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HomeMy Public PortalAboutOrdinance 494 Amending Chapter 6, Article 1 Regarding Business LicenseTOWN OF FRASER ORDINANCE NO. 494 Series 2023 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 1 OF THE FRASER MUNICIPAL CODE REGARDING BUSINESS LICENSES WHEREAS, pursuant to State Senate Bill 22-032, Simplify Local Sales & Use Tax Administration, on and after July 1, 2022, a local taxing jurisdiction is prohibited from charging a fee for a general business license to a retailer that has a state standard retail license, makes retail sales within the local taxing jurisdiction, and either does not have a physical presence in the local taxing jurisdiction or only has an incidental physical presence within the local taxing jurisdiction; WHEREAS, the Board of Trustees desires to eliminate the required license fee and registration application process for a Town of Fraser business license for those that hold a state standard retail license to comply with the provisions of Senate Bill 22-032; WHEREAS, the Board of Trustees desires to amend sections of the code related to penalty for delinquent license fees and add sections to the code defining a change in the titling of a license for short-term rental owners. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 6 (Business Licenses), anywhere of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as stfi4Eethreugh print and will delete the term any where it is used throughout the section of the applicable code. Sec. 6-1-20. - Definitions. For purposes of this Article, the following definitions shall apply: Business means and includes each kind of vocation, occupation, profession, enterprise and establishment, or any kind of activity for gain, benefit, advantage, or livelihood conducted within the Town. Casual transaction is an isolated, single or incidental transaction (except for any rental of residential property) which in itself does not constitute the carrying on of business. Examples include but are not limited to: fund raisers, garage sales, bake sales or private sales of possessions or vehicles. Fixed business is any business operating with a physical presence within the Town as defined below. Without limiting the generality of the foregoing, fixed business shall include any owner of residential property who rents such property for any term of less than thirty (30) days and who does not qualify as an incidental physical presence as defined below. Fixed business does not include a home occupation. Physical Presence means performing or providing services or selling, leasing, renting, delivering, or installing tangible personal property for storage, use or consumption within the local taxing jurisdiction. Physical presence includes: 1. Directly or indirectly by a subsidiary maintaining a building, store, office, salesroom, warehouse, or other place of business within the local jurisdiction; 2. Sending one or more employees, agents, or commissioned salesperson into the local jurisdiction to solicit business, to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; 3. Maintaining one or more employees, agents or commissioned salesperson on duty at a location within the local taxing jurisdiction; 4. Owning, leasing, renting or otherwise exerting control over real or personal property sales within the local taxing jurisdiction. Includes any owner of residential property who rents such property for any term of less than thirty (30) days. 5. Engaging in activities within the taxing jurisdiction that are subject to other business, fire, zoning, or other regulations of the local jurisdiction; or 6. Being subject to taxable privileges other than the requirements to collect sales tax imposed by the local jurisdiction. Home occupation is any business operated out of a residence. Home occupations are regulated by zoning districts. License means a business license, or Short Term Rental Operating License. Nonfixed business is any business with an incidental physical presence, not having a set operating location within the Town, but which otherwise does business within the Town. Examples include but are not limited to; door-to-door sales, transient vendors, construction trades and retail and wholesale distributors. Without limiting the generality of the foregoing, nonfixed business shall include any owner of residential property who contracts with a rental management business for the rental of such property of any term of less than thirty (30) days, provided that such rental management business collects and remits to the Town the license fees for all such managed properties. Incidental Physical Presence means performing or providing services or selling, leasing, renting, delivering, or installing tangible personal property for storage, use, or consumption within the local taxing jurisdiction that occurs infrequently and is not regularly scheduled within the ordinary course of an individual or entity's business activities. Short Term Rental Operating License is a fixed business license, meaning a license issued by the Town of Fraser to residential property owners who operate a short-term rental by renting their property for a term of less than thirty (30) days and who manage the property's rental platform calendar, advertisements, cleaning or any other property services directly. 2 Sec. 6-1-30 Business license required. (c) All businesses must post a license, appropriate to the type of business in compliance with Chapter 6 of the Fraser Town Code. Sec. 6-1-50. - Exemptions. Persons exempt from the provisions of this Article are: (1) Churches or established religious organizations. (2) Any organization exempt from payment of state and local sales tax. (3) Schools and community -wide preschools/day care facilities. (4) Federal and state governments and all political subdivisions thereof. (5) Persons exempt from business licensing under state law. (6) Persons engaged in a casual transaction. (7) Owners of residential property who rent their property for a rental term of thirty (30) days or longer, and all owners of rental time shares regardless of the rental term. (8) Persons selling goods or services at temporary or special events. Such individuals are required to obtain a yearly special events vendor license, allowing for the sale of goods at such venues. An alternative is for the event sponsor to act on behalf of all vendors as to congregate and submit all taxes (additional reporting requirements apply in this situation). A special events license would be required for the sponsor in addition to a normal Town business license. (9) Businesses with a state standard retail license, makes retail sales within the local taxing jurisdiction, and either does not have a physical presence in the local taxing jurisdiction or only has an incidental physical presence within the local taxing jurisdiction. Sec. 6-1-100. — License renewal and fees. (c) Commencing on June 1, 2023, the annual business license for property owners renting a property for less than 30 days and manage their own rental property services shall pay an annual Short Term Rental Operating License fee and shall obtain a license prior to the commencement of operating a short term rental. The license shall be valid from the date obtained in conjunction with the Short Term Rental permit approval date. 3 (c)u The annual business license and Short Term Rental Operating License fee for all busineeccs shall be in such amount as is established from time to time by ordinance or resolution adopted by the Board of Trustees for each business requiring a separate license (includes a sales tax license). Such fee is set forth in Appendix A to this Code. Sec. 6-1-130. — Penalty. Every person convicted of a violation of any provision of this Article shall be punished as yet forth in Section 1 10 of this Code. Commencing June 1, 2023, any business or Short Term Rental found to be operating without a license or late in renewing a license will be assessed an administrative penalty. Discovery of a business or short term rental operating in the previous year without a license will be assessed a prior and current year's annual fee plus an administrative penalty. The administrative penalty will be assessed ten (10) business days after the due date. A paper and electronic notification will be sent. Such penalty is set forth in Appendix A to this Code. Appendices Appendix A — Fee Schedule. Chapter 6 6-1-100 Annual STR Operating License $40.00 Administrative Penalty $20.00 PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. 4 PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 15 day of Yfl , 2023. Votes in favor: Votes opposed: 0 Votes abstained: 0 OCORA 9' BOARD USTEES OF THE TOWN OF FRA R, CQtORADO BY: Published in the Middle Park Times on n1A.,tic��3,�0�3 Philip Vandrrnail, Mayor EST: Antoinette McVeigh, Town Clerk -5