CHAPTER 18
LICENSING

ARTICLE 1
GENERAL LICENSING PROVISIONS

Section 18-1-1. Definitions. As used in this Chapter 18 of the Municipal Code:

(1)

"Application fee" means and includes any fee required by ordinance to be paid at the time of application for any license or permit, as a charge for the processing and consideration of the application. An application fee is not refundable in the absence of express provision for refund.

(2)

"Cancel" means to terminate without prejudice to reinstatement or reissuance upon compliance with the provisions of an ordinance.

(3)

"Fee" means and includes any application fee, license fee, permit fee, renewal fee, reinstatement fee and any licensing cost, charge or expense provided by ordinance to be paid to the City of Northglenn, including a penalty provided in connection with the payment, time of payment, or non-payment thereof, but does not include a fine or tax.

(4)

"Hearing" means a hearing called and held upon notice, as provided by ordinance or by statute.

(5)

"License fee" means and includes any fee required by ordinance to be paid for the permission, privilege or right granted by any license. A license fee, if paid, is refundable in the event the license is not granted or issued unless otherwise provided by ordinance, but is not refundable in whole or in part after the license has been issued.

(6)

"Location" means a particular parcel of land that may be identified by an address or by other descriptive means.

(7)

"Notice" means and includes any notice required by ordinance or by statute to be given; "actual notice" means notice in fact delivered, communicated or received.

(8)

"Permit" means a document granting official permission to make, construct, install, modify, remove, use, or otherwise act with or in respect to any specified thing or activity issued by the City of Northglenn pursuant to the provisions of an ordinance or statute requiring a permit therefor.

(9)

"Permit fee" means and includes any fee required by ordinance to be paid for the privilege or right granted by any permit. A permit fee is refundable, if at all, only pursuant to the provisions of an ordinance providing therefor.

(10)

"Premises" means a distinct and definite location which may include a building, a part of a building, a room or any other definite contiguous area.

(11)

"Revoke" means to terminate permanently.

[Source: Ord. 938, 1989]

Section 18-1-2. Application--Construction. The provisions of this article shall apply to and govern the application for issuance, regulation, suspension, and revocation of any license or permit provided or required by ordinance of the City of Northglenn, except that:

(1)

Specific ordinance provisions relating to any license or licensed activity, or to any permit or permitted activity, shall govern over the general provisions of this article.

(2)

The requirements of any ordinance relating to any license or licensed activity, or to any permit or permitted activity, shall be complied with and enforced in addition to the requirements of this article.

(3)

The provisions of this article shall be construed to effect the purposes of providing orderly procedures, observation of the requirements of due process of law, and implementation of the purposes of the ordinances of the City.

(4)

The provisions of this article shall not apply to licenses or permits for the sale of any alcoholic beverage.

[Source: Ord. 938, 1989]

Section 18-1-3. Applications.

(a)

An application for a license shall be made on forms provided therefor by the City of Northglenn, at the offices of the City Clerk, in compliance with the provisions of this article.

(b)

An application for a permit shall be made in accordance with the provisions of the ordinance or law authorizing such permit.

[Source: Ord. 938, 1989]

Section 18-1-4. Fees.

(a)

An application fee, if required by ordinance or by law, shall be paid at the time of filing an application, together with any additional amount necessary to compensate the City for the costs of any required investigation, including but not limited to, fingerprinting costs.

(b)

Annual or periodic license fees for the initial period of any license or permit shall be paid at the time of filing an application unless another method of payment is prescribed by ordinance.

(c)

Fees may be paid in cash or by check, bank draft or money order. Fees paid in any form except cash will be accepted by the City of Northglenn subject to collection.

(d)

Fees due the State of Colorado in connection with any license or application shall be paid by check or money order payable to the proper state officer or agency, and will be accepted by the City only for transmittal to such state agency or officer.

[Source: Ord. 938, 1989; 967, 1989]

Section 18-1-5. Unpaid Fees.

(a)

Whenever any check, bank draft or other instrument received by the City of Northglenn for payment of any fee shall be returned unpaid or uncollectible, such fee shall be deemed unpaid.

(b)

No application for any license or permit shall be processed, acted upon or issued while an application fee is unpaid.

(c)

No license or permit shall be granted or issued while any application fee, license fee or permit fee required therefor is unpaid.

(d)

Any license or permit issued, if any fee therefor shall be unpaid, may be cancelled by the licensing authority or the City Clerk.

[Source: Ord. 938, 1989]

Section 18-1-6. Cancellation, Suspension and Revocation--General Provisions. When grounds exist therefor:

(a)

A license or permit may be cancelled by the licensing authority or the City Clerk upon the expiration of a reasonable period of time, not less than ten (10) days, stated in notice given by certified mail, return receipt requested, to the address of the licensee or permittee as shown on the records of the licensing authority. Within the period of notice, the licensee or permittee may either:

(1)

Perform any act or cure any default necessary to void the cancellation; or

(2)

Request a hearing, in which event the license or permit shall not be cancelled except as provided by Section 18-1-6(b) of the article.

(b)

Except as otherwise provided in this section, no license or permit shall be suspended, cancelled or revoked without affording opportunity for a hearing before the licensing authority. Hearings for the cancellation, suspension or revocation of any license or permit shall be conducted in accordance with Article 7 of Chapter 3 of this Municipal Code.

(c)

A licensee or permittee shall be deemed to have been afforded opportunity for a hearing if notice of the proposed action, and the grounds therefor, which may include notice of the date, time and place of a hearing, is given in the manner provided by ordinance or by statute; and

(1)

The notice is not delivered because the licensee has removed from the address stated in the license or application therefor; or

(2)

The notice is not delivered because the address stated in the license or application therefor is false or nonexistent; or

(3)

The licensee, having received a notice that action of cancellation, suspension or revocation will be taken unless a hearing is requested, fails to request a hearing within the time stated in such notice; or

(4)

The licensee, having requested a hearing fails without good cause to attend such hearing in person or by counsel.

[Source: Ord. 938, 1989]

Section 18-1-7. Cancellation. A license or permit may be cancelled by the licensing authority or City Clerk:

(a)

When it appears that issuance of the license or permit was illegal; or

(b)

The license or permit was mistakenly issued to the wrong person or premise, or the wrong license was issued;

(c)

When any fee is unpaid; or

(d)

Upon grounds provided by ordinance or by statute.

[Source: Ord. 938, 1989]

Section 18-1-8. Suspension. A license or permit may be suspended, with or without conditions, by the licensing authority or City Clerk;

(a)

When any activity conducted pursuant to such license or permit violates an ordinance, regulation or law.

(b)

Upon any grounds which would authorize revocation of the license or permit, except grounds which make revocation mandatory;

(c)

Upon any ground of suspension provided by the ordinance or statute pursuant to which the license or permit was issued.

[Source: Ord. 938, 1989]

Section 18-1-9. Conditional Suspension. A license or permit may be conditionally suspended upon any grounds authorizing suspension thereof.

[Source: Ord. 938, 1989]

Section 18-1-10. Revocation. A license or permit may be revoked by the licensing authority or City Clerk;

(a)

When it appears that the license or permit was obtained by fraud or misrepresentation; or

(b)

When it appears that the activity conducted pursuant to such license or permit is a public nuisance as defined by ordinance or by statute; or

(c)

Upon any grounds of revocation provided by the ordinance or statute pursuant to which the license or permit was issued.

[Source: Ord. 938, 1989]

Section 18-1-11. Renewals.

(a)

A permit shall be renewable only in the manner and to the extent provided by the ordinance under which the permit was issued.

(b)

A license shall be renewable in the manner and to the extent provided by the ordinance under which the license was issued, but if such ordinance is without provisions limiting or restricting renewal, the license shall be renewable by filing any required application for renewal and payment of the applicable annual or periodic license fee.

(c)

An application for renewal of a license shall contain any information required by ordinance to be contained in renewal applications and such information as the licensing authority may provide by rule, but the form and content of the application shall otherwise be as directed by the City Clerk.

(d)

Except as otherwise provided in this section or by ordinance, the City Clerk may, in his or her discretion, waive or dispense with renewal applications.

[Source: Ord. 938, 1989]