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HomeMy WebLinkAbout10771 R15 Background Paper for Proposed Ordinance COUNCIL MEETING DATE:August 12, 2024 TO:President Mark Aliff and Members of City Council CC:MayorHeather Graham VIA:Marisa Stoller, City Clerk FROM:Carla Sikes, City Attorney SUBJECT:AN ORDINANCE AMENDING CHAPTERS 1 AND 5 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE TO UPDATE AND REVISE THE BUSINESS LICENSING APPLICATION AND APPEAL PROCESS, AMEND THELODGING FACILITY LICENSING REQUIREMENTS, AND PROVIDE PENALTIES FOR VIOLATION THEREOF SUMMARY: Attached is a proposed Ordinance which amends Title IX, Chapters 1 and 5 of the Pueblo Municipal Code to update and revise the business licensing application and appeal process and amend the Lodging Facility licensing requirements. PREVIOUS COUNCIL ACTION: Section 3-13 of the Pueblo City Charter allows for the issuance, suspension or revocation of licenses and permits and fees therefor, for regulatory or revenue purposes. The licensing code is codified in Title IX of the Pueblo Municipal Code. Chapter 1 of Title IX was enacted in or about 1974. The current hotels, lodging houses and boarding houses licensing requirements were established by Charter in Chapter 5 of Title IX, Pueblo Municipal Code with various amendments by way of Ordinance. BACKGROUND: Title IX of the Pueblo Municipal Code governs the licensing of businesses within the City of Pueblo. Each Chapter of the Title generally concerns a separatetype of license. Portions of the code are confusing and outdated. By amending Chapter 1 of Title IX, the City seeks to create more consistent standards for the application and appeal process. The revision also seeks to provide more specific and consistent qualifications and standards. The amendments to Chapter 5 of Title IX will conditions and criminal activity in and around Lodging Facilities within the City. The amendments require additional information to be provided by licensees and will provide greater overall regulation of lodging facilities. FINANCIAL IMPLICATIONS: The amendment increases annual license fees and delinquent fees. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: status quo. RECOMMENDATION: Approve the Ordinance. Attachments: None ORDINANCE NO. 10771 AN ORDINANCE AMENDING CHAPTERS 1 AND 5 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE TO UPDATE AND REVISE THE BUSINESS LICENSING APPLICATION AND APPEAL PROCESS, AMEND THE LODGING FACILITY LICENSING REQUIREMENTS, AND PROVIDE PENALTIES FOR VIOLATION THEREOF WHEREAS, City Council of the City of Pueblo desires to update and clarify the business licensing application, approval and appeal process in general; WHEREAS, City Council of the City of Pueblo desires to address increasing calls for service to the Pueblo Police Department regarding various incidents occurring at hotels and motels within the City; WHEREAS, City Council determines that establishing a lodging facility licensing program protects the health, safety, and welfare of the public and is the most practical and efficient method to address the foregoing issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Title IX, Chapter 1 of the Pueblo Municipal Code is hereby amended as follows: Section 9-1-1 Definitions. For the purposes of this Code, in all matters relating to the licensing of any business, the following definitions shall be observed: (1) Business shall include 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, nonprofit, or benefit, either directly or indirectly, on any premises in this City, or anywhere else within its jurisdiction. (2) City License Officer or License Officer shall mean the Director of Finance, or his or her designee \[of the City\], except as to Building Trades Licenses, Title IV, Chapter 1, where said officer shall be the Building Official or appropriate Board \[Chief Building Inspector\]. The License Officer, or his or her designee, shall have and is vested with the authority to grant or deny licenses; conduct investigations and inspections; and suspend or revoke licenses for cause. (3) Insignia, or its singular number insigne, shall mean any tag, plate, badge, emblem, sticker or any other kind of device which may be required for any use in connection with any license. (4) \[License or licensee, as used generally herein, shall include respectively the words permit or permittee, and certificate or certificate holder or the holder for any use or period of time of any similar privilege, wherever relevant to any provisions of this Code or other law or ordinance.\] esignated by the City License Officer, Police Chief, Fire Chief, Region Building Department Building Official, or the Director of the City- County Health Department to act as an inspector who shall perform the inspection duties set forth in this Title for that department and such other duties as each may reasonably direct. (5) \[Premises is meant to include all lands, structures, places, the equipment and appurtenances connected or used therewith in any business, and any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.\] generally herein, shall include respectively the words permit, certificate, use, or any similar privilege, wherever relevant to any provisions of this Code or other law or ordinance. (6) \[Appropriate licensing board shall mean anyone (1) of several boards each created by a specific provision of this Code and authorized to examine applicants to ascertain their qualifications, competency and fitness to perform the work for which such applicants seek to be licensed.\] Licensee means the individual or entity to which a license is granted under this Title and as used generally herein, shall include respectively the words permittee, certificate holder, or holder for any use or period of time any similar privilege, wherever relevant to any provisions of this Code or other law or ordinance. (7) Appropriate Licensing Board shall mean anyone (1) of several boards each created by a specific provision of this Code and authorized to examine applicants to ascertain their qualifications, competency and fitness to perform the work for which such applicants seek to be licensed. (8) and appurtenances connected or used therewith in any Business, and any personal property which is either affixed to or is otherwise used in connection with any License, Licensee or Business conducted on such premises. (9) (10) or administers the acts and transactions of, and the acts of employees of, a Licensee, Business, or Premises. (11) "Person" means an individual, firm, association, partnership, company, sole proprietorship, corporation or similar entity. (12) as the Director of Finance may designate to hear appeals under this Title. (13) act or acts or attempted act or attempted acts that causes serious bodily injury or death to any person or an act or acts that requires a law enforcement specialized unit or tactical response team. Sec. 9-1-2 Application. . . . (d) Agents Responsible for Obtaining License. The agents, Managers, or other representatives of nonresidents of the City who are doing business in the City shall be personally responsible for the compliance with this Code of their principals and of the businesses they represent \[with this Code\]. . . . Sec. 9-1-3 City License Officer. (a) Issue Licenses. The License Officer shall collect all license fees and shall issue licenses in the name of the City to all persons qualified under the provisions of this Title or other portions of this Code and shall: (1) Make Rules and Penalties. Promulgate and enforce all reasonable rules and regulations and adopt reasonable civil penalties, in conformity with applicable statutes, ordinances, and Charter, necessary to the operation and enforcement of this Title. (2) Adopt Forms and Process. Adopt all forms and prescribe the information given therein as to character and other relevant information \[matter for all necessary papers\] for the applicable license requested. The License Officer may require all forms to be submitted on- (3) Require Affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this Title \[Chapter\], or other appropriate portions of this Code. (4) Obtain Endorsement. Submit all applications, in a proper case, to appropriate City, County, or State officials for their endorsements thereon as to compliance by the applicant with all City, County, or State regulations which they have the duty of enforcing. Similarly, in all cases where an examination as to competence and ability is a prerequisite, to submit all such applications to the appropriate City, County, or State officials or licensing board for examination and endorsement on the application of the results of such examination, whether qualified or not qualified. And similarly, where the issuance of a license is within the discretion of the City Council, the Licensing Officer shall submit the application to the City Council for action with the endorsement or report of appropriate City, County, or State officials or licensing board as to compliance with applicable City regulations or such other investigation of character or qualifications as may be required. (5) Investigation. Investigate and determine the eligibility of any applicant for a license as prescribed herein. The License Officer may request an inspection of the License Premises by an Inspector if he or she determines an inspection is necessary to dete (6) Examine Records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Title, or other portions of this Code. (7) \[Give Notice. Notify any applicant of the acceptance or rejection of his or request, state in writing the reasons therefor and deliver them to the applicant.\] . . . Sec. 9-1-5 Qualifications of Applicants. General Standards to be Applied. The general standards set out in this Section relative to the qualifications of every applicant for a City License shall be considered and applied by the License Officer together with any additional standards set forth in subsequent Chapters and required for a specific License. The applicant shall in general: (1) Good Moral Character. Be of good moral character. In making such determination, the City License Officer shall consider: . . . Sec. 9-1-6. Procedure for Application; Approval or Denial \[issuance of license\]. (a) Formal Application Required. Every person required to procure a license under the provisions of this Code or any ordinance or law of the City shall submit an application for such license to the License Officer on forms provided by, and pursuant to the process adopted by the License Officer. (1) Form. Be a statement upon forms provided by the License Officer. Every license application shall be complete in every detail. If any application is deposited with the License Officer and found, upon examination, to contain any omission or error, it may be returned to the applicant for completion and correction without further action by the License Officer. Any false statement knowingly made on any application shall be grounds for rejection of such application or revocation of any license issued upon the basis of the false statement. (2) Contents. Require the disclosure of all information necessary to comply with Section 9-1-5 and of any other information which any applicable provision of this Code or law shall require or which the License Officer shall find to be reasonably necessary to the fair administration of this Title. No application shall be deemed complete unless accompanied by the following: a. If the applicant is: i. An individual, the individual shall state his or her legal name and any aliases; ii. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; iii. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process; or iv. A limited liability company, the company shall state its complete name, the date of its formation, evidence that the company isin good standing under the statutes ofthe State of Colorado, or in the case of a foreign company, evidence that it is currently authorized to do business in the State of Colorado, the name of the manager, and the name of the registered agent and the address of the registered office for service of process. b. If the application is for renewal of a license, the application must be filed no later than forty-five (45) days prior to the date upon which the license expires, unless extended by the License Officer, and contain the following additional information: i. Certification that the applicant and proposed location complies with all applicable building, fire, health and safety codes required by the Building Official of the Pueblo Regional Building Department, the Pueblo Fire Department, and the City-County Health Department; ii. Certification that the applicant has met and conferred with the PPD regarding criminal activity in and around the proposed location and developed a security plan and mitigation plan, as appropriate; iii. A statement by Licensee of any changes in ownership, management, or to the criminal history of any Owner, Operator, moral character, (3) Payment of Fees. Be accompanied by the full amount of the fees chargeable for such license. (4) Affirmation. The applicant shall self-certify that all information provided on, and with the application is accurate and truthful under the penalty of perjury. (b) Issuance of Receipts. Whenever a license cannot be issued at the time the application for the same is made, the License Officer shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of the License Officer for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this Code. (c) Duplicate License Procedure. A duplicate license or special permit shall be issued by the License Officer to replace any license previously issued, which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon \[the filing by the licensee of an affidavit sworn to before a notary public or other oath-taking official of the State attesting to such fact and the paying\] payment to the License Officer of a fee of ten \[one\] dollars ($10.00). . . . (e) \[Disapproval of License. The License Officer shall, upon disapproving any application submitted under the provisions of this Chapter, refund all fees paid in advance to the applicant, provided that the applicant is not otherwise indebted to the City.\] Decision on Application. Acompleteapplication shallbeadministrativelyapproved or denied by the License Officer within thirty (30) days of the completed investigation of the application by the License Officer. The License Officer shall deny a license application if: (1) The application or any investigation demonstrates or establishes that the proposed Licensee or Licensed Premises fails to conform to any requirement of this Title, the Pueblo Municipal Code, or other applicable law; (2) The applicant knowingly made a false statement or knowingly gave false information in connection with the application; (3) The individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the Licensee or Licensed Premises, has had a license revoked or suspended in any jurisdiction within five (5) years prior to the application; (4) The individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the Licensee or Licensed Premises, has operated a Licensed Premises or Business that was determined at any time to be a public nuisance. (5) The applicant has outstanding fees, fines, liabilities, or other debts owed to the City. (6) Issuance of the actual license shall constitute approval of the application. The License Officer may, if deemed necessary, make a written finding that the application conforms to the requirements of this Title based on the information available and the investigation performed by the City or any additional findings as deemed necessary to identify the Director of Finance's basis for approval. (7) In the event the License Officer denies a license application: a The License Officer shall prepare written findings of fact stating the reasons or basis for the denial and serve the same upon the applicant by personal service, or certified mail, return receipt requested to the address of the applicant. b The applicant shall have the right to request a public hearing before the Hearings Officer. The applicant shall, within fourteen (14) days of the date of the denial of the license application, make a written request to the License Officer for a hearing. The License Officer shall forward the request for hearing to the Hearings Officer within two (2) business days. The hearing shall be conducted within forty- two (42) days of the receipt of the written request for a hearing unless a later date is requested by the applicant in writing. If the applicant fails to request a public hearing within the allotted time, the decision to deny a license application shall become final. All hearings shall be conducted pursuant to P.M.C. 9-1-14. c When the issuance of a license is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued to him or her pursuant to a judgment ordering the same. \[(f) Compliance Pending Legal Action. When the issuance of a license is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued to him or her pursuant to a judgment ordering the same.\] Sec. 9-1-7 Determination of license fee. (a) Fee Established. Unless otherwise specifically provided, license fees shall be in in the amounts established by the License Officer by Ordinance and published annually on te \[in the governing provisions of this Code, and as further determined under this Section\]. . . . (c) Rebate of Fee. (1) General Prohibition. Except as provided herein, no rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective. No rebate or refund shall be given upon the suspension or revocation of a license. . . . Sec. 9-1-9 Duties of Licensee. (a) General Standards of Conduct. Every licensee under this Code shall: (1) Permit all reasonable inspections of his or her business and examinations of his or her books by the License Officer, Inspector, or any other public authority \[authorities\] so authorized by law. (2) Ascertain and at all times comply with all laws and regulations applicable to such licensed business. (3) Comply with all lawful orders of any enforcing authority of the City, PPD, or any local, state, or federal regulatory agency \[or any police officer\] relating to the conduct of the licensed business. . . . Sec. 9-1-10. Reserved. Sec. 9-1-11 Renewal; fee; application. (a) Unless otherwise provided, any annual license may be renewed upon filing application for the same and payment of the annual license fee. A delinquent license may be renewed within thirty (30) days after becoming delinquent without payment of a delinquency fee. A delinquent license may be renewed more than thirty (30) days but less than ninety (90) days after becoming delinquent, upon the payment of a delinquency fee of one hundred percent (100%) of the annual license fee in addition to the annual license fee. The License Officer may \[shall\] suspend the license of any person or premises delinquent more than ninety (90) days. Upon suspension, the License Officer may require inspection of the business or premises by an Inspector or other regulatory agency to ensure compliance with all applicable local, state and federal laws and regulations prior to removal of the suspension and renewal of the license. \[, and such suspension shall remain in force\] A license shall remain suspended until Licensee has passed all required inspections and all annual fees and a delinquent fee of one hundred percent (100%) of the annual fee, and all other charges or debts owing to the City, shall have been paid in full. The License Officer may place reasonable conditions, requirements, or restrictions on any license renewed or reinstated after suspension that he or she deems necessary to ensure Licensee will comply with the requirements of this Code. . . . Sec. 9-1-12 Inspection; Enforcement. (a) Inspections. (1) Persons Authorized. The following persons are authorized to conduct inspections in the manner prescribed herein: a. License Officer and Inspectors. The License Officer, Inspectors, or any other enforcement official having duties to perform with reference to any licensee or business shall have authority to make all investigations reasonably necessary to the enforcement of this Title. Prior to any License being approved, denied, suspended, or renewed, the License Officer, Inspector, or other enforcement official having duties to perform with reference to any Licensee, Business, or Premises may inspect the Licensee, Business, or Premises for conformance with all applicable laws and all orders from the License Officer or Hearings Officer. b. \[Official Having Duties. The License Officer or any enforcement official shall have authority to order the inspection of licensees, their businesses and premises by any City employees having duties to perform with reference to such licensees or businesses. c.\] Police Officers. All police officers shall have authority to inspect and examine businesses to enforce compliance with this Code. (2) \[Authority of Inspectors.\] Right to Enter. All persons authorized to inspect \[l\]Licensees, \[and\] Licensed B\[b\]usinesses, or Premises shall have the authority to enter, with or without a search warrant, at all reasonable times, the following P\[p\]remises: a. Those for which a license is required. b. Those for which a license was issued and which, at the time of inspection, are operating under such a license. c. Those for which the license has been revoked or suspended. (3) Reports by Inspectors. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this Code or of other codes, laws or ordinances to the License Officer or the appropriate licensing board and shall submit such other reports as the License Officer or licensing board shall require. Any reports of the results of any investigation conducted by any designated Inspector, City department, or other enforcement official having duties to perform with reference to any Licensee, Business, or Premises shall be delivered by the respective Inspector, department, agency, or official to the License Officer not less than fourteen (14) days prior to the date of any hearing on the application, or if no hearing is pending within thirty-five (35) days of the date of the inspection. The License Officer shall provide the official report of any findings based on the inspection to the applicant. (b) Provisional Order. When an inspector has reported the violation of this code or of any code, law or ordinance, the License Officer or, where appropriate, the licensing board having jurisdiction over the licensee, shall issue to the affected person a provisional order to comply. (1) Nature of Notice. The provisional order and all other notices issued in compliance with this Title, unless otherwise provided, shall be in writing, shall be served as provided in Section 1-1-11 of this Code, and shall apprise the person affected of his or her specific violations. In addition to such service, a copy of such notice may be affixed to the principal entrance or to some prominent structure on the premises. (2) Period of Compliance. The provisional order shall require compliance within \[fifteen (15)\] fourteen (14) days of personal service on the affected person or posting of the notice on the Premises. (3) Hearing. Upon written application by the person affected before the expiration of the period for compliance, the License Officer or the appropriate licensing board shall within two (2) business days refer the matter to the Hearings Officer for \[order\] a hearing. \[Notice of such hearing shall be given the affected person in the manner prescribed.\] Upon failure or refusal of the violator affected to comply with the provisional order or request a hearing prior to the expiration of the period for compliance, the License Officer or appropriate licensing board shall then declare and make the provisional order final. (c) Modifying Authority of License Officer. Upon written application, or on his or her own motion, the License Officer or the appropriate licensing board shall have the authority, in a proper case, to extend the time for compliance with a provisional order or to \[, to grant a new hearing date and to\] change, modify or rescind any recommendation or order. \[(d) Final Order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after the hearing, the License Officer or the appropriate licensing board shall then declare and make the provisional order final. (1) Revocation or Suspension. The License Officer or the appropriate licensing board shall have power to suspend or revoke licenses upon making and declaring a provisional order final. (2) Effect of Revocation or Suspension. Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee, and he or she shall immediately cease all business at all places under such license. (e) Summary Action. When the conduct of any licensee, agent or employee is so inimically to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the License Officer or the appropriate licensing board shall have authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license. Unless waived by the licensee in writing, the License Officer or appropriate licensing board, within ten (10) days after he or she has acted summarily, shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed. (f) Right of Appeal. Except where otherwise provided, within thirty (30) days after the entry of any decision or order of the appropriate licensing board or Licensing Officer, where there is no provision for review by an appropriate board, any person aggrieved by such decision or order may seek to review the same in District Court. Review shall not be extended further than to determine whether the licensing board or the Licensing Officer has exceeded their jurisdiction or abused their discretion. Pending such appeal, all such rulings or decisions shall remain in full force and effect unless stayed by order of court. (g) Duration of Suspension or Revocation. No suspension shall be for a period longer than the balance of the calendar year for which the license is issued. As part of the order of suspension, the License Officer or the appropriate board or commission may declare the suspended person ineligible to be licensed for a portion of the next calendar year; provided that no order of suspension and ineligibility shall endure for a total period longer than a twelve-month period from the date of suspension. No person whose license has been revoked shall be eligible to reapply for a license in the same or a related business for a period of one (1) year following such revocation. (h) Unpaid Fee Constitutes Debt. (1) The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City. (2) The City Attorney, shall, at the direction of the License Officer institute civil suit in the name of the City to recover any such unpaid fee. Such remedy shall be cumulative and in addition to all other remedies and shall not bar or prevent a prosecution in Municipal Court for any violation of this Code.\] Sec. 9-1-13 License Revocation, Suspension or Nonrenewal. (a) The appropriate licensing board, License Officer, or Hearings Officer may suspend, revoke or not renew a license upon a finding of one or more of the following: (1) The Licensee has outstanding official orders from the License Officer, Pueblo Police Department, Pueblo Fire Department, Regional Building Department, the Pueblo City-County Health Department, or any other agency having duties to perform with reference to any Licensee, Business, or Premises. (2) A significant criminal act has occurred in the Business or on the Premises. (3) The operation of the Licensee, Business, or Premises is such that it is or has negatively impacted the health, safety and/or welfare of its patrons or neighboring businesses, residents, or community. (4) The Licensee, Business or Premises is delinquent to the City for any taxes imposed pursuant to Pueblo Municipal Code Title XIV. (5) An investigation performed by the City or License Officer demonstrates or establishes that the Licensee, Business, or Premises fails to conform to any requirement of this Chapter, the Pueblo Municipal Code, or other applicable law. (6) The applicant knowingly made a false statement or knowingly gave false information in connection with the application. (7) It determines that the individual applicant, or a director or officer of a corporation, partner of a partnership, manager of a limited liability company or manager of the Licensee, Business, or Premises has had a business license revoked or suspended within five (5) years prior to the application. (8) It determines that the individual applicant or a director or officer of a corporation, partner of a partnership, or manager of a limited liability company or manager of the Licensee, Business, or Premises has operated a licensed business that was determined to be a public nuisance; or (b) In the event an appropriate licensing board or License Officer revokes, suspends, or does not renew a license: (1) The appropriate licensing board or License Officer shall prepare written findings of fact stating the reasons or basis for the revocation, suspension or nonrenewal, and serve the same upon the applicant by personal service, or certified mail, return receipt requested to the address of the applicant. (2) The applicant shall have the right to request a public hearing before the Hearings Officer. The applicant shall, within fourteen (14) days of the date of the written findings by the licensing board or License Officer revoking, suspending or not renewing the license, make a written request to the License Officer for a hearing. The License Officer shall forward the request for hearing to the Hearings Officer within two (2) business days. The hearing shall be conducted within forty-two (42) days of the receipt of the written request for a hearing unless a later date is requested by the applicant in writing. If the applicant fails to request a public hearing within the allotted time, the decision of the licensing board or License Officer to revoke, suspend or not renew the license shall become final. All hearings shall be conducted pursuant to P.M.C. 9-1-14. (c) In the event the Hearings Officer affirms the decision of the licensing board or Licensing Officer, or revokes, suspends or does not renew a license, the person aggrieved by such decision or order may seek review by the District Court pursuant to C.R.C.P. 106(a)(4). (d) When the issuance of a license is revoked, suspended, or not renewed and any action is instituted by the applicant to compel its reinstatement or renewal, such applicant shall not engage in the business for which the license was affected unless a license is issued to him or her pursuant to a judgment ordering the same. (e) Summary Action. When the conduct of any licensee, agent or employee is so inimically to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the License Officer or the appropriate licensing board shall have authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license. Unless waived by the licensee in writing, the License Officer or appropriate licensing board, within two (2) business days after he or she has acted summarily, refer the matter to the Hearings Officer who shall conduct a hearing in respect to the summary order within twenty-one (21) days of the summary action. Notice of such hearing shall be given the affected person by personal service or certified mail, return receipt requested, and regular U.S. mail to the address provided on the License or last license application. (f) If the licensing board, License Officer or Hearings Officer finds a licensee to be in violation of any provision of this Title, and if it is the Licensee's first violation, the License Officer or Hearings Officer may, in an appropriate case, place the Licensee on a twelve (12) month probationary period and shall impose such mandatory restrictions on the licensee necessary to correct the deficiency or violation. (g) No suspension shall be for more than twelve months from the date of suspension. No person whose license has been revoked shall be eligible to reapply for a license in the same or a related business for a period of one (1) year following such revocation. Sec. 9-1-14. - Hearings. (a) Notice. Whenever a Hearing is requested or required under this Title, the Hearing Officer shall give the licensee reasonable advance notice of the time and place of the hearing, nature thereof, the authority and jurisdiction under which it is to be held and the violation(s) alleged in the complaint. The Hearing Officer or License Officer shall mail such notice to the licensee by first-class mail, certified mail return receipt requested, and regular U.S. Mail at least ten (10) days prior to the hearing. The License Officer shall prepare and post the Licensed Premises with a sign that contains notice of the hearing date, time and location. (b) Hearing Procedure. The Hearing Officer shall conduct all hearings pursuant to Title I, Chapter 7 of the Pueblo Municipal Code. The standard of proof shall be by a preponderance of the evidence. Sec. 9-1-15. Unlawful Acts; Penalties. (a) It is unlawful and a Class 1 municipal offense for any person, either directly or indirectly, to maintain or operate a Business, Licensee, or Premises without first obtaining a license from the License Officer. (b) It is unlawful for any person to maintain or operate a Licensee, Business or Premises in violation of the provisions of this Chapter. Sec. 9-1-16. Severability Should any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or application thereof to any person or circumstance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter, or its application to any other person or circumstance, and to this end, the provisions of this Chapter are declared to be severable. SECTION 2. Title IX, Section 5 of the Pueblo Municipal Code is hereby amended as follows: Sec. 9-5-1. \[License Required.\] Lodging Facility License \[It shall be unlawful to conduct, keep or maintain any hotel, rooming house or lodging houses by whatever name designated in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator, without obtaining a license therefor as hereinafter set forth; provided, however, that apartment houses and multiple dwellings shall not be required to be licensed hereunder. Such license shall be displayed in a conspicuous place within sight of the main entrance of the rooming house or lodging houses at all times. Such license shall not be transferable. Every person holding such a license shall give notice in writing to the City Clerk within twenty-four (24) hours after having sold, transferred, given away or otherwise disposed of ownership or interest in or control of any hotel, rooming house or lodging houses. Such notice shall include the name and address of the person succeeding to the ownership or control of such hotel, rooming house or lodging houses. The former owner shall not be relieved of responsibility until such notice if filed.\] Definitions. As used in this chapter, the following terms are defined as follows: (a) all calls to law enforcement that result in a representative being dispatched or directed to the lodging facility. (1) Calls for service includes: a. A call to emergency services that results in a response by a law enforcement representative to the lodging facility. b. Any police-initiated call for service to the lodging facility that results in a criminal report. c. Any call to emergency services or police-initiated call for service within the lodging facility's surrounding neighborhood regarding activity that results in a criminal report, when such activity is associated with lodging facility staff and/or lodging facility guests and/or visitors. (2) Calls for service shall not include traffic citations in which the lodging (b) "Calls for service ratio" means the number of calls for service divided by the number of rooms in service at the lodging facility. (c) lodging house, homeless shelter, or other similar facility that: (1) has lodging rooms; (2) is located within any commercial or mixed use zone district in the City; (3) accommodates one or more guests under any rental agreement, concession, permit, right of access, license to use or other agreement, whether written or verbal, where the rental period of any lodging room is less than thirty (30) consecutive days. (d) "Lodging room" means and includes any room, guestroom or sleeping accommodation that accommodates one or more guests. (e)"Owner" means anyperson that isthe record owner of realproperty aslisted with the Pueblo County Assessor upon which a lodging facility is located. "Owner" shall also mean any part owner, joint owner or lessor of the whole or part of the land or buildings situated on such real property. (f) "Operator" means any person who is the proprietor of a Lodging Facility, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, manager or mortgagee in possession thereof, or agent of any aforementioned, who offers and accepts payment for any lodging rooms, or board and lodging, and retains the right of access to, and control of, the lodging facility or lodging room. Sec. 9-5-2. \[- Fees.\] - License required. \[The license fee for conducting such a hotel, rooming house or lodging houses where not more than twenty (20) rooms are kept for rent shall be the sum of five dollars ($5.00) per year, and where more than twenty (20) rooms are kept for rent, the license fee therefor shall be the sum of ten dollars ($10.00) per year.\] (a) It shall be unlawful to conduct, keep, or maintain a Lodging Facility within the City of Pueblo without first obtaining a license therefor. Such license shall be displayed in a conspicuous place within sight of the main entrance of the Lodging Facility at all times. (b) All Lodging Facilities existing within the City shall apply or re-apply for a license within ninety (90) days of the effective date of this ordinance. All Lodging Facilities existing within the City upon the effective date of this ordinance that have, based on data provided by the Pueblo Police Department, with a Calls for Service Ratio of 1.89 or more during the previous twelve (12) month period shall meet with representatives from the PPD to discuss measures to mitigate criminal activity occurring on the lodging facility's premises. Such meeting shall occur before a lodging facility license is granted. Sec. 9-5-3. \[Application, approval of department heads; supervision; revocation.\] Application; Decision; Appeal. (a) \[Before any license is granted, an application shall be filed by the applicant with the License Officer containing such information as the License Officer shall require, including two (2) or more references as to the integrity and moral character of the applicant.\] All applicants for a license shall file an application with the License Officer pursuant to Section 9-1-6. The License Officer shall accept no application that is not complete in every detail. In addition to the information required in Section 9-1-6, no application for a Lodging Facility License shall be deemed complete unless accompanied by the following: (1) One or more statements as to whether: a. The applicant or any other individual listed pursuant to subsection (1) of this Section has: i. Previously operated, is currently operating, or has been employed at a lodging facility; or ii. Had a previous lodging facility license under this Chapter, or other lodging facility license ordinances, resolutions or other regulations from another city or county, denied, suspended or revoked, or declared a public nuisance, including the name and location of the business for which the license was denied, suspended, revoked; or declared a public nuisance, as well as the date of the denial, suspension, revocation or declaration as a public nuisance. b. The applicant or any other individuals listed pursuant to Subsection 3(b)(1) of this Section has been a partner in a partnership or an officer or director of a corporation or manager of a limited liability company of a business whose lodging facility license has previously been denied, suspended, revoked, or declared a public nuisance including the name and location of the business for which the license was denied, suspended, revoked, or declared a public nuisance as well as the date of the denial, suspension, revocation, or declaration as a public nuisance; and c. The applicant or any other individual listed pursuant to Subsection (3)(b)(1) of this Section holds any other licenses under this Chapter or other similar lodging facility license ordinances from another city or county and, if so, the names and locations of such other licensed businesses. (2) The location of the proposed lodging facility, including a legal description of the property, street address and telephone number; (3) The applicant's mailing address and residential address; (4) A floor plan of the lodging facility that specifies the number of rooms contained in the lodging facility. The floor plan need not be professionally prepared; (5) Certification that the proposed location complies with all requirements of the City zoning code; (6) Certification that the applicant and proposed location complies with all applicable building, fire, health and safety codes required by the Building Official of the Pueblo Regional Building Department, the Pueblo Fire Department, and the City-County Health Department. (7) Certification that the applicant has met and conferred with the PPD regarding criminal activity in and around the proposed location and developed a security plan and mitigation plan, as appropriate. (b) \[Such license or license renewal shall be issued upon payment of the license fee and upon certification of the Building Official of the Pueblo Regional Building Department, the Fire Chief and the Director of the City-county Health Department that the premises to be license or relicensed comply with existing applicable building, fire and safety codes, and the regulations enforced by the Health Department.\] Payment in full of City license and application fees and any other fees, fines, liabilities or other debts owed to the City. (c) \[Any person whose application for a permit to operate a rooming house has been denied may request in writing and shall be granted a hearing on the matter before the License Officer. Such hearing shall be held at such time and place as the License Officer shall direct, not to exceed ten (10) days following the date of filing such request for hearing. The decision of the License Officer shall be in writing, and shall state whether or not there is compliance with the laws of the State and this Code. Failure to comply with such laws shall be specifically stated; provided, however, that failure of the License Officer to state noncompliance with any law or Code shall not relieve the applicant from responsibility for compliance therewith.\] In addition to the basis set forth in Section 9-1-6, the License Officer may deny an application for a Lodging Facility License if the application is based upon the sale of an existing lodging facility, and the existing lodging facility's CFS ratio is at or above 1.89 calls for service per room, or the lodging facility has other compliance issues, in which case, the applicant must provide, as a prerequisite to being granted a license, a remedial plan to reduce the CFS ratio or resolve the other compliance issues. The applicant must reduce the CFS ratio or resolve the issues within 180 days after license is issued or be subject to license suspension or revocation. \[(d) Any license issued hereunder shall be subject to suspension or revocation in the event that the licensee has permitted his or her hotel or rooming house to become a fire, health or safety hazard to his or her customers or where he or she has permitted it to become either a nuisance, a place of prostitution, a place for gambling or a place for other activities or conditions prohibited by statute or ordinance, or has failed to comply with any provision of this Chapter. (e) Whenever upon inspection of any hotel, rooming house, lodging houses or boarding and rooming house, the License Officer finds that conditions or practices exist which are in violation of any provision of this Chapter or of any provision of the Housing Code or any rule or regulation adopted pursuant thereto, the License Officer shall take appropriate enforcement action in writing to the operator of such establishment to correct such conditions or practices as provided in Chapter 1 of this Title. (f) It shall be unlawful for any person to occupy for sleeping or living purposes any rooming unit in any hotel, rooming house or lodging houses of which the license has been suspended or revoked.\] Sec. 9-5-4. \[Registration book required; contents; inspection; exceptions\]License Fee. \[It shall be the duty of every person keeping a hotel, rooming house, lodging houses or boarding and rooming house, either as principal or by an agent, within the City, to keep at the place where such business is carried on a record or register of the name, address, date of arrival, date of departure and number or other description of the room occupied, of all roomers, lodgers, transients and other persons rooming, lodging or boarding and rooming at such hotel, rooming house, lodging houses or boarding and rooming house; such record shall be kept legible and maintained at all hours. The provisions of this Section shall not apply to private residents keeping permanent roomers.\] The City shall impose a Lodging Facility licensing fee of $100 per year, which may be amended by City Council by resolution, necessary to defray the costs of investigation, inspection, and processing the documentation of the activities of lodging facilities as allowed by law: Sec. 9-5-5. - Manager; Change; Registration Book. (a) A registered Manager shall be on the premises of a lodging facility at all times. A lodging facility may have more than one registered Manager. It is unlawful for any person to work as a Manager of a lodging facility without first registering with the License Officer. (b)IntheeventaLicenseechanges theManagerofaLodgingFacility, the Licensee shall immediately report such change and register the new Manager, on forms provided by the License Officer, within thirty (30) days of such change. (c) It shall be the duty of the registered Manager to keep at all times on the premises of the Lodging Facility a record or register address, date of arrival, date of departure, and number or other description of the room occupied, of all roomers, lodgers, transients, and other persons rooming, lodging or boarding, and rooming at such Lodging Facility. Such Register Book shall be kept legible, maintained at all hours, and made available for inspection by the License Officer, or their designee, or Inspector upon request. Sec. 9-5-6. - Transferability; Change of ownership. (a) No License under this Chapter shall be transferable to another person or any other group acting as a unit. (b) No License under this Chapter shall be transferred to another hotel name or franchise, or hotel location or building. Sec. 9-5-7. Partial Operation. No Lodging Facility shall operate, and no license shall be granted to it unless and until the entire facility is operational and able to be occupied for its intended purpose. Notwithstanding the foregoing, if a portion of an existing licensed Lodging Facility shall become uninhabitable due to fire, water, or other event, the hotel may continue operating the unaffected Lodging Rooms and common areas so long as operation is deemed safe by the Finance Director, PPD, the Fire Chief, the Regional Building Department, and the City-County Health Department, and the Lodging Facility is actively repairing the damaged claim, hiring of licensed contractors, retention of architects or engineers, and obtaining building permits. Failure to progress or complete repairs within a reasonable amount of time shall be justification to suspend, revoke, or deny a license. Sec. 9-5-8. Extended Stay. No Lodging Facility shall allow anyone to rent, use, access a Lodging Room for more than 30 consecutive days unless the Lodging Facility is designated by the Regional codes. Sec. 9-5-9. Unlawful Acts; Penalties. (a) In addition to acts set forth in Section 9-1-15 of this Code, it shall be unlawful for any person: (1) To occupy for sleeping or living purposes any Lodging Room in a Lodging Facility that does not have a license or for which the license has been suspended or revoked. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 12, 2024. Final adoption of Ordinance by City Council on August 26, 2024. President of City Council Action by the Mayor: Approved on . 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 _______ President of City Council ATTEST Deputy City Clerk