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Title 1 - General Provisions
Title 2 - Administration and Personnel
Title 3 - Revenue and Finance
Title 4 - Personnel Policies
Title 5 - Business Licenses and Regulations
Chapter 5.05 - Shopping Carts
Chapter 5.06 - Non-cigarette Tobacco Retailer Licensing
Chapter 5.08 - Christmas Tree Sales
Chapter 5.20 - Fireworks Permits-Sale and Display
Chapter 5.24 - Pawnbrokers
Chapter 5.25 - Crematories
Chapter 5.26 - Concrete and Asphalt Plants
Chapter 5.28 - Solicitors and Peddlers
Chapter 5.29 - Commercial Waste Haulers
Chapter 5.32 - Utilities B and O Tax
Chapter 5.38 - Lakewood Liquor Licensing Authority
Chapter 5.41 - Non Alcoholic Dance Clubs
Chapter 5.44 - Cable Systems
Chapter 5.47 - Adult Businesses
Chapter 5.48 - Alarm Systems
Chapter 5.50 - Electric and Gas Franchise
Chapter 5.51 - Medical Marijuana
Chapter 5.52 - Massage Parlors
Chapter 5.53 - Escort Services
Chapter 5.54 - Nongovernmental Residential Facilities for the Treatment or Supervision...
Chapter 5.56 - Lodging Facility License
Title 6 - Animals
Title 7 - Reserved
Title 8 - Health and Sanitation
Title 9 - Public Peace and Safety
Title 10 - Vehicles and Traffic
Title 11 - Reserved
Title 12 - Streets and Sidewalks
Title 13 - Water and Sewers
Title 14 - Buildings and Construction
Title 15 - Housing Code
Title 16 - Subdivisions
Title 17 - Zoning
Title 18 - Minerals
Codes and Laws
Title 5 - Business Licenses and Regulations
Title 5 - Business Licenses and Regulations
Title 5 - Business Licenses and Regulations
Chapter 5.05 - Shopping Carts
5.05.010 Intent and Purpose
The City Council of the City of Lakewood hereby finds that Abandoned Shopping Carts are unsightly, interfere with traffic, promote blight, cause unnecessary expense to Lakewood businesses and consequently Lakewood consumers, and are detrimental to the public health, safety and welfare. The purpose of this Article is to promote the public health, safety and welfare, to ensure Abandoned Shopping Carts are retrieved from Public Property throughout the City in a timely fashion and returned to their Owners, and to avoid unnecessary burdens on the Lakewood community, businesses and customers due to Shopping Carts being taken from Owners’ Premises and due to Abandoned Shopping Carts. (Ord. O-2018-7; §1, 2018).
As used in this Article, the following terms, phrases and words shall have the following meanings:
Abandoned Shopping Cart means any Shopping Cart which has been removed from the Premises of the Owner of the Shopping Cart without the Owner’s written consent and is located on Public Property; provided that any Shopping Cart that is removed from such Premises for purposes of repair or maintenance and that is in the possession or custody of the party to whom it has been released by the Owner, shall not be deemed an Abandoned Shopping Cart. Notwithstanding the foregoing definition, any Shopping Cart containing or being used to transport a person’s personal property, shall not be deemed an Abandoned Shopping Cart.
Abandoned Shopping Cart Retrieval Service means routine return to Owners or impoundment of Abandoned Shopping Carts.
City means the City of Lakewood Colorado.
City Council means the city council of the City.
City Manager means the city manager of the City, or the city manager’s designees, including but not limited to all City employees and any independent contractor authorized or engaged by the City to provide Abandoned Shopping Cart Retrieval Services.
Owner means the person, firm, partnership, corporation, association or other entity who or which owns or otherwise exercises possession and control over Shopping Carts for the use of the Owner’s customers in connection with the management and operation of the Owner’s business enterprise, including any officer, employee or agent of said person, firm, partnership, corporation, association or entity. This Article shall apply to all such Owners who own, possess, control or operate a business entity within the City or, if that business entity is located outside the City, whose Shopping Carts are used or found abandoned in the City.
Premises means the entire area owned and/or utilized by the business establishment that provides Shopping Carts and/or used by such business establishment’s customers, including any parking lot or other area provided by or for an Owner for use by a customer for parking an automobile or other vehicle.
Public Property means:
a. Property owned or controlled by the City, any special district formed pursuant to Title 32 of the Colorado Revised Statutes, or the State of Colorado, and
b. The outdoor common area of any building, business, apartment building or complex, or portion thereof which is adjacent to Public Property as defined in a., is open to the public, and contains an Abandoned Shopping Cart visible at street or ground level from adjacent Public Property.
Shopping Cart means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind whether manually, electrically or otherwise propelled including a laundry cart. (Ord. O-2018-7; §1, 2018).
5.05.030 Shopping Cart Abandonment Prohibited
No person who, having a Shopping Cart in his or her possession or custody, shall leave or permit to be left said Shopping Cart upon any sidewalk, street, ditch or other Public Property, or upon any private property, such that it becomes an Abandoned Shopping Cart. (Ord. O-2018-7; §1, 2018).
5.05.040 Owner Registration Required to Use Shopping Carts
Every Owner shall register with the City each of its business locations within the City prior to utilizing Shopping Carts at such location. Owners that are already utilizing Shopping Carts at any business location within the City shall register each business location as soon as practicable after adoption of this Ordinance, and in any case no more than 60 calendar days after the effective date of this Ordinance. Said registration shall include the Owner’s contact information; the Owner’s acknowledgement of the content of this article including applicable administrative regulations, costs, fees and potential penalties; the Owner’s acceptance or rejection of an agreement to receive the Owner’s Abandoned Carts directly from the City’s Abandoned Shopping Cart Retrieval Service; and the Owner’s acknowledgement of the area determined by the City Manager within which the Owner must retrieve its Shopping Carts. (Ord. O-2018-7; §1, 2018).
5.05.050 Owner Responsibility for Identification on Shopping Carts
Every Owner shall permanently affix to each of its Shopping Carts a weatherproof, permanent sign that identifies the Owner of the Shopping Cart as recorded on the Owner’s Shopping Cart registration required in 5.05.040. (Ord. O-2018-7; §1, 2018).
5.05.060 Owner Responsibility to Manage Shopping Carts
Every Owner shall regularly retrieve its Shopping Carts from the exterior areas of the Owner’s Premises and from the area between the Owner’s Premises and the street pavement within public rights-of-way contiguous with the Owner’s Premises. Such retrieval shall also occur at least once during the 45 minutes after each daily store closing.
In addition, every Owner shall retrieve its Abandoned Shopping Carts from transit stops identified by the City Manager at least once between 5 AM and 11 AM and at least once between 3 PM and midnight. The City Manager’s determination from which transit stops, if any, an Owner must retrieve its Shopping Carts shall include, but not be limited to, consideration of historical information of the locations and quantity of an Owner’s Abandoned Shopping Carts, the transit stop’s proximity to the Owner’s Premises, and utilization rates of the transit stop by transit riders.
All Shopping Carts retrieved pursuant to this section shall be returned to the interior of the Owner’s building or to a permanent outdoor Shopping Cart storage facility attached to the Owner’s building. At all times that the business is closed, all Shopping Carts shall be inside of a locked building or locked to a permanent outdoor Shopping Cart storage facility attached to the Owner’s building. (Ord. O-2018-7; §1, 2018).
5.05.070 Abandoned Shopping Carts Retrieval Service and Impoundment
The City shall provide an Abandoned Shopping Cart Retrieval Service, which shall include impoundment of Abandoned Shopping Carts. The City Manager shall give actual notice to the Owner of each impounded Shopping Cart. Such notice shall be via any one of the Owner’s contact information options on the Owner’s Shopping Cart registration.
The Owner of any Abandoned Shopping Cart impounded by the City shall reclaim said cart within 30 calendar days of actual notice from the City. Said Owner shall pay all costs and fees of such impoundment.
All costs and fees shall be due within 30 calendar days of billing and shall accrue interest after the due date. If not paid within 30 calendar days of billing, such amount shall be subject to collection by any lawful method including, but not limited to, the amount owed being certified to the Treasurer of Jefferson County Colorado as an assessment on and a lien against the property of the Owner. Such amount shall include interest and an additional fee for administration and filing costs of the lien. The assessment shall be collected in the same manner as a real estate tax upon a property and shall have priority over other liens except general taxes and prior special assessments.
Any Abandoned Shopping Cart:
a. impounded by the City that is not reclaimed by the Owner within thirty (30) calendar days of the date of receipt of actual notice as provided herein or
b. the Owner of which is not identifiable from Shopping Cart Owner registrations,
may be sold, donated, recycled or disposed of as determined by the City Manager. Such action by the City Manager shall not relieve the Owner of its obligation to pay costs and fees. (Ord. O-2018-7; §1, 2018).
5.05.080 Alternative: Owner Agreement with the City's Cart Retrieval Contractor
The City may offer to any Owner an agreement between said Owner and the operator of the City’s Abandoned Shopping Cart Retrieval Service. If offered, each Owner shall explicitly accept or reject said agreement. Such agreement shall provide that the Owner would:
a. receive its retrieved Abandoned Shopping Carts directly from the operator of the City’s Abandoned Shopping Cart Retrieval Service,
b. directly compensate the operator of the Abandoned Shopping Cart Retrieval Service,
c. not have said Abandoned Shopping Carts subject to impoundment, and
d. not be obligated to pay to the City the costs and fees associated with impoundment. (Ord. O-2018-7; §1, 2018).
5.05.090 Alternative: Retrieval Proposals
Any Owner may propose to the City Manager an alternative Abandoned Shopping Cart Retrieval Service. The City Manager shall evaluate such proposal and, if reasonably expected by the City Manager to provide Abandoned Shopping Cart Retrieval Service comparable to or better than the City’s program, may approve said alternative. Said alternative shall include measureable standards of success; record keeping and reporting adequate to measure the alternative’s on-going success; reasonable efforts to include other Owners; and, upon the City Manager’s determination that the alternative is not successful, provisions to improve the alternative and provisions to reinstate the City’s Abandoned Shopping Cart Retrieval Service.
Nothing herein obligates the City Manager to approve an alternative Abandoned Shopping Cart Retrieval Service; however, such alternatives are encouraged and desirable to the extent they are successful and do not unduly compromise the City’s Abandoned Shopping Cart Retrieval Service, including reducing efficiency such that costs to remaining users of the City’s Abandoned Shopping Cart Retrieval Service become unreasonable as determined by the City Manager. (Ord. O-2018-7; §1, 2018).
5.05.100 Administration and Enforcement
This Article shall be administered and enforced by the City Manager. The City Manager is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for administration and enforcement of this Article.
The City Manager is hereby authorized to enter into, on or upon any Public Property to examine a Shopping Cart or parts thereof, to obtain information as to the identity of the Owner of any Shopping Cart, to retrieve Abandoned Shopping Carts and to impound Abandoned Shopping Carts in accordance with the provisions of this Article. Nothing contained in this Article shall be deemed to limit the City Manager from entering private property pursuant to permission from the Owner or occupant thereof.
The City Manager is hereby authorized and directed to establish fees necessary or appropriate for administration of this Article. (Ord. O-2018-7; §1, 2018).
The penalty for a violation of any provision of this chapter shall be as set forth in Section 1.16.020. (Ord. O-2018-7; §1, 2018).
5.05.120 Cumulative Effect
The provisions of this Article are cumulative and in addition to any and all other procedures or remedies provided in ordinances of the City or by state law for the abatement of, or prosecutions for, nuisances. Proceedings for abatement pursuant to this part shall not prejudice or affect any other action, whether civil, criminal, equitable or administrative, for abatement or other remedy of such conditions. Nothing contained herein shall be deemed to invalidate, supersede, or render ineffective any other provision of any ordinance of the City. Neither the inclusion, nor the failure to include, under the terms of this Article, any act or condition otherwise in violation of any provision of this code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful. (Ord. O-2018-7; §1, 2018).
Chapter 5.06 - Non-cigarette Tobacco Retailer Licensing
5.06.010 Legislative Intent
It is the intent of the City Council of the City of Lakewood (“City”) in enacting this chapter to prohibit sales of non-cigarette tobacco products to youth, to encourage responsible tobacco retailing, and to reduce the impact of tobacco product use by young people in Lakewood, pursuant to C.R.S. Section 18-13-121. (Ord. O-2019-1 § 1, 2019).
The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
“Application” means an application for a license issued pursuant to this chapter.
“Cigarette” means any tobacco or nicotine product intended to be burned or heated and smoked. The term includes loose tobacco or nicotine products that may be smoked through use of a non-electronic pipe or is “roll-your-own,” i.e., any tobacco that, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes.
“City Manager” means the City Manager of the City of Lakewood and any agency or person designated by him/her to enforce or administer the provisions of this Chapter.
“License” refers to the non-cigarette tobacco product retailer license.
“Licensee means” the owner or holder of a non-cigarette tobacco product retailer license and shall include the employees, agents and officers thereof, as appropriate.
“Licensed premises” means any area of the premises where non-cigarette tobacco products are authorized to be sold or distributed to a consumer including, but not limited to, the grounds occupied by a retailer and any store, stand, outlet, location or structure where non-cigarette tobacco products are sold, as designated in the approved license application.
“LPD” means the City of Lakewood Police Department.
“Non-cigarette tobacco product” means and includes any product, other than a cigarette, that contains tobacco or nicotine or is made or derived from tobacco and is intended or expected to be ingested, smoked, inhaled, placed in oral or nasal cavities, or applied to the skin of an individual, including hookah or shishah, as well as electronic devices that can be used to deliver nicotine or tobacco to the person using the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe. The term “non-cigarette tobacco product” does not include any product specifically approved by the United States Food and Drug Administration for use in reducing, treating or eliminating nicotine or tobacco dependence, or for other medical purposes, when such product(s) is being marketed and sold solely for such an approved purpose.
“Non-cigarette tobacco product retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, a non-cigarette tobacco product.
“Non-cigarette tobacco product retailing” means the selling, offering for sale, or exchanging for any form of consideration a non-cigarette tobacco product.
“Person” means an individual or entity.
“School” means any private daycare, elementary school, middle school or high school.
“Self-service display” means any display or storage of non-cigarette tobacco products for purchase, whereby a customer may reach or procure such products prior to age verification by a licensee. (Ord. O-2019-1 § 1, 2019).
5.06.030 License Required
A. Non-cigarette tobacco product retailer license required.
1. It is unlawful for any person to act as a non-cigarette tobacco product retailer in the City of Lakewood without first obtaining and maintaining a valid license pursuant to this Chapter for each location where non-cigarette tobacco product retailing occurs.
2. No license shall be issued to authorize non-cigarette tobacco product retailing anywhere other than at the fixed location designated in the license application and approved license. Non-cigarette tobacco product retailing from vehicles is prohibited.
3. Except as provided in this subparagraph, no license shall be issued to authorize non-cigarette product retailing within 500 feet of a school, as measured by a straight line from the nearest point of the property line of the site of the school to the nearest point of the property line of the site of the business premises proposed for licensure. Notwithstanding the foregoing, a non-cigarette tobacco product retailer holding a valid license on the effective date of this chapter shall be exempt from the 500-foot prohibition set forth in this subsection.
4. A licensed premises shall have only one active license at any one time.
5. Non-cigarette tobacco retailing without a valid license is a nuisance as a matter of law.
B. Display of license. Each license shall be prominently displayed in a publicly visible location at the licensed premises.
1. No person shall apply for a new license for a one-year period after a license held by such person has been revoked.
2. No license shall be issued to any natural person under 18 years of age.
(Ord. O-2019-1 § 1, 2019).
A. Positive Identification Required. No licensee shall sell or transfer a non-cigarette tobacco product without first examining the identification of the recipient to confirm the recipient is at least the minimum age under state and local law to purchase and possess the non-cigarette tobacco product.
B. Minimum age for persons handling non-cigarette tobacco products. Licensees shall not allow, permit or require any person younger than the age of 18 years to sell, stock, retrieve or otherwise handle non-cigarette tobacco products.
C. Self-service displays prohibited. No licensee shall provide or permit a self-service display in areas or on premises under the licensee’s ownership or control. This prohibition does not apply to Tobacco businesses and Tobacco bars with age restrictions as defined by Chapter 9.38 of the Lakewood Municipal Code. (Ord. O-2019-1 § 1, 2019).
5.06.050 Application Procedure
A. Applications shall be submitted and signed by an individual authorized by the person making application.
B. All applications shall be submitted on a form supplied by the City Clerk.
C. All applications shall be accompanied by payment in full of all fees required in this chapter.
D. Applicants and licensees shall inform the City Clerk in writing of any change in the information submitted on an application within 30 calendar days of a change.
(Ord. O-2019-1 § 1, 2019).
5.06.060 License Issuance, Denial
A. Upon the receipt of a completed application and all required fees, the City Clerk shall issue a license within 30 days, which period may be extended by the City Clerk for good cause, unless credible evidence indicates that one or more of the following bases for denial exists:
1. The information presented in the application is incomplete, inaccurate or false.
2. The applicant seeks a license for a location prohibited under this chapter;
3. The applicant seeks a license for a location not appropriately zoned for the use;
4. The proposed location for the license is not otherwise in compliance with all city, state or federal laws that pertain to the proposed use; or
5. The applicant is not qualified under this chapter to hold a license.
B. If the City Clerk denies issuance of a license, the City Clerk shall notify the applicant in writing by regular mail, postage prepaid, to the address shown in the application. The notice of denial shall include the grounds for the denial. Notice is deemed to have been properly given upon mailing. (Ord. O-2019-1 § 1, 2019).
5.06.070 Appeal of License Denial
A. An applicant has the right to appeal the City Clerk’s denial of a license to a hearing officer designated by the City Manager. Such appeal shall be initiated by submitting a to the City Clerk, within 20 days of the date of the notice of denial, written request for a hearing.
B. Failure to timely appeal a denial is a waiver of the applicant’s right to contest the denial. (Ord. O-2019-1 § 1, 2019).
5.06.080 License Term; Renewal; Expiration
A. Term. A license shall be valid for a term of one year. A license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired.
B. Renewal. A licensee shall apply for the renewal of a license and submit the renewal license fee no later than 30 days prior to expiration of the existing term. The City Clerk shall renew the license prior to the end of the term, provided that the renewal application and fee were timely submitted and the City Clerk is not aware of any fact that would have prevented issuance of the original license.
C. Expiration. A license not timely renewed shall expire at the end of its term. The failure to timely renew a license requires submission of a new application. The licensee is prohibited from selling any non-cigarette tobacco products after a license has expired, and before a new license is issued. (Ord. O-2019-1 § 1, 2019).
5.06.090 License Transfer
A. A license may be transferred from one person to another so long as the transferee qualifies as a non-cigarette tobacco product retailer and is operating in the same location as the prior licensee.
B. When a license is transferred, the transferee must apply for a license transfer using the process provided in this Chapter 5.06. Any applicable exemption pursuant to section 5.06.030(a)(3) shall continue to apply in case of new ownership and transfer of license.
C. When a license has been issued to a spouse, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license for the remainder of the term of that license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license term. (Ord. O-2019-1 § 1, 2019).
5.06.100 License Fee
A. The fee to issue or to renew a license shall be established from time to time by resolution of the City Council.
B. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the license program, licensee education and training, licensee inspections, compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the estimated cost of the regulatory program authorized by this chapter. Fees are nonrefundable except as may be required by law.
C. Fees shall be assessed and collected on new applications and license renewals. Fees may also be assessed for any re-inspection of licensees found in violation of the provisions of this chapter. (Ord. O-2019-1 § 1, 2019).
5.06.110 Compliance Monitoring
A. LPD and the City Clerk shall monitor compliance under this chapter, as the Clerk and LPD deem appropriate. The City Clerk shall also conduct licensee inspections on an annual basis.
B. Additional compliance checks shall be conducted as LPD deems appropriate so as to allow LPD to determine, at a minimum, whether the non-cigarette tobacco product retailer is conducting business in a manner that complies with laws regulating access to non-cigarette tobacco products. When LPD deems appropriate, the compliance checks may determine compliance with other laws applicable to non-cigarette tobacco products. LPD shall have the discretion to consider the previous compliance check history of a licensee in determining how frequently to conduct compliance checks with respect to individual licensees.
C. Nothing in this paragraph shall create a right of action in any licensee or other person against the City or its agents and officers.
D. LPD shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person’s age if the potential violation occurs when:
1. The person is participating in a compliance check supervised by a police agent or a City code enforcement official; or
2. The person is acting as an agent of a person designated by the City to monitor compliance with this Chapter. (Ord. O-2019-1 § 1, 2019).
5.06.120 Suspension or Revocation
A. The following constitute grounds for suspension or revocation of a license:
1. A violation by a licensee, or its officers, agents or employees, of any provision of this chapter, or any state or local laws, relating to the sale or furnishing of tobacco or cigarettes to minors, or the storage or display of cigarettes or tobacco products, including, without limitation, C.R.S. 18-13-121 or C.R.S. 44-7-103;
2. Violation of any condition or sanction imposed by the City Clerk or hearing officer in connection with the issuance or renewal of a license;
3. Failure to pay state or local taxes related to the operation of the business associated with the license;
4. Loss of right to possession to the licensed premises;
5. Fraud, misrepresentation or a false statement of material fact contained in the original, or any renewal, application.
B. The City Manager shall appoint a hearing officer to hear all actions relating to the suspension or revocation of licenses pursuant to this chapter. The hearing officer is authorized to impose remedial sanctions for violations.
C. The City shall commence suspension or revocation proceedings by petitioning the hearing officer to issue an order to the licensee to show cause why the license(s) should not be suspended or revoked. The hearing officer shall issue an order to show cause if the petition demonstrates that probable cause exists to determine one or more grounds exist pursuant to subsection A to suspend or revoke the license. The order to show cause shall set the matter for a public hearing before the hearing officer.
D. The City Clerk shall give notice of the public hearing no later than 30 days prior to the hearing by mailing the same in writing to the licensee at the address contained in the license. At the hearing, the licensee shall have the opportunity to be heard, to present evidence and witnesses, and to cross examine witnesses presented by the City. The hearing officer is authorized to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing the hearing officer is authorized to conduct. The standard of proof at such hearings shall be a preponderance of the evidence. The burden of proof shall be upon the City.
E. In determining whether a license should by suspended or revoked, and in determining whether to impose conditions and/or sanctions in the event of a suspension, the hearing officer shall consider the following factors:
1. The nature and circumstances of the violation;
2. Corrective action, if any, taken by the licensee;
3. Prior violations, if any, by the licensee;
4. The likelihood of recurrence of the violation;
5. Whether the violation was willful;
6. Previous sanctions, if any, imposed on the licensee.
F. The hearing officer shall consider the following non-binding guidelines in determining whether to suspend or revoke a license and, in the case of a suspension, the length of the suspension. The purpose of these guidelines to provide consistent treatment of violations of this chapter. The actual sanction imposed upon a licensee for any violation may vary from the guidelines when warranted by the specific facts and circumstances of the case. The decision of the hearing officer with respect to the suspension or revocation shall constitute a final administrative action by the City.
1. For a first offense within a three-year period: license suspension for seven days.
2. For a second offense within a three-year period: license suspension for 30 days.
3. For a third or subsequent offense within a three-year period: license revocation.
(Ord. O-2019-1 § 1, 2019).
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is unlawful and shall cause the offender to be subject to the general penalty provisions of the Lakewood Municipal Code.
C. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. O-2019-1 § 1, 2019).
5.06.140 Compliance with C.R.S. Section 39-22-623
This chapter is not and shall not be construed in any way as imposing a fee, license or tax as a condition for engaging in the business of selling cigarettes or imposing a tax on cigarettes. The non-cigarette tobacco product retailer license in no way applies to the sale of cigarettes. If any part of this chapter is found to impose a fee, license or tax as a condition for engaging in the business of selling cigarettes, then that part shall be deemed void. (Ord. O-2019-1 § 1, 2019).
Chapter 5.08 - Christmas Tree Sales
It is unlawful for any person, firm or corporation, except one operating a retail nursery, as defined in Section 5.08.180, to sell or engage in the business of selling severed fir or evergreen trees (commonly called Christmas trees) at retail or wholesale, in the city without first obtaining a license therefor as provided in this chapter. (Ord. O-84-125 § 1, 1984: Ord. O-70-117 § 1, 1970).
Any person, firm or corporation desiring a license to sell severed fir or evergreen trees within the city shall make application therefor to the City Clerk upon an application form to be furnished by the Clerk, and each such application shall be accompanied by a nonrefundable application fee in the amount of fifty dollars. Each application shall contain the following information, as well as such additional information as may be required by the City Clerk:
A. Applicant's name, address and telephone number;
B. The location and description of the premises where the said trees are to be offered for sale;
C. The name of the owner (or lessee) of the property where the trees are to be offered for sale;
D. Such other, further and additional information as may be required by the City Clerk. (Ord. O-81-19 § 2, 1981: Ord. O-70-117 § 2, 1970).
5.08.030 Letter to accompany application
Each such application shall also be accompanied by a letter, contract or lease from the property owner or lessee of the premises where the sales are to be conducted, granting the use of the premises and permission to use the same. (Ord. O-70-117 § 3, 1970).
5.08.040 Investigation upon receipt of application
The City Clerk shall refer the application to the Department of Planning, Permits and Public Works, which shall advise the Clerk as to whether the premises are properly zoned and have sufficient setback space for the sales proposed to be made. (Ord. O-91-59 § 4, 1991; Ord. O-70-117 § 4, 1970).
5.08.050 Issuance of license-Fee
If the City Clerk receives a report from the Department of Planning, Permits and Public Works that the zoning and space available for setback on the premises is appropriate for the sale of Christmas trees, and if the application is otherwise in order and the application fee has been paid, the City Clerk shall issue a Christmas tree sales license to the applicant for sales to be made at the location described in the application upon the payment of an additional fifty dollars as a license fee, and the deposit of fifty dollars in cash, or by certified check, cashier's check or money order. (Ord. O-91-59 § 4 (part), 1991; Ord. O-81-19 § 3, 1981: Ord. O-70-117 § 5, 1970).
5.08.060 Separate license for each location
A separate license shall be required for each location designated by the applicant where trees are to be offered for sale. (Ord. O-70-117 § 6, 1970).
5.08.070 Transfer prohibited
No license issued under this chapter shall be transferred from one firm, person or corporation or location to another firm, person, corporation or location. (Ord. O-70-117 § 7, 1970).
5.08.080 Term of license
The license shall be issued to be effective beginning the day following Thanksgiving and shall expire as of December 31st of each year. (Ord. O-93-64 § 1, 1993: Ord. O-70-117 § 8, 1970).
5.08.090 Licensee's additional rights
Any person holding a license to sell trees as aforesaid shall also have the right to sell foliage therefrom or parts of fir or evergreen trees without securing a separate license. (Ord. O-70-117 § 9, 1970).
5.08.100 Electrical wiring
All electrical wiring at each location shall conform with the requirements of the city building code (Chapters 14.02 and 14.06), and must be installed by a registered electrical contractor. The building official shall not issue a permit for electrical installation at a location for the sale of Christmas trees without a showing that a Christmas tree license has been issued for such location, where such license is required. (Ord. O-93-64 § 2, 1993: Ord. O-70-117 § 10, 1970).
5.08.110 Buildings to conform to building code
All buildings moved onto or constructed upon any Christmas tree sales lot shall in all respects conform to the requirements of the building code of the city or such regulations as may be promulgated by the Building Official. (Ord. O-70-117 § 11, 1970).
5.08.120 Posting license
The Christmas tree sales license for each location must be posted in a conspicuous place at each location at all times. (Ord. O-70-117 § 12, 1970).
5.08.130 Return of deposit
The deposit of each applicant for each location will be returned in the event that all debris, trees, temporary buildings, and trash have been removed from the location and all sales taxes have been paid in full on or before January 15th of the year succeeding the year in which sales are made. In the event of failure to remove such debris, trees, temporary buildings, or trash, or to pay all sales taxes in full, the deposit will be forfeited. (Ord. O-93-64 § 3, 1993: Ord. O-70-117 § 13, 1970).
No fence, wiring, Christmas trees, stands, tents or structures shall be located on any lot or premises unless there is at least a twenty-foot setback from the curb line of the street or streets facing the same. No license shall be issued for any location where such setback is physically impossible. (Ord. O-70-117 § 15, 1970).
5.08.150 Time for application
No application shall be accepted in any year prior to the first of November, or after the fifteenth day of December. (Ord. O-70-117 § 16, 1970).
If it appears to the City Clerk during the existence of any license authorized in this chapter that a licensee or its agents, servants or representatives are in any way violating any of the ordinances of the city or the terms of the license, the City Clerk may issue a cease and desist order, and may summarily suspend the license of the licensee if there is not compliance with such cease and desist order within twenty-four hours after the service thereof. Notice and opportunity for hearing shall be afforded to such licensee within one business day following the date of suspension. The clerk may revoke any license following such hearing if it appears that there has been any such violation and failure to comply with a cease and desist order. (Ord. O-70-117 § 17, 1970).
5.08.170 False statements in application
The making of any false statement in the application of any licensee is unlawful, and is good cause for the revocation of the license of such licensee. (Ord. O-70-117 § 18, 1970).
5.08.180 Retail nursery defined
A "retail nursery" is any person, firm or corporation which sells nursery stock, not limited to the sale of fir or evergreen trees. (Ord. O-93-64 § 4, 1993: Ord. O-84-125 § 2, 1984).
Chapter 5.20 - Fireworks Permits-Sale and Display
As used in this chapter unless the context otherwise requires:
"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, sky lanterns, Roman candles, dayglo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.
"Manufacturer" includes any wholesaler and any person who manufactures, makes, constructs or produces any fireworks article or device.
"Person" includes an individual, partnership, firm, company, association or corporation.
"Retailer" includes any person who sells, delivers, consigns or furnishes fireworks to another person not for resale.
"Wholesaler" includes any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale. (Ord. O-2013-11 § 1, 2013; Ord. O-86-7 § 2, 1986; Ord. O-81-78 § 2, 1981; Ord. O-74-38 § 1 (part), 1974).
5.20.020 Unlawful to sell or use fireworks
Except as provided in Sections 5.20.030 and 5.20.040, it is unlawful in the city for any person to:
A. Use or explode any fireworks; or
B. Offer for sale, expose for sale or sell any fireworks; or
C. Have fireworks in his possession with intent to offer the same for sale. (Ord. O-74-38 § 1 (part), 1974).
This chapter shall not be construed to prohibit:
A. Any person, including a manufacturer, who has first obtained a license to sell display fireworks in accordance with the provisions of this chapter, from offering for sale, exposing for sale, selling and having in his possession with intent to offer for sale, or sell display fireworks to any municipality, fair association, amusement park or other organization or group holding a display permit issued as provided in this chapter, or to the Colorado State Fair and Industrial Exposition Commission, or to any county or district fair duly organized under the laws of this state;
B. The manufacture or wholesale of fireworks, or any phase thereof, which are of concern is subject to the sole authority of the Secretary of State of Colorado;
C. Any person from using or exploding fireworks in accordance with the provisions of any public display permit issued as provided in this chapter, or as part of a supervised public display of any county or district fair organized under the laws of this state;
D. Any person from using, exploding, selling or offering for sale any fireworks when such is done for a legitimate purpose other than for the purposes of display, exhibition, noise, amusement or entertainment; provided, however, it shall be the burden of those using, exploding or selling fireworks to prove their purpose was a legitimate and permitted one. Such permitted legitimate purposes shall include, but not be limited to, the following:
1. The explosion of blank cartridges for a show or theater or for signal or ceremonial purposes in organized athletics or sports,
2. The sale or use of model or educational rockets which utilize a replaceable engine or motor cartridge or nonmetallic construction, containing less than two ounces of propellant and designed to be launched by an electrical ignition system and which contain a parachute or other means for safe recovery of the rocket vehicle,
3. The importation, purchase, sale or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds. (Ord. O-74-38 § 1 (part), 1974).
5.20.040 Public displays
The city may grant permits within the city boundaries for supervised public displays of fireworks by fair associations, amusement parks or other organizations and groups, subject to the rules and regulations hereinafter set forth. (Ord. O-74-38 § 1 (part), 1974).
5.20.050 Application for permit
Any fair association, amusement park or other organization or group desiring to conduct a supervised public display of fireworks shall apply in writing to the City Clerk for such a permit not less than thirty days in advance of the date of the display. Such application shall be accompanied by a nonrefundable application fee of twenty-five dollars; and such application shall contain the following information:
A. The name of the organization sponsoring the display, together with the names of persons actually in charge of the display;
B. The date and time of day at which the display is to be held;
C. The exact location planned for the display;
D. The name of the competent fireworks operators who are to supervise discharge of the fireworks;
E. The type and class of fireworks to be discharged and the number of set pieces, shells (specifying single or multiple break) and other items including experimental or model rockets or missiles;
F. The manner and place of storage of such fireworks prior to and during the display;
G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstructions;
H. Proof that satisfactory compensation insurance is carried for all employees;
I. Proof of public liability insurance with the same limits and coverage as are set forth in Section 5.20.120, protecting the city, applicant, manufacturer, wholesaler, seller, supplier and property owner, and operators of the display from liability. (Ord. O-74-38 § 1 (part), 1974).
On receipt of any such application, the City Clerk shall provide to the Police Department and the Fire Department or fire protection district within which the proposed location lies, a copy of the application together with a request that an investigation of the location of the proposed display be conducted for the purpose of determining if the fireworks will be of such character or so located as to be hazardous to property or dangerous to any person. Before a permit is granted, the location and handling of the display shall be approved, after investigation, by the Chief of Police and the Chief of the Fire Department or the fire protection district in which the display is to be conducted, or their authorized agents. The Chief of Police and the Chief of the Fire Department or fire protection district concerned or their authorized agents shall be requested to report to the City Clerk with respect to the results of their investigations and shall further be requested to make recommendations for the granting or denial of the permit, and recommendations with respect to the prescribing of reasonable conditions for the display, taking into account locations, parking of vehicles, controlling spectators, storage and firing of fireworks, and precautions in general, against danger to life and property from fire, explosion or panic. No permit for public display shall be granted if the operator and the location in the handling of the display are not approved by the Chief of Police and the Chief of the Fire Department or the fire protection district in which such display is to be located or their authorized agents. No permit for public display shall be granted where discharge, failure to fire, faulty firing or fallout from any fireworks or other objects would endanger persons, buildings, structures, woods and trees, brush, parks or other grass-covered land. (Ord. O-93-64 § 23, 1993; Ord. O-74-38 § 1 (part), 1974).
5.20.070 Competent fireworks operators
No public fireworks display permit shall be granted unless at least two experienced fireworks operators are provided. Both operators shall:
A. Be responsible for, and have charge of, the display with respect to preparation for transporting, unloading, storing, preparing special effects, set and mechanical pieces, setting mortars and rocket launchers, loading, arming, firing and disposing of all unfired or defective (dud) rockets, missiles and fireworks articles or items;
B. Be responsible for setting all fireworks including mortars, finale batteries (hedgehogs) and rocket launchers at locations designated by the fire department or fire district, and take into account wind direction and velocity predicted for the firing time in setting the firing angles. Shells, rockets and missiles shall not be permitted to cross or burst above areas occupied by persons;
C. Be responsible for acts of all persons employed in connection with fireworks for the display. He shall have authority to dismiss or discharge any employee or person, whether remunerated or not, at any time during the operation of the display who, through smoking, drinking, carelessness or negligence or any other act, endangers the safety of himself, any other person or any property. (Ord. O-93-64 § 24, 1993; Ord. O-74-38 § 1 (part), 1974).
Spectators at public displays of fireworks shall be restrained behind lines or barriers as designated by local authorities. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation or firing of fireworks. (Ord. O-74-38 § 1 (part), 1974).
5.20.090 Issuance of permit
If the required approval of the Chief of Police and Chief of the Fire Department (or their authorized agents), or any of them, is not received by the City Clerk, no permit shall issue; however, if such approval is received, the City Clerk shall issue a public fireworks display permit, subject to such reasonable conditions as may be prescribed by the Chief of Police or by the Chief of the Fire Department or the fire protection district in which the display is to be conducted, if all requirements of this chapter are met. (Ord. O-93-64 § 25, 1993; Ord. O-74-38 § 1 (part), 1974).
5.20.100 Conducting displays and prohibition
The display shall be conducted only at such times, at such places and pursuant to such conditions as may be prescribed by the Chief of Police or the Chief of the Fire Department or the fire protection district in which the display is to be conducted. No public display of fireworks shall be conducted by any person or organization without a duly issued public display permit issued as provided for in this chapter. (Ord. O-93-64 § 26, 1993; Ord. O-74-38 § 1 (part), 1974).
No public fireworks display permit shall be transferable or assignable. (Ord. O-74-38 § 1 (part), 1974).
5.20.120 Liability insurance
Each applicant for a public display permit shall file with the City Clerk, prior to the issuance of any such permit, a policy of public liability insurance, in form satisfactory to the City Clerk, with coverage of at least three hundred thousand dollars and a policy of property damage insurance in the amount of at least one hundred thousand dollars, all protecting from liability the applicant, the manufacturer, the supplier, the seller, the buyer, the property owner, the user, and the city. (Ord. O-89-29 § 1, 1989; Ord. O-87-33 § 1, 1987; Ord. O-74-38 § 1 (part), 1974).
5.20.140 Sale of display fireworks at retail
It is unlawful for any person to sell or offer to sell at retail in this city any fireworks which are to be used for display purposes until he first obtains a permit for the sale of display fireworks at retail from the city. (Ord. O-74-38 § 1 (part), 1974).
5.20.150 Application for permit to sell display fireworks at retail
Any person, partnership, association or corporation desiring to obtain a fireworks sale permit shall file an application therefor with the City Clerk, which application shall be accompanied by a nonrefundable application fee of fifty dollars and which shall contain the following:
A. Name and address of applicant;
B. If applicant is a corporation, the names and addresses of the principal officers of the corporation and the name of the person who will manage, be responsible for and be in charge of the sale of fireworks;
C. If the applicant is a partnership, the names and addresses of the partners and the name and address of the person who will be in charge of and supervise and manage the sale of display fireworks;
D. Location where the applicant will sell display fireworks;
E. The manner and method of proposed sales at retail of display fireworks;
F. Such other information as the City Clerk may require to make, or aid in, the investigation required by Section 5.20.160. (Ord. O-74-38 § 1 (part), 1974).
Upon receipt of an application for a permit to sell display fireworks at retail, the City Clerk shall refer the same to the Chief of Police and the Chief of the Fire Department or fire protection district within which the location named in the permit lies with a request that they determine whether the applicant can safely engage in the sale of such fireworks at the location named in the application. (Ord. O-93-64 § 27, 1993; Ord. O-87-33 § 3, 1987; Ord. O-74-38 § 1 (part), 1974).
5.20.170 Issuance of license
If the City Clerk receives a report from the Police Department or the Fire Department or fire protection district concerned, approving the issuance of the license on the basis of the criteria set forth in Sections 5.20.150 and 5.20.160, the City Clerk, upon payment of a license fee of twenty-five dollars for each location at which display fireworks shall be sold at retail, shall issue a permit for the sale of display fireworks at retail which shall be valid for a period of twenty months from the date of issuance. Each separate permit issued shall apply and be valid only with respect to the location for which it is issued. If the report of the Police Department or the Fire Department or fire protection district indicates that the criteria set forth in Section 5.20.160 are not met, then, and in that event, no license shall be issued. (Ord. O-93-64 § 28, 1993; Ord. O-87-33 § 4, 1987; Ord. O-74-38 § 1 (part), 1974).
5.20.180 Limit on location and transferability
A fireworks sale permit shall be valid only for the premises or location for which it is issued. Such permit or permits shall not be transferable, assignable or renewable. (Ord. O-74-38 § 1 (part), 1974).
5.20.190 Filing application
Each application for a fireworks sale permit shall be filed with the City Clerk on or before June 20th of the calendar year in which the permit is sought. (Ord. O-74-38 § 1 (part), 1974).
5.20.200 Insurance for sales at retail
Every applicant for a permit to sell display fireworks at retail shall comply within the insurance requirements in the amount set forth in Section 5.20.120. (Ord. O-93-64 § 29, 1993; Ord. O-74-38 § 1 (part), 1974).
5.20.210 Seizure of fireworks
The Chief of Police or any authorized agent of the City shall seize, take and remove at the expense of the owner or possessor all stocks of fireworks stored or held in violation of this chapter. (Ord. O-93-64 § 30, 1993; Ord. O-74-38 § 1 (part), 1974).
Chapter 5.24 - Pawnbrokers
As used in this chapter:
"Contract for purchase" means a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to a customer by the pawnbroker on the delivery of tangible personal property by the customer on the condition that a customer, for a fixed price and within a fixed period of time, to be no less than thirty days, has the option to cancel said contract.
"Fixed price" means that amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed one-fifth of the original purchase price for each month plus the original purchase price.
"Fixed time" means that period of time, to be no less than thirty days, as set forth in a contract for purchase, for an option to cancel said contract.
“Manager” means an individual employee of a pawnbroker who directs the business of the pawnbroker and who is in direct control of the pawnbrokering business.
"Option" means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may but does not have to be rescinded by the customer.
"Pawnbroker" means a person, partnership, limited liability company, or corporation regularly engaged in the business of making contracts for purchase or purchase transactions in the course of his business. The term does not include Secondhand Dealers as defined in and regulated by C.R.S. Section 18-13-114 through C.R.S. Section 18-13-118.
"Pawnbrokering" means the business of a pawnbroker as defined by this section.
"Pledge" or "pledged property" means any tangible personal property deposited with a pawnbroker pursuant to a contract for purchase in the course of his business as defined in this section.
"Pledgor" means a customer who delivers a pledge into the possession of a pawnbroker.
"Purchase transaction" means the purchase by a pawnbroker in the course of his business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase.
"Tangible personal property" means all personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a contract for purchase or a purchase transaction. (Ord. O-2007-28 § 2, 2007; Ord. O-2005-9 §§ 1, 2, 3, 2005; Ord. O-98-50 § 1, 1998; Ord. O-90-8 § 1, 1990; Ord. O-89-61 § 1 (part), 1989).
5.24.020 License required
It is unlawful for any person, firm or corporation to conduct the business of a pawnbroker within the city limits unless such person, firm or corporation shall have first obtained a "pawnbroker's license" from the city. (Ord. O-89-61 § 1 (part), 1989).
All applicants for a pawnbroker's license shall file an application for such license with the City Clerk on forms to be provided by the Clerk. Each individual applicant, partner of a partnership, manager of a limited liability company, officer, director, and holder of ten percent or more of the corporate stock of the corporate applicant or holder of ten percent or more interest in a limited liability company, all managers, and any person with a financial interest in the pawnbroker establishment shall be named in each application form, and each of them shall be photographed and fingerprinted by the Lakewood Police Department; and each of them shall furnish three letters of character reference from residents of the city or the surrounding metropolitan area. Each individual applicant, partnership, limited liability company, and corporate applicant shall, in addition, furnish as an attachment to and part of such application evidence that the proposed establishment meets the requirements of the zoning ordinance, proof of the applicant's right to possession of the premises wherein the business of pawnbrokering will be conducted, a Financial Questionnaire, Consent to Release Financial Information, and a current personal financial statement or a balance sheet and income account statement for the preceding twelve-month period prior to the date of the application. Each corporate applicant shall furnish evidence that it 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. (Ord. O-98-50 § 2, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.040 Application fee
Each applicant, whether an individual, partnership, limited liability company, or corporation, shall pay an application fee at the time of filing an application. The fee shall be set by city council resolution. (Ord. O-98-50 § 3, 1998; Ord. O-89-61 § 1 (part), 1989).
On receipt of a properly completed application, together with all information required in connection therewith, fingerprints and photographs, and the payment of the application and license fees, the City Clerk shall transmit the application to the Lakewood Police Department for investigation of the background, character, and financial responsibility of each individual applicant, the partners of a partnership, the manager of the limited liability company, the officers, directors, and holders of ten percent or more of the stock of a corporation or holders of ten percent or more interest in a limited liability company, each person named as a manager of a proposed pawnbroker's establishment, and any person with a financial interest in the pawnbroker establishment. Each applicant shall pay a nonrefundable investigation fee at the time the application is filed in the amount then charged by the Colorado Department of Public Safety for each person who will be investigated. The Lakewood Police Department shall furnish the results of such an investigation to the City Clerk, together with a recommendation with respect to the granting or denial or the license, and reasons therefor. (Ord. O-98-50 § 4, 1998; Ord. O-90-8 § 2, 1990: Ord. O-89-61 § 1 (part), 1989).
A. The application of any applicant may be denied, or an existing license may be suspended or revoked by the City Manager or his designee, if it is shown that the individual applicant, any partner of a partnership, the manager of the limited liability company, any officer, director, or holder of ten percent or more of the stock of a corporate applicant or holder of ten percent or more interest in a limited liability company, any manager of a pawnbroker's establishment and any person with a financial interest in the pawnbroker establishment is not of good moral character as to reasonably assure that the operations of the pawnbroker's establishment will be conducted lawfully and in a manner which will not be detrimental to the public interest or well-being. Having been adjudged in any civil or criminal proceeding to have indulged in business or trade practices prohibited by law, or convicted of any felony or other offense involving moral turpitude and pertinent circumstances connected therewith, shall be considered in determining whether, in fact, an individual applicant, partner, manager of limited liability company, director, officer, or holder of ten percent or more of a corporate applicant's stock or holder of ten percent or more interest in a limited liability company, or a manager of the pawnbroker's establishment, is a person of good moral character at the time of the application, or time of review for possible suspension or denial.
B. The fact that an individual applicant, partnership, limited liability company, or corporation is not financially responsible, not in good standing, or not authorized to do business in Colorado, may also be grounds for denial, suspension, or revocation of a pawnbroker's license. As used herein, "financially responsible" means having sufficient income and assets to defray expenses and provide for liabilities of the business as they become due.
C. Any pawnbroker found to be in violation of any of the provisions of this chapter may have his license suspended or revoked after notice and hearing before the City Manager or his designee. Such suspension or revocation shall be at the direction of the City Manager or his designee, and further, at his discretion, and for good cause shown at a revocation or suspension hearing, the City Manager or his designee may declare the pawnbroker ineligible for relicensing for the purpose of carrying on the business or pawnbrokering within the city limits at any future time. Notwithstanding the above, a pawnbroker may apply for relicensing and present evidence of rehabilitation at an administrative hearing before the City Manager or his designee. A pawnbroker may be granted a new license provided the City Manager or his designee finds adequate evidence of rehabilitation was presented to show the pawnbroker is ready to accept the responsibilities of a law-abiding and productive member of society.
D. Any applicant or pawnbroker wishing to appeal any ruling or decision regarding this chapter, for which a hearing pursuant to Section 5.24.315 or Subsection C of this provision is not available, shall appeal to the City Manager. Said appeal shall be in writing and within fourteen days of the decision or ruling which is the subject of the appeal. The City Manager or his designee shall notify the pawnbroker in writing of the time and place fixed by him for such hearing.
E. Every decision of the hearing officer shall be in writing, and notice thereof shall be mailed to the pawnbroker within twenty days after such hearing, and all such decisions shall be final. (Ord. O-98-50 § 5, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.070 Transferability-Change of ownership-Change of corporate structure
Licenses issued under this chapter shall not be transferable. Any change in the partners of a partnership or manager of a limited liability company or in officers, directors, or holders of ten percent or more of the stock of a corporate or holders of ten percent or more interest in a limited liability company licensee holding a pawnbroker's license shall result in termination of the license of the partnership, limited liability company, or corporation, unless such licensee within thirty days of any such change, files a written notice of such change with the City Clerk and pays a nonrefundable fee. The fee shall be set by city council resolution. Any such change shall be reported on forms provided by the City Clerk and shall require the names of all new partners, officers, directors, and all holders of ten percent or more of the corporate or holders of ten percent or more interest in a limited liability company stock who were not previously holders of such amount of stock, all of whom shall be required to furnish, together with such notice, all of the information required from such persons in connection with an original application, three letters of character reference from residents of the city or the surrounding metropolitan area, and each person shall be investigated by the Lakewood Police Department as provided in Section 5.24.050. Grounds for denial of any such transfer of corporate or limited liability ownership, change of corporate or limited liability company structure, partnership, and termination of the license thereon, shall be the same as for denial of the license under Section 5.24.060. (Ord. O-98-50 § 6, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.080 Manager-Change of manager
A. A pawnbroker shall employ a manager to operate a pawnbrokering business, provided the pawnbroker retains complete control of all aspects of the pawnbrokering business, including but not limited to the pawnbroker's right to possession of the premises, his responsibility for all debts, and the pawnbroker must bear all risk of loss or opportunity for profit from the business.
B. In the event a licensee changes the manager of a pawnbroker establishment, the licensee shall immediately report such change and register the new manager on forms provided by the City Clerk within thirty days of such change. The new manager shall be photographed, fingerprinted, and furnish three letters of character reference from residents within the city or within the surrounding metropolitan area, and shall be investigated by the Lakewood Police Department as provided in Section 5.24.050. The licensee shall pay a nonrefundable investigation fee in the amount then charged by the Colorado Department of Public Safety and a manager registration fee. The manager registration fee shall be set by city council resolution. Failure of a licensee to report such a change or failure of the manager to meet the standards and qualifications as required in Section 5.24.060 shall be grounds for termination of the license. (Ord. O-2005-9 § 4, 2005; Ord. O-98-50 § 7, 1998; Ord. 0-89-61 § 1 (part), 1989).
5.24.090 Expiration and annual renewal
Each license issued pursuant to his chapter shall be for a period of one year from the date of issuance, and an application for renewal shall be filed not less than thirty days prior to the expiration of the period for which the license is issued. A late renewal may be approved by the City Manager or his designee if good cause is shown for the late filing of the renewal application. Copies of the pawnbroker's balance sheets and income statements for the preceding twelve-month period shall be submitted with each renewal application. When an application for renewal is received in proper form by the City Clerk, the City Clerk shall refer the renewal application to the Lakewood Police Department for investigation and its recommendation with respect to the approval or denial of the renewal application. An investigation shall be made by the Lakewood Police Department unless the Chief of Police, or his designee, in his discretion, deems an investigation unnecessary and elects to recommend approval without such investigation. (Ord. O-98-50 § 8, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.100 Annual license fee
The annual license fee for carrying on the business of pawnbrokering shall be payable to the City Clerk at the time an initial application for a license is filed or at the time a renewal application is file. Annual license fees shall be nonrefundable unless an application is denied. The fee shall be set by city council resolution. (Ord. O-98-50 § 9, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.110 Bond required
Every applicant for a pawnbroker's license shall furnish a bond with a responsible surety, to be approved by the City Manager or his designee, in the amount of ten thousand dollars, for the benefit of the people of the city, conditioned upon the safekeeping or return of all tangible personal property held by the pawnbroker, as required by law and ordinance, and the due observance of the provisions of this chapter. No license shall be issued or renewed absent such approved bond. Termination or cancellation of an approved bond shall be grounds for summary suspension of the license and for subsequent revocation if a new bond is not furnished within thirty days after demand by the City Manager or his designee. (Ord. O-89-61 § 1 (part), 1989).
5.24.120 City Manager's approval required
The City Manager or his designee shall have final authority to approve or deny any application or application for renewal, and to review any determination of the City Clerk and the Lakewood Police Department made with respect thereto. The City Manager or his designee in his discretion may issue the license or reject the application upon the basis of the criteria heretofore set forth, the recommendations of the Lakewood Police Department, the findings of the City Clerk, and his determination of whether the applicant has made a sufficient showing of good moral character, financial responsibility, experience and general fitness to command the confidence of the public and to warrant the belief that the business will be operated lawfully, honestly, and efficiently. (Ord. O-89-61 § 1 (part), 1989).
5.24.140 Books and records
A. A pawnbroker, his employee, agent, or any other person acting on his behalf shall keep an alphabetical index of the names of customers and a numerical register or automated format approved by the Lakewood Police Department in which the pawnbroker, his employee, agent, or any other person acting on his behalf shall legibly record the following information in the English language, in ink, and contemporaneously with each contract for purchase or purchase transaction:
1. The name of the customer;
2. The address and phone number of the customer;
3. The date of birth of the customer;
4. The number of customer's valid Colorado driver's license, or one of the following alternative forms of identification:
a. Valid Colorado identification card;
b. A valid driver's license with photograph, issued by another state
c. Military identification card;
d. Valid passport;
e. Alien registration card;
f. An identification document with no photograph, issued by the state or federal government;
5. The date, time, and place of the contract for purchase or purchase transaction;
6. An accurate, detailed account and description of each item of tangible personal property including but not limited to any trademark, identification number, serial number, model number, brand name, or identifying marks on such property;
7. The signature of the customer; and
8. A clear and identifiable imprint of the customer's right index finger.
B. The pawnbroker shall obtain a written declaration of the customer's ownership which shall state that each item of tangible personal property is totally owned by the customer, how long the customer has owned the property, whether the customer or someone else has found the property, and if the property was found, the details of the finding. The customer shall sign his name in the register or other tangible or electronic record, and the individual declaration of ownership for each item of tangible personal property and receive a copy of the contract for purchase or a receipt of the purchase transaction.
C. The pawnbroker shall keep the register or other tangible or electronic record for at least three years after the date of the last transaction entered in the register. The register shall be kept in a place which is reasonably safe from destruction or theft.
D. Such register and other books and records of the pawnbroker shall be open to the inspection of any Lakewood Police Department employee. Upon the demand of such employee, the pawnbroker shall produce and show any tangible personal property given to the pawnbroker in connection with any contract for purchase or purchase transaction. The pawnbroker's books shall list the date on which each contract for purchase was canceled, whether it was redeemed, or forfeited and sold.
E. 1. Every pawnbroker shall provide the Lakewood Police Department with records, in a format approved by the Lakewood Police Department, of all tangible personal property accepted by the pawnbroker pursuant to a contract for purchase or a purchase transaction and copies of each customer's declaration of ownership. The records shall contain the same information required to be recorded in the pawnbroker's register or other tangible or electronic record pursuant to this section. The required information shall be mailed or otherwise delivered to the Lakewood Police Department within seven days of each contract for purchase or purchase transaction.
2. The reporting format of the required information shall be one of the following:
a. Forms approved by the Lakewood Police Department together with a computer diskette containing the same information in a format approved by the Lakewood Police Department; or
b. Forms approved by the Lakewood Police Department and electronic transmission to the Lakewood Police Department of the same information in a format approved by the Lakewood Police Department. (Ord. O-2005-9 § 5, 2005; Ord. O-98-50 § 11, 1998; Ord. O-90-8 § 3, 1990; Ord. O-89-61 § 1 (part), 1989).
5.24.150 Pawn tickets
At the time of making a contract for purchase or upon the subsequent renewal of any contract for purchase the pawnbroker shall deliver to the customer a pawn ticket from a bound book containing stubs, which book and stubs are correspondingly serially numbered, and which stubs shall contain the following information:
The name and address of the licensee; a description of the pledge sufficient to adequately identify the pledge; the date of the transaction; the amount, duration, and terms of the contract for purchase. Language which represents suitably Sections 5.24.150 through 5.24.170 shall appear on the back of the pawn ticket.
The pawnbroker may insert on the pawn ticket any other terms, conditions, and information not inconsistent with the provisions of this chapter. (Ord. O-89-61 § 1 (part), 1989).
5.24.160 Transfer of pawn ticket generally-Transfer to pawnbroker
The holder of the pawn ticket shall be presumed to be the person entitled to cancel the contract for purchase and except as provided otherwise in this chapter, the pawnbroker shall deliver the pledge to the person presenting the pawn ticket on payment of principal and charges and upon surrender of the pawn ticket. The holder of any pawn ticket may transfer same to the issuing pawnbroker by writing upon the ticket "Transferred to (name of pawnbroker)" and signing same under such writing. The effect of transferring a pawn ticket to the issuing pawnbroker shall be to vest in the pawnbroker such ownership and title to the pawn ticket and the pledged property represented thereby as the holder had. The pawnbroker may thereafter sell the pledged property in accordance with the provisions of Section 5.24.240. Every instance of transference of a pawn ticket to a pawnbroker shall be reported within seven (7) days to the Lakewood Police Department as set out in section 5.24.140 E. 2. (Ord. O-98-50 § 12, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.170 Loss of pawn ticket
If a pawn ticket is lost, destroyed, or stolen the customer shall so notify the issuing pawnbroker in writing. Before permitting the cancellation of the contract for purchase or issuing a duplicate pawn ticket, the pawnbroker may, in addition to satisfying himself of the validity of the claim, require the customer to make an affidavit of the alleged loss, destruction, or theft of the ticket. Upon receipt of such affidavit or statement in writing as the case may be, the pawnbroker shall permit the customer to cancel the contract for purchase or the pawnbroker shall deliver to the customer a duplicate ticket and the pawnbroker shall incur no liability for doing so unless he had previously received written notice of an adverse claim. The form of the affidavit shall be substantially as follows:
AFFIDAVIT OF LOSS OF PAWN TICKET
STATE OF COLORADO )
COUNTY OF )
I, ______________ being first duly sworn, do depose and say:
1. I am the pledgor of a pawn ticket issued by (name of pawnbroker), numbered ____________, ("Unknown" if number is not known), and dated ("Unknown" if date is not known).
2. The above-described pawn ticket has not been sold, negotiated, or transferred in any other manner by me.
3. The above-described pawn ticket was (lost, destroyed, or stolen) as follows: _____________________
4. The pledge represented by this pawn ticket is (description of pledge).
Further affiant sayeth not.
Subscribed and sworn to before me this _____ day of __________, 20
My Commission expires:
(Ord. O-89-61 § 1 (part), 1989).
5.24.180 Adverse claims
If more than one person claims the right to cancel a contract for purchase the pawnbroker shall incur no liability for refusing to deliver the pledge until the respective rights of the claimants are adjudicated. If no action is brought against the pawnbroker by either party prior to the expiration of the period for which he is required under Section 5.24.230 to hold the pledge, he may proceed to sell the pledge in accordance with the provisions of this chapter. (Ord. O-89-61 § 1 (part), 1989).
5.24.190 Altered pawn ticket
The alteration of a pawn ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of the ticket as originally issued, but shall relieve him from any other liability to the pledgor of the ticket. (Ord. O-89-61 § 1 (part), 1989).
5.24.200 Seizure of counterfeit or reportedly lost pawn ticket-Seizure of counterfeit or fraudulent identification
A. If a ticket is presented to a pawnbroker which purports to be one issued by him but which is found to be counterfeit or which has been reported to him as lost, stolen or destroyed, the pawnbroker may seize and retain the same without any liability whatsoever to the holder thereof. Upon such occasion, the pawnbroker shall immediately notify the Lakewood Police Department. The Lakewood Police Department shall then place a hold order on the pawn ticket so seized, as set out in Section 5.24.250, and pledged property, identified in said pawn ticket, shall be held by the pawnbroker until such time as the lawful disposition of the pledged property is either agreed upon, determined by a court action, or directed by ordinance or statute, or the hold order is either ordered released by the Lakewood Police Department or has expired.
B. If a pawnbroker has reason to believe a customer is exhibiting counterfeit or fraudulent identification, the pawnbroker or his employee, acting in good faith and upon probable cause based upon reasonable grounds therefor, may seize such identification without incurring civil or criminal liability as a result of such seizure, provided the pawnbroker immediately gives such identification to the Lakewood Police Department. (Ord. O-98-50 § 13, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.210 Interest rate-Commission
No pawnbroker shall ask, demand, or receive any greater rate of interest, commission, and compensation than the total rate of one-fifth of the original purchase price for each month, plus the original purchase price. The pawnbroker may charge the customer for any transaction fee imposed by Section 5.24.370. No other charges shall be made by the pawnbroker upon renewal of any contracts for purchase or at any other time. In the event any such charges are made, the contract shall be void. Any contract for the payment of commissions by the customer for making a contract for purchase on tangible personal property shall be null and void. (Ord. O-2005-9 § 6, 2005; Ord. O-98-50 § 14, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.220 Intermediate payments-Receipts
The pawnbroker shall accept intermediate payments, without penalty, upon contracts for purchase which have not yet matured when presented with the pawn ticket, and shall treat the amount tendered as a payment upon the existing contract for purchase. A receipt showing the date and the amount of the payment shall be given for all moneys received on account of or in payment of the contract for purchase, and the date and amount of each such payment shall be entered upon the proper serially numbered stub in the bound book required to be kept by Section 5.24.140 at the time of each such payment. The total amount of money presented shall be applied against the amount of indebtedness. In no event shall any late charges, collection fees or other such service charges be deducted from the amount of the payment tendered to the pawnbroker. (Ord. O-89-61 § 1 (part), 1989).
5.24.230 Property held-Time limit-Sale of unredeemed articles
A. The pawnbroker shall hold tangible personal property purchased by him through a purchase transaction for thirty days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way.
B. The pawnbroker shall hold all tangible personal property pledged as security on a contract for purchase in his possession during the term of the contract for purchase, plus a period of ten days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way.
C. If the pledgor fails or neglects to cancel the contract for purchase by repayment of the balance of the principal and payment of all accrued interest charges, the pawnbroker shall mail a notice to the pledgor after the maturity date of the contract for purchase to the address designated in the books and records. The notice shall give the number of the pawn ticket, a description of the property pledged, and shall notify the pledgor that the contract for purchase must be canceled within ten days from the date of the notice, and specify the date, and that upon his failure to cancel the contract for purchase by that date, the pledged property shall be deemed forfeited to the pawnbroker and the right of the pledgor to cancel the contract for purchase shall be terminated. Such notice shall be in the form substantially as follows:
Lakewood, Colorado, _________________ 20 .
To: (Name) _______________________
(Street address) _________________________
(City, State, Zip Code) ____________________________
You are hereby notified to cancel the contract for purchase on or before ten days from the above date, to wit: (Date), or the pledged property will be forfeited to the pawnbroker under the contract for purchase and your rights to the pledged property will thereafter be terminated. Your pawn ticket is No. , the property pledged by you as security is described as follows:
(general description of property) ______________________________________
(Pawnbroker's address) __________________________________________
D. The pawnbroker shall retain in his records the original notice, in its unopened envelope, if returned to the pawnbroker. If notwithstanding the notice the person making the contract for purchase fails to cancel the contract for purchase within the ten-day period designated in the notice, all right, title and interest of the pledgor to the pledged property shall be forfeited to the pawnbroker who shall acquire title to the property, and the debt become satisfied. (Ord. O-98-50 § 15, 1998; Ord. O-89-61 § 1 (part), 1989).
5.24.240 Sale of articles represented by pawn tickets transferred to pawnbroker
Any tangible personal property deposited with a pawnbroker as security for a contract for purchase represented by a pawn ticket which has been transferred to the pawnbroker in accordance with Section 5.24.160 may be sold by the pawnbroker thirty days after such transference and appropriate notification to the Lakewood Police Department. (Ord. O-89-61 § 1 (part), 1989).