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Home My WebLink About10360 ORDINANCE NO. 10360 AN ORDINANCE AMENDING CHAPTER 10 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE, UPDATING BUSINESS LICENSING PROVISIONS RELATED TO EMPLOYMENT AGENCIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 9-10-31 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-31. Employment and intelligence office or agency; license required; definition. \[(a)\] It shall be unlawful for any person to keep open or establish within the limits of the City any intelligence or employment office or agency, hereinafter “Employment Agency”, for the purpose of procuring or obtaining for money or other valuable consideration, either directly or indirectly, any work, employment or occupation for persons seeking the same, or to otherwise engage in the business or to otherwise act as a broker between employers and parties seeking work without first having obtained a license from the City so to do. \[(b Wage broker shall mean any person loaning money directly or indirectly to any employee or wage earner upon the security of, or in consideration of, any assignment of the wages or salary of such employee or wage earner.\] SECTION 2. Section 9-10-32 of the Pueblo Municipal Code is hereby amended to read as follows: 9-10-32. Fees; bond, amount, conditions, renewal. (a) The annual license fee shall be fifty dollars ($50.00) entitling the licensee to do business until the first day of the next calendar year. (b) The applicant shall deposit with the \[City Clerk\] Licensing Officer a bond in the penal sum of one thousand dollars ($1,000.00) with two (2) or more sureties, or reliable surety company, to be approved by the City Attorney, payable to the City, conditioned that the person applying for the license will comply with the ordinances of the City relative to \[intelligence or employment offices\] Employment Agencies, and will pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit made in carrying on the business for which they are licensed. If at any time the sureties \[, or any of them, \] on any such bond \[shall\] become irresponsible, the person holding any such license shall, upon notice from the \[City Clerk\] Licensing Officer, give a new bond to be approved as \[hereinbefore\] herein provided. Failure to give a new bond, within ten (10) days after notice, shall be a violation of these ordinances and operate as a \[revocation\] surrender of such license. SECTION 3. Section 9-10-33 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-33. Certificate, display; rates. It shall be the duty of all persons licensed hereby to keep the \[same\] license certificate publicly exposed to view, in a conspicuous place in their office or place of business, together with a printed schedule of the fees to be charged for service. \[, which fees shall be as follows, to wit: for males, five percent (5%) and no more, on one (1) month's wages and board; for females, three percent (3%) and no more on one (1) month's wages and board; and no other so called bonus or fee shall be exacted from such applicant.\] Every person paying the required fee shall receive a receipt for the same, which receipt shall state in plain terms the agreement between the \[intelligence or employment agent or broker\] Employment Agency and the person paying such fee, and if the terms of such agreement are not fulfilled, then such fee shall be returned to the person paying the same. SECTION 4. Section 9-10-34 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-34. Register required; information entered; inspection. Persons duly licensed under this Article shall \[enter upon a register to be kept for that purpose\] record in a register every order received from any person desiring the services of \[persons seeking work or employment\] the Employment Agency; the name and address of the person from whom such order was received; the number of persons wanted; the nature of the work or employment; the wages to be paid; and a correct record of the names of all persons who have been sent to procure work or employment on such order. No order for help shall be considered a bona fide order unless the same shall be entered upon a register as herein before provided. There shall also be entered \[upon\] in such register the names of all applicants depositing a fee for the purpose \[of registering their names with a view\] of obtaining work or employment, and the nature of the work or employment wanted. Such register shall be open at all reasonable hours to inspection by the Chief of Police or any law enforcement officer. SECTION 5. Section 9-10-35 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-35. Illegal acts. It shall be unlawful for any person or his or her agent or employee, engaged in the business of employment or intelligence agent or broker, to give any false information, to make any misstatements or make any false promises concerning any work, employment or occupation, \[to charge a greater fee for his or her services to applicants than is provided herein, \] to fail to keep \[such\] a register\[,\] as is provided for herein, to make any false entries in such register, to send out any help \[, male or female, \] without having previously obtained a written bona fide order for such help, or to violate any other of the provisions \[hereof\] of the Pueblo Municipal Code. SECTION 6. Section 9-10-36 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-36. Fee splitting. It shall be unlawful for any person keeping an \[intelligence or employment office\] Employment Agency to send out help to contractors or other employers \[of help\] and divide the \[office\] collected fees with such contractors or employers \[of help, or their foreman\], or anyone in their employ. SECTION 7. Section 9-10-37 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-10-37. Exclusions. Nothing herein contained shall be construed so as to require any religious or charitable association, which may assist in procuring situations or employment for persons seeking the same, to obtain a license so to do, provided that they receive no fees in payment therefor. SECTION 8. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and to implement the policies and procedures described therein. SECTION 9. This Ordinance shall become effective thirty (30) days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 12, 2022. Final adoption of Ordinance by City Council on December 27, 2022 . President of City Council Action by the Mayor: ☒ Approved on December 29, 2022 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Deputy City Clerk City Clerk's Office Item # R8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 12, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Trevor Gloss, Assistant City Attorney Valarie Palumbo, Sales Tax Manager SUBJECT: AN ORDINANCE AMENDING CHAPTER 10 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE, UPDATING BUSINESS LICENSING PROVISIONS RELATED TO EMPLOYMENT AGENCIES SUMMARY: Attached for consideration is a text amendment that will amend Chapter 10 of Title IX of the Pueblo Municipal Code, updating business licensing provisions related to employment agencies. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Pueblo Municipal Code Sections 31 through 37 of Chapter 10, Title IX, as originally enacted and still in force, require employment agencies to meet certain business licensing requirements. However, these provisions have not been amended since originally enacted in 1957, and changes are needed to bring the provisions up to date with current law. This Ordinance makes those required changes. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the code is not amended in accordance with this Ordinance, the code provisions as they are may be found to conflict with current law. RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: None