall comply with all conditions and requirements set forth by the building inspector inherent to issuance of a plumbing permit.

(b) The right to revoke the city license of any plumber for failure to comply with the terms of this section and the utilities chapter of this Code is hereby reserved.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-90, 13-91. Reserved.

DIVISION 9. EXCAVATIONS

Sec. 13-92. Excavation bond required.

Companies, firms, partnerships, corporations or individuals who wish to engage in excavation shall furnish the city a good and sufficient bond in the amount of five thousand dollars ($5,000.00) as required in Article V, section 21-68 of this Code prior to a general business license being issued.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-93, 13-94. Reserved.

DIVISION 10. MASSAGE THERAPISTS AND PARLORS

Sec. 13-95. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Licensed premises means the premises specified in an approved application for a massage therapist license under this article which are owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage.

Local licensing authority means the governing body of the city or any authority designated by the City Charter or by city ordinance.

Massage means a method of treating the body for remedial or hygienic purposes, including but not limited to rubbing, stroking, kneading or tapping with the hands or an instrument or both.

Massage parlor means an establishment providing massage, but it does not include training rooms of public and private schools accredited by the state board of education or approved by the division charged with the responsibility of approving private occupational schools, training rooms of recognized college, professional or amateur athletic teams, and licensed health care facilities. A facility which is operated for the purpose of massage therapy performed by a massage therapist is not a massage parlor.

Massage therapist means a person who has graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy. A massage therapy school may include an equivalency program approved by the state education board or division charged with the responsibility of approving private occupational school.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-96. Massage parlor prohibited.

Massage parlors as defined in this article shall be prohibited within the city.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-97--13-99. Reserved.

DIVISION 11. NONMOTORIZED VEHICLES

Sec. 13-100. Requirements.

(a) Prior to the issuance of a general business license to any nonmotorized vehicle endeavor, proof of insurance in the amount of five hundred thousand dollars ($500,000.00) single limit liability and one million dollar ($1,000,000.00) aggregate, naming the city as additionally insured shall be provided to the city clerk.

(b) All applicable provisions of the model traffic code will be adhered to by owners and agents of the business enterprise.

(Ord. No. 1992-28, § 1, 12-15-92)

DIVISION 12. HOME OCCUPATIONS

Sec. 13-101. Requirements.

Individuals that desire to operate a business from a residence must first obtain a home occupation license. Applicants for a home occupation must secure a special use permit pursuant to chapter 27 section 10-1-12 prior to a home occupation license being issued.

(Ord. No. 1992-28, § 1, 12-15-92)

DIVISION 13. COMMERCIAL RAFTING COMPANIES

Sec. 13-102. Definitions.

For the purpose of this article, commercial rafting companies are defined as any business organization which charges a fee or imposes a charge of any nature to the general public or any member thereof, for transportation on a waterway or rental of equipment to use in the water, regardless of the size or description of the equipment used for such purposes.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. O-2004-16, § 1, 8-3-04)

Sec. 13-103. Permit required.

(a) Any commercial rafting company, as defined in section 13-102 above, shall annually be required to obtain a permit from the city. Application for such permit shall be made to the director of parks and recreation and shall be accompanied by an annual permit fee as determined by administrative action of the city manager. Upon receipt of a completed application, together with the applicable permit fee and proof of insurance as required pursuant to section 13-105 of this chapter, the director of parks and recreation shall issue the requested permit, which permit shall be subject to administrative conditions and regulations concerning the operations of commercial rafting companies within the city, including but not limited to, such matters as the applicant's plan for controlling congestion within the Central Business District, the applicant's circulation plan for delivery and return of passengers to and from the Animas River, and the applicant's plan for utilization and protection of municipally owned property, which shall serve as points of departure and takeout for commercial rafting companies.

(b) Should an applicant violate any of the applicable conditions or regulations subsequent to the issuance of a permit, the city shall provide written notice to the applicant, at the address set forth on the application, setting forth the violation or violations that have occurred and providing the applicant with a period to cure such violation or violations, which shall not exceed five (5) days from the date of mailing such notification. Subsequent violations occurring during any permit year may result in suspension or revocation of the commercial rafting permit by administrative action of the city manager.

(Ord. No. 1996-7, § 1, 4-16-96; Ord. No. O-2004-16, § 2, 8-3-04)

Editor's note--Section 1 of Ord. No. 1996-7, adopted April 16, 1996, amended this section to read as herein set out. Formerly, § 13-103 pertained to fees for loading and unloading and derived from § 1 of Ord. No. 1992-28, adopted Dec. 15, 1992.

Sec. 13-104. Loading, unloading procedures.

All commercial rafting companies loading or unloading persons or property from city-owned property shall limit such procedures to designated locations which shall include and be limited to the designated areas north of 32nd Street Bridge, south of the 9th Street Bridge, Santa Rita Park, Cundiff Park, and a location approximately fifty (50) yards south of the 29th Street pumping station. Regardless of whether a commercial rafting permit has been obtained pursuant to section 13-103 of this chapter, no commercial rafting company shall be allowed to advertise or place any forms of signage upon publicly-owned property. All commercial rafting companies shall be responsible for the collection and disposal of their own trash and debris and shall leave municipally owned property in the same condition as found prior to the loading and unloading process. Notwithstanding the acquisition of a commercial rafting permit pursuant to section 13-103 of this chapter, no commercial rafting company shall utilize the Animas River for recreational or transportation purposes at times when such river is closed to recreational traffic pursuant to order of duly authorized county or city officials.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. 1996-7, § 2, 4-16-96; Ord. No. O-2004-16, § 3, 8-3-04)

Sec. 13-105. Insurance and inspection requirements.

Commercial rafting companies shall provide to the city clerk a certificate of insurance naming the City of Durango as an additional insured in the minimum amount of five hundred thousand dollars ($500,000.00). Commercial rafting companies shall provide coast guard approved life vests to all customers who are transported on a waterway or who rent equipment from a commercial rafting company for such purpose. Identification of the name of the commercial rafting company shall be clearly visible on the flotation device.

(Ord. No. 1992-28, § 1, 12-15-92; Ord. No. O-2004-16, § 4, 8-3-04)

Secs. 13-106, 13-107. Reserved.

DIVISION 14. CARNIVALS AND CIRCUSES

Sec. 13-108. Requirements.

Operation of any carnival or circus shall be contingent upon receipt of certificate of insurance naming the City of Durango as an additional insured with a minimum of one million dollars ($1,000,000.00) combined single limit liability; and inspection and approval by the city fire department of all equipment to be used. Said inspection shall require a fifty dollar ($50.00) inspection fee, payable prior to the inspection.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-109--13-120. Reserved.
Editors Note: Ord. No. O-2003-33, § 2, adopted Oct. 21, 2003, repealed Div. 15 § 13-109, which pertained to parades requirements and derived from Ord. No. 1992-28, § 1, adopted Dec. 15, 1992.

ARTICLE IV. SOLICITORS AND PEDDLERS

Sec. 13-121. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Canvasser or solicitor means any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares or merchandise or anything of value, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has carried or exposed for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. Such definition shall not include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting any samples and taking orders for future delivery.

Central business district means the area bound by the southern bank of the Animas River as the northern boundary, the eastern bank of the Animas River as a western boundary, the northern bank of the Animas River as a southern boundary and the alley between East Third Avenue and East Second Avenue as an eastern boundary.

Peddler means any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, or from street to street, carrying, conveying or transporting goods, wares, merchandise, or anything of value in the person's possession offering and exposing the same for sale or making sales and delivering articles to purchasers.

Vend means to dispose of something by sale; to engage in selling; to sell as a hawker or peddler; or to sell by means of vending machines.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-122. Uninvited solicitation on private property declared a nuisance.

The practice of going into and upon private residences and property for the purpose of soliciting orders for the sale of services, goods, wares or merchandise or of selling or otherwise disposing of services, goods, wares or merchandise, unless done at the invitation or request of the owner or occupant, is hereby declared to be a nuisance.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-123. Exceptions.

The provisions of section 13-122 shall not apply to the sale of, soliciting of, or orders for the sale or disposal of farm and garden produce when so offered by the actual grower or producer thereof.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-124. License required.

It shall be unlawful for any peddler, solicitor or canvasser, as defined in section 13-121, to engage in business within the city without first obtaining a license as provided for under section 13-2. Said license, or true copy thereof, shall be available for inspection at all times during the conduct of business.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-125. Revocation procedure.

Business licenses issued under the provisions of section 13-2 to peddlers, vendors, canvassers or solicitors may be suspended and revoked by the city manager in accordance with procedures set forth in section 13-8.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-126. Vending within central business district.

Because of existing vehicular and pedestrian congestion along streets and sidewalks within the public right-of-way in the central business district, vending shall be prohibited within the central business district except on days designated for vending on a calendar to be developed and presented to the city council for its review and approval on an annual basis. Proposed calendars should be submitted to the city council by November 15 of each year and such calendar shall be reviewed and approved by the council, with any necessary modifications, at a regular council meeting prior to December 31 of the year in which the calendar is submitted. The city council shall receive and consider such public input concerning the vending calendar for the central business district as it may deem necessary or appropriate for purposes of approving or modifying the calendar.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-127. Vending prohibited; exceptions.

Vending on the public right-of-way is prohibited in the city with the following exceptions:

(1) Vending from motor vehicles is permitted in all areas of the city excluding the central business district and shall be subject to the restrictions contained in section 13-128(1) through (14) and (16);

(2) Vending from motor vehicles is permitted in the central business district only when the street on which vending shall occur has been closed by means of a permit issued by the police department;

(3) No vending of any type shall be permitted on sidewalks or public property within the central business district except on days permitted pursuant to action of the city council in accordance with the terms and provisions of section 13-126 and any such vending on days authorized in accordance with provisions of section 13-126 shall be subject to the restrictions contained in section 13-128(1) through (15).

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-128. Prohibited conduct.

The following acts are prohibited by vendors in the city. No person shall:

(1) Vend within five hundred (500) feet of the grounds of any elementary or secondary school between one-half hour prior to the start of the school day and one-half hour after dismissal at the end of the school day;

(2) Vend within five hundred (500) feet of any hospital;

(3) Vend within five hundred (500) feet of any church while church is in session;

(4) Vend on any street or sidewalk where vending is otherwise prohibited;

(5) Vend between 9:00 p.m. and 9:00 a.m. of the following day unless specifically permitted by the vending calendar;

(6) Leave any stand or motor vehicle unattended;

(7) Store, park, or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking place, in conformance with city and state parking regulations;

(8) Sell food or beverages for immediate consumption unless all required licenses from the state department of health have been obtained, and litter receptacles are available for use by patrons;

(9) Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made;

(10) Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle;

(11) Set up, maintain or permit the use of any table, crate, carton, rack, or any other device to increase the selling or display capacity of his stand or motor vehicle, where such items have not been described in the business license application;

(12) Solicit or conduct business with persons in a motor vehicle;

(13) Sell anything other than that which is permitted under the license issued;

(14) Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention to the public. This section shall not be construed to prohibit bells, chimes or unamplified musical instruments provided the provisions of this Code are complied with;

(15) No vendor selling from a stand on a public sidewalk shall:

a. Vend at any location where the sidewalk is not at least six (6) feet in width;

b. Vend in such a way as to obstruct the sidewalk;

c. Vend within six (6) feet of an entrance-way to any building;

d. Vend within twenty (20) feet of any driveway entrance to a police or fire station, or within ten (10) feet of any other driveway;

e. Vend within fifteen (15) feet of the crosswalk at any intersection;

f. Vend within fifteen (15) feet of any bus stop sign;

g. Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property, without the owner's permission;

h. Vend within five hundred (500) feet of any park or city recreational facility which is serviced by a stationary concession stand under lease agreement with the city.

(16) No vendor vending from a motor vehicle shall:

a. Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles;

b. Stop, stand or park a vehicle upon any street or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom;

c. Stop, stand or park a vehicle upon any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance;

d. Remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose; or

e. Stop, stand or park a vehicle within twenty (20) feet of any intersection, except that vehicles vending products likely to attract children as customers shall park curbside when stopping to make a sale as close as possible to a pedestrian crosswalk without entering the intersection or otherwise interfering with the flow of traffic.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-129--13-139. Reserved.

ARTICLE V. RETAIL SALES

Sec. 13-140. License required; application; fee.

(a) It shall be unlawful for any person to engage in the business of selling at retail, as the same is defined in section 23-16, without first having obtained a sales tax license in addition to a general business license as required in section 13-2. The sales tax license shall be granted and issued by the city clerk and shall be in force and effect until the business enterprise is no longer operating or ownership changes.

(b) Such license shall be granted only upon application stating the name and address of the person desiring the license, the name of the business and location, including the street number of the business and such other facts as the finance director may require. Such sales tax license shall be granted only upon application stating the name of the applicant, the business name, a business address, and the nature of the business. The city clerk shall attest all licenses granted and keep an adequate record thereof. Applications for a license shall be provided by the city clerk.

(c) A fee of two dollars and fifty cents ($2.50) shall be assessed for each sales tax license issued. The fee shall be paid at the time of application for said license.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-141. Separate licenses, display.

(a) A separate sales tax license shall be required and displayed at each location of a business establishment.

(b) Each license shall be numbered and show the name, place and character of business of the licensee and shall be posted in a conspicuous place at the business location for which it is issued. No license shall be transferable.

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-142. Revocation.

(a) The city manager, on reasonable notice and after full hearing, may revoke the license of any person found by the city manager to have violated any provisions of this chapter and Chapter 23, Article II.

(b) Any finding and order of the city manager revoking the license of any person shall be subject to review by the district court of the district where the business of the licensee is conducted, upon application of the aggrieved party. The procedure for review shall be as nearly as possible the same as now provided for by Colorado Rules of Civil Procedure rule 106(a)(a).

(Ord. No. 1992-28, § 1, 12-15-92)

Sec. 13-143. Exemptions; bond.

(a) No sales tax license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under Chapter 23, Article II.

(b) Any retailer who is applying for a sales tax license shall, prior to being granted the license, deposit with the finance director, a cash bond in the amount of fifty dollars ($50.00) for the benefit of the city. The bond shall be conditioned upon and security for the payment of the retail sales taxes due or to become due. The cash bond may be used as a credit by the retailer upon filing the appropriate returns as they are due. If, upon closure of a business, a bond has not been completely depleted, the retailer may request, in writing, a refund of the remaining bond. A refund will be made by check following the submittal of the final sales tax return and after all balances due have been brought current.

(Ord. No. 1992-28, § 1, 12-15-92)

Secs. 13-144--13-150. Reserved.

ARTICLE VI. RAFFLES

Sec. 13-151. Raffles allowed by certain qualified organizations.

Raffles may be operated within the City of Durango by any bona fide chartered branch, lodge or chapter of a national or state organization or any bona fide religious, charitable, labor, fraternal, educational, voluntary firemen's, or veteran's organization or any association, successor, or combination of association and successor of any of the said organizations which operates without profit to its members and which has been in existence continuously for a period of five (5) years immediately prior to the making of application for a license under this article and has had during the entire five-year period dues-paying members engaged in carrying out the objects of said corporation or organization.

(Ord. No. 1992-28, § 1, 12-15-92)