Town Council Meeting June 11, 2024

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Municipal Code Disclaimer:

The Town attempts to regularly update the Municipal Code sections that are posted on the website. HOWEVER, there are times that some period of time may elapse before the updates are completed, so at any given time, the web site may not show the latest Code amendments. For this reason, the Town of Dinosaur makes no guarantee that we have posted all updates to the Municipal Code. We realize that access to accurate information is often vital to a project or situation and for that reason we would ask that before you proceed, you confirm with the Town Clerk that the particular Municipal Code reference that you are relying on has been posted with all updates.

1.01 Code Adoption

1.01.010          Adoption.

1.01.020          Repeal of Prior Ordinances.

1.01.030          Effect on Past Actions and Obligations.

1.01.040          Severability.

 

            1.01.010          Adoption. 

Pursuant to the authority conferred by Title 31, Article 16, Part 2 of the Colorado Revised Statutes, there is adopted that certain Code, entitled the “Dinosaur Municipal Code,” together with all ancillary codes duly described in said Code and incorporated therein by reference.  It shall be sufficient to refer to said Code as the “Dinosaur Municipal Code” or the “Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity.  It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Dinosaur Municipal Code” or the “Code.”  References may be made to the Titles, Chapters, Sections and subsections of the “Dinosaur Municipal Code” or the “Code” and such references shall apply to those Titles, Chapters, Sections or subsections as they appear in the Code.

 

            1.01.020          Repeal of Prior Ordinances. 

All ordinances of a general and permanent nature enacted on or before _April 12, 2022_, and not included in the Code or recognized and continued in force by reference therein are repealed unless otherwise provided.

 

            1.01.030          Effect on Past Actions and Obligations. 

The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.

 

            1.01.040          Severability. 

If any Section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity if the remaining portions of the Code.

1.04 General Provisions

1.04.010          Definitions.

1.04.020          Title of Office.

1.04.030          Interpretation of Language.

1.04.040          Grammatical Interpretation.

1.04.050          Acts by Agents.

1.04.060          Prohibited Acts Include Causing and Permitting.

1.04.070          Computation of Time.

1.04.080          Construction.

1.04.090          Repeal Shall Not Revive Any Ordinances.

 

            1.04.010          Definitions. 

The following words and phrases, whenever used in the ordinances of the Town of Dinosaur, Colorado, shall be construed as defined in this Section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases:

    

A.                  “County” means the County of Moffat, State of Colorado. 

 

B.                 “Law” denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the Town of Dinosaur, Colorado, and, where appropriate, any and all rules and regulations which may be promulgated thereunder.

 

C.                  “May” is permissive.

 

D.                 “Month” means a calendar month.

 

E.                  “Municipal Code” means the Town of Dinosaur Municipal Code as in effect or hereafter amended or enacted.

 

F.                   “Must” and “shall” are each mandatory.

 

G.                 “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

 

H.                 “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

I.                    “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.

 

J.                    “Personal property” includes money, goods, chattels, things in action and evidences of debt.

 

K.                  “Preceding” and “following” means next before and next after, respectively.

 

L.                   “Property” includes real and personal property.     

 

M.               “Real property” includes lands, tenements and hereditaments.

 

N.                 “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

 

O.                 “State” means the State of Colorado.

 

P.                  “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the Town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

 

Q.                 “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. 

 

R.                  “Town” means the Town of Dinosaur, Colorado, formerly known as the Town of Artesia, or the area within the territorial limits of the Town of Dinosaur, Colorado, and such territory outside the Town of Dinosaur over which the Town of Dinosaur has jurisdiction or control by virtue of any constitutional or statutory provision.

 

S.                   “Town Council” and “Council” each mean the Town Council of the Town of Dinosaur, also known as the Board of Trustees.  “All its Members” or “all Councilpersons” mean the total number of Councilpersons holding office.

 

T.                  “Written” includes printed, typewritten, photocopied, facsimile or otherwise reproduced in permanent visible form.

 

U.                 “Year” means a calendar year.

 

            1.04.020          Title of Office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the Town of Dinosaur.

 

            1.04.030          Interpretation of Language. 

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

 

            1.04.040          Grammatical Interpretation. 

The following grammatical rules shall apply in the ordinances of the Town of Dinosaur, unless it is apparent from the context that a different construction is intended:

 

A.                  Gender.  Each gender includes the masculine, feminine and neuter genders.

 

B.                  Singular and Plural.  The singular number includes the plural and the plural includes the singular.

 

C.                  Tenses.  Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

 

            1.04.050          Acts by Agents. 

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

 

            1.04.060          Prohibited Acts Include Causing and Permitting. 

Whenever in the ordinances of the Town of Dinosaur any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

 

            1.04.070          Computation of Time. 

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

 

            1.04.080          Construction. 

The provisions of the ordinances of the Town of Dinosaur, and all proceedings under them, are to be construed with a view to affect their objects and to promote justice.

 

            1.04.090          Repeal Shall Not Revive Any Ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

 

1.08 Town Seal

1.08.010          Established.

 

            1.08.010          Established. 

           A.   A seal, the impression of which shall be as follows:  in the center the word “SEAL” and around the outer edge the words “TOWN OF DINOSAUR, COLORADO” and below the word “seal” the words “Incorporated December 9, 1947”, and shall be and is hereby declared to be the corporate seal of the Town of Dinosaur, Colorado. 

(Ord. 1, 1947)

 

            B.         All the attestations made to papers issued under authority of, and attested by, the Seal of the Town prior to the date of the passage of this Chapter the impression of which Seal is, as described in subsection (A) of this Section, are declared to have been, and now to be, the attestations of the Town.

1.12 General Penalty

1.12.010          General Penalties.

1.12.020          Juvenile Offenders - Penalties.

 

            1.12.010          General Penalties. 

             A.  Any person who performs or fails to perform an act where performance or failure to perform is declared in any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, to be unlawful, or commits a criminal offense, or a misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, or any person who fails to meet a standard of conduct or behavior prescribed in a provision of the Dinosaur Municipal Code for which no specific penalty is provided, upon conviction thereof, shall be punished as provided in subsection (B) of this Section.

            B.         Any person convicted or found liable for a violation of any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00), by incarceration not to exceed ninety (90) days, or by both such fine and incarceration, unless otherwise specifically provided in any other provision of the Dinosaur Municipal Code.

            C.         A separate and distinct offense shall be deemed to have been committed for each day on which any violation of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall continue.

            D.         Unless otherwise provided in the Dinosaur Municipal Code, the Municipal Judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one (1) year.

 

(Ord. 81, §1, 1993)

 

            1.12.020          Juvenile Offenders-Penalty. 

           A.  For the purposes of this Section, a “juvenile offender” is defined as any person accused of an offense pursuant to the Dinosaur Municipal Code who, on the date of the alleged offense, was at least ten (10) years of age, but had not yet attained the age of eighteen (18) years.

            B.         Except as to alleged violations of the Model Traffic Code, as adopted by reference, any juvenile offender convicted of a violation of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00), unless otherwise provided by the specific section alleged to have been violated.  Notwithstanding any other provision contained in the Dinosaur Municipal Code to the contrary, a juvenile offender shall not be subject to incarceration, except as herein provided.  Any juvenile offender convicted or found liable for a violation of any provision of the Model Traffic Code, as adopted by reference, may be punished by a fine of not more than three hundred dollars ($300.00), or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration.

            C.         Nothing contained in this Section shall be construed to abrogate, abolish, or otherwise limit the power of the Municipal Court to incarcerate a juvenile offender before the Court for contempt of court, whether failure to obey a summons, subpoena, or other lawful order of the Court, including an order to pay a fine, or by personal conduct before the Court.  In addition, the Municipal Court may incarcerate a juvenile offender for violation of probation conditions imposed by the Court.  The Municipal Court shall have the authority to order a juvenile offender confined in a juvenile detention facility operated or contracted by the Colorado Department of Institutions or a temporary holding facility operated by or under contract with a municipal government.  Any confinement of a juvenile offender for contempt of Municipal Court or for violation of probation conditions shall not exceed forty-eight (48) hours.

            D.         Notwithstanding any other provision of law, a juvenile offender arrested for an alleged violation of a municipal ordinance, convicted of violation of a municipal ordinance or probation conditions imposed by the Municipal Court, or found in contempt of court in connection with a violation or an alleged violation of the Dinosaur Municipal Code shall not be confined in a jail, lockup, or other place used for confinement of adult offenders but may be held in an juvenile detention facility operated or under contact with the Department of Institutions or a temporary holding facility operated by or under contract with the municipal government which shall receive and provide care for such child.

            E.         Upon the request of the Municipal Judge, the Town Marshal, the prosecuting attorney, or the defendant, the Clerk of the Municipal Court shall issue a Notice of Required Appearance for the appearance, at any and all stages of the Court’s proceedings, of the parent, legal guardian, or lawful custodian of any child under eighteen (18) years of age who is charged with an offense under the Dinosaur Municipal Code.  Any person who fails to appear pursuant to such Notice shall be deemed to be in contempt of the court.

            F.         The presiding judge of the Municipal Court may promulgate such rules or orders regarding the procedural processing of juvenile offenders appearing before the Municipal Court as (s)he may, from time to time deem appropriate.

 

(Ord. 81, §2, 1993)

 

2.02 Town Council and Mayor

2.02.010          Town Council-Term.

2.02.020          Mayor-Term.

2.02.030          Town Council, Mayor-Vacancies.

 

            2.02.010          Town Council-Term. 

In order to establish an orderly transition from the existing terms of office it is hereby established and ordained that during the next regular election the three council members obtaining the highest number of votes shall be seated for four-year terms, each for a four-year term.  The three additional council members elected at the next annual election, receiving the three least number of votes shall be seated on the Town Council and hold office for a period of two years and that time the three new additions to the Town Council shall be open for election.  Those persons elected in the 1982 election to fill the three vacancies shall commence serving four-year terms.  It being the intent and purpose of this Section to establish overlapping terms of office for all council members with three council members being elected during any two-year election, after the 1980 general election. 

(Ord. 47 1979)

 

            2.02.020          Mayor-Term. 

The office of Mayor shall be for two years from the date of election. 

(Ord. 47 1979)

 

            2.02.030          Town Council, Mayor-Vacancies. 

A.  The Town Council shall have the power, by appointment, to fill all vacancies in the Council, including the office of Mayor, and the person so appointed shall hold his office until the next regular election and until his successor is elected and has complied with Section 31-4-401, C.R.S., as amended.  If the term of the person creating the vacancy was to extend beyond said next regular election, the person elected to fill the vacancy at said election shall be elected for the remainder of the unexpired term only. 

 

Where a vacancy or vacancies exist in the office of Councilperson, and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the three (3) candidates for Councilperson receiving the highest number of votes shall be elected to four-year (4) terms and the candidate or candidates receiving the highest number of votes, in descending order, shall be elected to fill the unexpired term or terms.

      B.         The Town Council shall also have the power to fill a vacancy on the Council, including the Office of Mayor, by ordering a special election, subject to the requirements of the Colorado Municipal Election Code, to fill the vacancy until the next regular election and until a successor has been elected and has complied with Section 31-4-401, C.R.S., as amended.  If the term of the person creating the vacancy was to extend beyond said next regular election, the person elected to fill the vacancy shall be elected for the unexpired term only.

 

C.         If a vacancy in the Council, including the Office of Mayor, is not filled by appointment or an election is not ordered within sixty (60) days after the vacancy occurs, the Town Council shall order a special election, subject to the requirements of the Colorado Municipal Election Code, to be held as soon as practicable to fill the vacancy until the next regular election and until his successor has been elected and has complied with Section 31-4-401, C.R.S., as amended.  If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term only.

2.04 Town Offices Generally

2.04.010          Town Officers-Appointment.

2.04.020          Town Officers-Oath.

2.04.030          Town Officers-Surety Bond Required.

2.04.040          Town Officers-Vacancy.

2.04.050          Administrative Functions-Mayor.

2.04.060          Town Administrator-Duties.

2.04.070          Town Clerk-Duties.

2.04.080          Town Treasurer-Duties.

2.04.090          Town Attorney-Duties.

2.04.100          Town Officers-Removal.

 

            2.04.010          Town Officers-Appointment. 

The Town Council shall appoint the following Town officers: Town Clerk, Town Treasurer and Town Attorney.  The Town Council may also appoint a Town Administrator as an officer.  The appointment of said Town officers shall be for a period established at the time of appointment, but in no event shall continue beyond thirty (30) days after compliance with Section 31-4-401, C.R.S., as amended, by members of the succeeding Board of Trustees.

 

            The Town Council may enter into a written contract with any Town officer.  Such contract shall be supplemental to the provision of this Section.  The provisions of this Section shall supersede any such contract when in conflict.

 

(Ord. 2 §1 1947; Amended Ord. 78 Part IV, §4.1 1993)

 

            2.04.020          Town Officers-Oath. 

Each of the officers appointed under Section 2.04.010 of this Chapter before entering upon the duties of such office, shall take an oath of affirmation, administered by the Municipal Judge, Town Clerk, or other person who is designated by the Town Council, or who is authorized by law to administer such oaths, to support the Constitution of the United States, the Constitution of Colorado and the laws of the State of Colorado and the Town of Dinosaur, and faithfully perform the duties of his/her office. 

 

(Ord. 2 §4 1947; Amended Ord. 78 Part IV, §4.2 1993)

 

            2.04.030          Town Officers-Surety Bond Required. 

(a) Each of the following officers shall execute a bond with sureties approved by the Town Council in the following amounts:

 

                        Mayor                         $5,000.00

                        Town Clerk                  $5,000.00

                        Town Treasurer          $5,000.00

 

            Said bond shall be conditioned upon the faithful discharge of the duties of their office and for the care and disposition of municipal funds in their hands.  The cost of said bond shall be paid by the Town of Dinosaur.

 

            (b)        The Town Council shall declare vacant the office of any person appointed to office who fails to give a bond when required within ten (10) days after notification of appointment and shall proceed to appoint another person as in other cases of vacancy.  In the event the official bond of an officer, after taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the Town Council shall require the officer to procure additional sureties or to give a new bond and may designate the time when such additional sureties or new bond shall be furnished, which shall not be less than ten (10) days.  In the event the additional sureties or new bond is not furnished within the time so designated, the office shall be declared vacant, and the vacancy shall be filled by appointment as provided by law.

 

(Ord. 78 Part IV, §4.3 1993)

 

            2.04.040          Town Officers-Vacancy. 

The Town Council has the power by appointment, to fill all vacancies in any appointed Town office, and the person so appointed shall have his/her office until the next regular election and until members of the Town Council have complied with Section 31-4-401, C.R.S., as amended.

 

(Ord. 78 Part IV, §4.4 1993)

 

            2.04.050          Administrative Functions--Mayor. 

The Mayor, under the authority and direction of the Town Council, shall be responsible for the efficient administration of the affairs of the Town, unless otherwise expressly provided for in the Dinosaur Municipal Code.  Except as otherwise provided herein, the Mayor shall be responsible for the administration of this Title, pursuant to the authority and direction of the Town Council.

 

            The Mayor shall report to the Council, at each regular meeting of the Town Council, all significant administrative decisions made and actions taken by him since the last regular meeting of the Council.  Specifically, the Mayor shall report to the Council all decisions made by him concerning personnel matters and shall discuss with the Town Council any personnel decisions contemplated by him.

 

 

            2.04.060          Town Administrator-Duties. 

The Town Administrator shall be the chief executive officer of the Town.

(Ord. 61 §II, 1983)

 

A.                  Supervision Received.  The Town Administrator shall work under the general guidance and direction of the Mayor and Town Council.

 

B.                  Supervision Exercised.  The Town Administrator shall exercise supervision over all Town employees.

 

C.                  Essential Duties and Responsibilities.  The Town Administrator shall be responsible to the Town Council for the efficient administration of all affairs of the Town placed in his charge, and to that end he shall have the power and duty to:

 

1.                  Enforce the laws and ordinances of the Town;

 

2.                  Appoint, suspend, transfer, and remove all employees of the Town except as otherwise provided herein, or by State statute, subject to the personnel regulations of the Town, if any be adopted by the Town Council;

 

3.                   Make appointments on the basis of executive and administrative ability, and of the training and experience of such appointees in the work which they are to perform;

 

4.                  In cooperation with the Town Clerk and Town Council, prepare a proposed budget annually and submit it to the Council, and be responsible for the administration of the budget after its adoption;

 

5.                  Prepare and submit to the Council as of the end of the fiscal year a complete report on finances and administrative activities of the Town for the preceding year, and upon request of the Council make written or verbal reports at any time concerning the affairs of the Town under his supervision;

 

6.                  Keep the Council advised of the financial condition and future needs of the Town, and make such recommendations to the Council as he may deem necessary or expedient;

 

7.                  Exercise, supervision and control over all executive and administrative departments, and recommend to the Council any proposal he thinks advisable to establish consolidate or abolish administrative departments;

 

8.                  Enforce all terms and conditions imposed in favor of the Town or its inhabitants in any contract or public utility franchise, and upon knowledge of any violation thereof, report same to the Council for such action and proceedings as may be necessary to enforce the same;

 

9.                  Attend Council and Planning Commission (if such entity exists) meetings and participate in discussions in an advisory capacity;

 

10.              Be responsible for engineering, architectural, maintenance, construction and work equipment services required by the Town; and

 

11.              Perform such others duties as may prescribed by Ordinance, or by the Town Council.

 

(Ord 61 §IV, 1983)

 

            2.04.070          Town Clerk-Duties. 

The Town Clerk shall have the power, duty and responsibility to:

 

A.                  Supervision Received.  The Town Clerk works under the general guidance and direction of the Mayor, the Town Council and/or the Town Administrator, if appointed

 

B.                  Supervision Exercised.  The Town Clerk shall exercise supervision over any deputy town clerks and all other clerical staff.

 

C.                  Essential Duties and Responsibilities.

 

1.                  Attend all meetings, including informal study sessions, of the Town Council and make a true and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees;

 

2.                  Serve as custodian of the Town’s official Book of Ordinances, serves as custodian of other Town records as designated by the Town Council, serve as custodian of the Town’s seal, and affix the Town seal to such documents as the law or the Board of Trustees requires

 

3.                  Administer all applicable provisions of the Colorado Municipal Election Code or Sections 31-10-101, et. seq., C.R.S. as amended, or the Uniform Election Code, Sections 1-1-101, et. seq., C.R.S., as amended, and the Colorado Fair Campaign Practices Act, Sections 1-45-101, et. seq., C.R.S., as amended;

 

4.                  Collect monies, taxes, revenues, and other funds due and owing to the Town of Dinosaur;

 

5.                  Keep a separate account of each fund or appropriation and the debits and credits belong thereto;

 

6.                  Give each person paying money into the treasury a receipt therefor specifying the date of payment and upon which account paid;

 

7.                  Countersign warrants or checks drawn upon the treasury and signed by the Treasurer or Mayor.  Said check or warrant shall state the particular fund or appropriation to which the same in chargeable and the person to whom payable;

 

8.                  Maintain all financial and statistical reports;

 

9.                  Assist and advise the Town Council and members of the public;

 

10.              Maintain effective working relationships with other personnel;

 

11.              Issue all Town licenses as provided by law;

 

12.              Act as Clerk to the Town Council;

 

13.       Maintain employment records for all Town officers and employees indicating the accumulation and use of vacation time, sick leave, other leave, overtime and compensatory time-off, if any;

 

14.              Assist in the preparation of the annual budget;

 

15.              Maintain all other records, unless otherwise provided by ordinance, and perform such other duties as prescribed by the Town Council and appliable law; and

 

16.              Staff the Town office from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday.

 

17.              Shall perform such other duties as deemed appropriate by the Town Council and as provided by applicable law.

 

(Ord. 78, Part IV, §4.5 1993)

 

D.                 Qualifications.  The Town Clerk shall be a high school graduate with suitable municipal or private sector office experience.  The Town Clerk must have the ability to make sound decisions and be capable of maintaining and filing records in a proper manner at all times.  The Town Clerk shall have a broad working knowledge of municipal government, or agree to obtain such knowledge soon after being appointed. 

 

(Ord 78, Part IV, §4.6 1993; Amended Ord. 91 §1 1998)

 

 

            Section 2.04.080         Town Treasurer-Duties. 

 

A.                  Supervision Received.  The Town Treasurer works under the general guidance and direction of the Mayor, Town Council, and/or Town Administrator, if one has been appointed.

 

B.                  Supervision Exercised.  The Town Treasurer exercises supervision over all staff members performing financial duties and responsibilities.

 

C.                  Essential Duties and Responsibilities.  The Town Treasurer shall have the power, duty and responsibility to:

 

1.                  Attend all regular meetings of the Town Council and present a Treasurer’s Report and report of accounts payable at such meetings;

 

2.                  Be responsible for the establishment, control, and maintenance of a system of accounts for the Town, as provided by law.  Such books and accounts shall always be subject to inspection by any member of the Town Council;

 

3.                  Receive all moneys, taxes, revenues and other funds collected by the Town Clerk and credit such receipts or deposits to the appropriate fund or account established by the Town budget, as approved by the Town Council in compliance with State law;

 

4.                  Deposit all funds and moneys collected by the Town Clerk in his/her name as Treasurer in local financial institutions and other investments as authorized by the laws of the State of Colorado and the Town Council;

 

5.                  Keep in her/her office a book, to be called the General Ledger, in which shall be entered at the date of presentation thereof and without any interval or blank line between any such entry and the one preceding it, every Town order, warrant, or other certificate of such Town at any time for payment, whether the same is paid at the time of presentation or not, the number and date of such order, warrant, or certificate, the amount, the date of presentation, the name or the person presenting the same, and the particular fund, if any, upon which the order was drawn.  The General Ledger shall be open at all reasonable hours to inspection and examination of any person desiring to inspect or examine the same;

 

6.                  Serve as the Town’s investment officer pursuant to the directions of the Town Council;

 

7.                  Render an accounting to the Town Council at each regular meeting of the Council, showing the state of the treasury at the date of such accounting and the balance of moneys in the treasury.  He/she shall also accompany such accounting with a statement of all moneys received into the treasury and on what account during the preceding month, together with all warranted redeemed or checks paid by him/her.  Warrants with any vouchers, and all checks paid, shall be appropriately filed in the Treasurer’s records.  He/she shall return all warrants returned by him/her stamped or marked “paid”.  He/she shall keep a register of all warrants and checks paid, and shall describe such warrants and checks paid, and shall describe such warrants and checks and show the date, amount, number, the fund or account from which paid, and the name of the person to whom and when paid;

 

8.                  Shall quarterly make out and file in the Town’s records a full and detailed account of all such receipts and expenditures and all of his/her transactions as Treasurer during the preceding fiscal year and shall show in such account the state of the treasury at the close of the fiscal year on December 31, which accounting he/she shall immediately cause to be posted in a public place in the Treasurer’s office;

 

9.                  Countersign warrants and checks drawn upon the treasury and signed by the Town Clerk or Mayor.  Said check or warrant shall state the particular fund or appropriation to which the same is chargeable and the person to whom payable;

 

10.              Keep the Town Council and the public informed and advised as to the Town’s financial condition;

 

11.              Assist with the preparation of the Town’s annual budget;

 

12.              Maintain an effective working relationship with the public and other personnel;

 

13.              Perform such other duties as deemed appropriate by the Town Council and as provided by applicable law;

 

14.              Staff the Town office from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday; and

 

15.              Shall perform such other duties as deemed appropriate by the Town Council and as provided by applicable law.

 

(Ord. 78 Part IV, §4.7 1993)

 

D.                 Qualifications.  The Town Treasurer shall have at a minimum a high school education supplemented by courses in bookkeeping and experience in maintaining financial and statistical records.  If the Town Treasurer, when appointed, does not have significant experience in municipal accounting, the Town Treasurer shall, upon direction by the Town Council, complete an advanced course in municipal accounting. 

 

(Ord. 78 Part IV §4.8 1993; Amended Ord. 91 §2 1998)

 

            2.04.090          Town Attorney-Duties.  The duties of the Town Attorney shall be as follows:

 

A.                  Act as legal advisor to, and be attorney and counsel for, the Town Council, and shall be responsible solely to the Council.  He/she shall advise any Town officer or department head of the Town in matters relating to his/her official duties when so requested by the Town Council;

 

B.                  Shall prosecute ordinance violations and shall represent the Town in cases before the Municipal Court, as requested by the Town Council;

 

C.                  Shall prepare and review all ordinances, contracts, bonds, and other written instruments which are submitted to him/her by the Council and shall promptly give his/her opinion as to the legal consequences thereof;

 

D.                 Shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the Town;

 

E.                  Shall perform such other duties as may be prescribed for him/her by the Council.

 

(Ord. 78 Part IV, §4.9 1993)

 

F.                   Qualifications.  The Town Attorney shall be a graduate of a duly accredited law school, shall be licensed to practice law in the State of Colorado and shall have substantial experience in the field of local government law. 

 

(Ord. 78 Part IV, §4.10 1993)

 

            2.04.100          Removal or Suspension of Town Officers. 

 

A.  By a majority vote of all members of the Town Council, the Town Administrator, the Town Clerk, Town Treasurer, and Town Attorney may be suspended or removed from office.  No such suspension or removal shall occur without a charge in writing and an opportunity of a hearing being given, unless an officer ceases to reside within the limits of the Town when such residence is required.

 

B.                  Removal or suspension of Town officers only, shall be for cause in accordance with Colorado law.

 

C.                  A hearing on the removal or suspension of a Town officer shall be conducted by the Town Council or by one or more hearing officers who have not personally determined the factual issues in controversary and have no personal financial interest in the outcome of the hearing.  In its sole discretion, the Council may, but need not, appoint an employee of the Town or other person possessing qualifications acceptable to the Council as a hearing officer to hear and receive evidence and render a decision on the law and facts.

 

D.                 At such hearing the Town Council or hearing officer shall have the authority to administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing; set the time and place for continued hearings; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts, or documents to avoid unnecessary proof; limit the number of witnesses and issue appropriate orders to control the subsequent course of the proceeding; dispose of motions; and control decorum and conduct of the proceeding.

 

E.                  All testimony at a hearing on the removal or suspension of a Town officer shall be taken under oath or by affirmation.  However, the hearing need not be conducted according to the technical rules relating to evidence and witnesses.  Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions in courts of this State.  Irrelevant or unduly repetitious evidence shall be excluded.

 

F.                   The burden of proof shall be upon the Town to establish by a preponderance of the evidence that the charges, or any one of them, lodged against the Town officer are true, and that they constitute adequate grounds for removal or suspension.

 

G.                 Each party at a removal or suspension hearing shall have the following rights, among others:

 

1.                  To call and examine witnesses on any matter relevant to the issues of the hearing;

 

2.                  To introduce documentary and physical evidence;

 

3.                  To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

 

4.                  To impeach any witness regardless of which party first called him to testify;

 

5.                  To rebut the evidence against him/her;

 

6.                  To represent himself/herself or to be represented by anyone of his choice who is lawfully permitted to do so.

 

H.                 A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Town Council or the hearing officer.

 

(Ord. 78 Part XII, §12.1 1993)

2.06 Town Officers and Employees

2.06.010          Personnel Handbook.

2.06.020          Employee Job Description.

2.06.030          Contract Officers and Employees.

2.06.040          Town Officers and Employees-Salaries and Hourly Rates.

2.06.050          Officers and Employees Work Periods.

2.06.060          Town Marshal.

 

            2.06.010          Personnel Handbook. 

 

The Town Council shall promulgate from time to time by resolution a Personnel Handbook and all Town officers and employees shall be subject to the provisions of such Handbook.

 

            2.06.020          Employee Job Description. 

 

A.  The Town Council shall promulgate a written job description for each classification.  Said description shall contain the title of the position, a definition of the position, the duties and responsibilities of the position and required qualifications for the position.  A job description may also, in the discretion of the Town Council, contain the rate of pay or a salary range for such position.

 

            B.         Job descriptions and/or job titles may be revised or altered as needed by the Town Council, by resolution, when it is felt that the duties currently being performed are considerably different from those indicated on the current description.  All job title (classification) changes must be accompanied by complete job descriptions before they become effective.

 

(Ord. 78 Part V, § 5.2 1993)

 

            2.06.030          Contract Officers and Employees. 

 

The Town Council may enter into a written contract with any individual officer or employee.  Such contract shall be supplemental to the provisions of this Title.  The provisions of this Title 2 shall supersede any such employment contract when in conflict.

 

            2.06.040          Town Officers and Employees-Wages and Salaries. 

 

The Town Council shall by ordinance or resolution establish the wages and salaries for all officers and employees of the Town.  In considering wage and salary changes, the Town Council shall consider the level or responsibility of the position, meritorious service, longevity, fiscal and economic conditions, as well as comparable salaries in the private and public sector.  Any changes in wages and salaries shall be by ordinance or resolution enacted by the Town Council.  Salary changes may be approved by the Town Council as part of the approval of the Town’s annual budget. 

 

(Ord. 2 §3 1947; Amended Ord. 78, Part IX §9.1 1993)

 

            2.06.050          Officers and Employees Work Periods.

 

A.                  Work Schedules for Non-Exempt Employees.  Work schedules for employees shall be established by the Town Council.  Such work schedule shall be established in accordance with custom and the needs of the Town and may include longer work weeks, different hours and different work days.  Except as otherwise established by the Council, the work week for full-time employees shall consist of at least forty (40) hours within a seven (7) day period running from 12:01 a.m. to midnight on the following Saturday. 

 

(Ord. 78, Part VIII §8.1 1993)

 

B.                  Work Schedules for Officers, Professional and Exempt Employees.  Full time officers, professional, administrative, and other exempt employees who are ineligible for overtime compensation or compensatory time-off, shall work a minimum of thirty-five (35) hours per week or such additional amount as is necessary, in the opinion of the Town Council, to perform his/her duties in a complete and satisfactory manner.  Such officers or employees shall receive no additional compensation or compensatory time-off for work in excess of thirty-five (35) hours per week, in excess of a regular work day/shift, or no holidays. 

 

(Ord. 78, Part VIII §8.2 1993)

 

            2.06.060          Town Marshal.

 

A.                  Marshal’s Department Created.  Pursuant to Section 31-4-306, C.R.S., there is hereby created a Marshal’s Department of the Town of Dinosaur which shall consist of the Town Marshal and as many deputies as may from time to time be determined necessary by the Town Council for the safety and good order of the Town. 

 

(Ord. 94 §1 1998; Amended Ord. 99 §1 2000)

 

B.                  Marshal-Appointment, Tenure, Powers and Duties.

 

1.                  The Town Marshal shall be appointed by the Town Council and shall serve at the pleasure of, and under the supervision, direction and control of the Town Council and/or the Town Administrator.  Such position shall be deemed an “employee” position, not a Town “officer” position.  The Marshal may be removed or discharged in accordance with the Town’s personnel policies.

 

2.                  The Marshall shall, in such capacity, and by name and title, be vested with all powers and duties set forth in Section 31-4-306, C.R.S., as the same may be amended from time to time, and as otherwise provided under the laws of the State of Colorado.

 

(Ord. 94 §2 1998; Amended Ord. 99 §2 2000)

 

C.                  Marshal-Oath and Bond.  The Marshal shall, upon entering upon his duties, take such oath as may be required by the statutes of the State of Colorado or as otherwise determined by the Town Council, and shall provide such security bond as may be required by the Town Council or the Town’s personnel policies. 

 

(Ord. 94 §3 1998; Amended Ord. 99 §3 2000)

 

D.                 Reports.  The Marshall shall render such reports of the activities of the Marshal’s Department as may be required from time to time by the Town Council and shall keep the records of his/her Department open to inspection by the Town Council at any times, unless otherwise provided by the laws of the State of Colorado. 

 

(Ord. 94 §4 1998; Amended Ord. 99 §4 2000)

 

E.                  Deputies.  Deputy Marshals shall be appointed by the Town Council following recommendations from the Marshal.  Such deputies shall be removed or discharged in the manner provided by the Town’s personnel policies.  Deputies shall be under the direct control and supervision of the Marshal, who may adopt further personnel policies so long as such policies are not inconsistent with the Town’s general personnel policies.  The Town Council shall be advised of any such policies promulgated by the Marshal and shall have the power to amend or set them aside. 

 

(Ord. 99 §5 2000)

 

F.                   Rules and Regulations.  The Marshal’s Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be established by the Town Marshal with the approval of the Town Council, or as otherwise promulgated by the Town Council or by the laws of the State of Colorado. 

 

(Ord. 94 §6 1998; Amended Ord. 99 §6 2000)

 

2.08 Procedure for Hearings

2.08.010          Purpose and Applicability.

2.08.020          Quasi-Judicial Hearings.

2.08.030          Rules of Procedure.

2.08.040          Rights of Participants.

2.08.050          Order of Procedure.

2.08.060          Appointment of Hearing Officer.

2.08.070          Deliberation and Notice of Decision.

2.08.080          Judicial Enforcement and Review.

 

2.08.010          Purpose and Applicability. 

The purpose of this Chapter is to provide a uniform, consistent, and expeditious method of procedure for the conduct of all quasi-judicial hearings held before the Town Council; any board, commission, official or employee of the Town; or any hearing officer appointed to hear and receive evidence and render a decision on the law and facts.  The provisions of this Chapter shall be applied uniformly in all applicable hearings. Provided, however, the rules contained in this Chapter may be supplemented by the adoption of further rules of procedure by the hearing body, official, employee, or hearing officer, not inconsistent therewith.  All rules adopted to supplement the provisions of this Chapter by any board, commission, official, employee, or hearing officer, shall be reduced to writing and copies thereof shall be made available to the public.

 

2.08.020          Quasi‑judicial Hearings. 

The provisions of this Chapter shall be applicable only to those hearings where the Town Council, board, commission, official, employee, or duly-appointed hearing officer is called upon to exercise powers of a judicial or quasi-judicial nature which shall include, but not be limited to, the following:

 

A.         Hearings before the Town Council upon application for the issuance of, or renewal of, or hearings for the suspension or revocation of, a liquor or fermented malt beverage license.

 

B.         Hearings before any board, commission, or official appealing the issuance, suspension, or revocation of other licenses issued by the Town, where such an appeal is otherwise authorized, and which requires an evidentiary hearing to determine such appeal. 

 

C.         All land use and development hearings conducted pursuant to Title 14 of the Dinosaur Municipal Code.

 

D.         Personnel hearings.

 

E.         Appeals from any decision of the Building Official. 

 

F.         All appeals from the decisions of any Town official, board, or commission, where such an appeal is otherwise authorized, and which requires an evidentiary hearing to determine such appeal.

 

2.08.030          Rules of Procedure. 

All quasi-judicial hearings shall be conducted under procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following:

 

A.         The board, commission, official, employee, or duly-appointed hearing officer conducting the hearing shall have authority to administer oaths and affirmations; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying, or photocopying; regulate the course of the hearing; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts, or documents to avoid unnecessary proof, and limitation of the number of witnesses; issue appropriate orders to control the subsequent course of the proceedings; dispose of motions; and control the decorum and conduct of the proceeding.

 

B.         Any Town board, commission, official, employee, or duly-appointed hearing officer conducting a quasi-judicial hearing shall have the power to issue subpoenas compelling testimony or the production of documents. Pursuant to Section 13‑10‑112(2), C.R.S., as amended, the Dinosaur Municipal Judge shall have the power to enforce said subpoenas. 

 

C.         All testimony may be taken under oath or by affirmation in the discretion of the board, commission, official, employee or hearing officer conducting the hearing.

 

D.         The hearing need not be conducted according to the technical rules relating to evidence and witnesses.

 

E.         Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State.

 

F.         Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law, statute, or court rules which might make improper the admission of such evidence.  Evidence which is reasonably reliable and calculated to aid the hearing body, official, or officer, in reaching an accurate determination of the issues involved may be considered.

 

G.         Irrelevant and unduly repetitious evidence shall be excluded. 

  

H.         The board, commission, official, employee, or hearing officer conducting the hearing shall be permitted at the hearing to continue the hearing, for good cause, to another date, time, and place.  In such an event, no advertised public notice of such continued hearing shall be required. 

 

I.          In reaching a decision, official notice may be taken, whether before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State, or of official records of the Town, and ordinances, rules, and regulations of the Town. Interested parties present at the hearing shall be informed of the matters to be noticed and these matters shall be noted in the record, referred to therein, or appended thereto. 

 

Interested parties shall be given a reasonable opportunity, upon request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.

 

J.          All hearings shall be open to the public unless otherwise authorized or permitted by applicable law.

 

K.         A record of the entire proceedings shall be made by tape recording, or any other means of permanent recording determined to be appropriate by the Town board, commission, official, employee, or duly-appointed hearing officer conducting the hearing.

 

2.08.040          Rights of Participants. 

Each interested party participating in a quasi-judicial hearing shall have these rights, among others: 

 

A.         To call and examine witnesses on any matter relevant to the issues of the hearing.

 

B.         To introduce documentary and physical evidence. 

 

C.         To cross-examine opposing witnesses on any matter relevant to the issues of the hearing.

 

D.         To rebut the evidence presented.

 

E.         To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

 

2.08.050          Order of Procedure. 

In all quasi-judicial hearings, the following order of procedure shall be followed, unless otherwise determined by the body or person conducting the hearing:

 

A.         Presentation of those documents showing the regularity of the commencement of the proceedings and the form of the public notice given, if required.

 

B.         Presentation of evidence by the applicant, petitioner, appealing party, or complainant.

 

C.         Presentation of evidence in support of the applicant, petitioner, appealing party, or complainant by any other person. 

 

D.         Presentation of evidence from any person opposing the application, petition, appeal, or complaint. 

 

E.         Presentation of evidence in rebuttal to the matters presented by the opposing party.

 

F.         All documents or other items of physical evidence shall be marked as exhibits with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person. 

 

2.08.060          Appointment of Hearing Officer. 

In any hearing upon application for the issuance of, or renewal of, or hearing for the suspension or revocation of, a liquor or fermented malt beverage license; any personnel hearing; and any other hearing when it is necessary to avoid a conflict of interest, the Town council, commission, official, or employee called upon to render a decision may appoint one or more hearing officers who have not determined the factual issues in controversy and have no personal financial interest in the outcome of the hearing to conduct the required hearing.  The hearing officer shall hear and receive evidence and render a decision on the applicable law and the facts.  The hearing officer shall have all the authority possessed by the Town Council, commission, official, or employee to render decisions, except, if required by applicable law, only the Town Council, commission, official, or employee possessing the authority, shall take formal action on the matters at issue, following issuance of the hearing officer’s decision on the law and facts. 

 

2.08.070          Deliberation and Notice of Decision. 

If the final decision or formal action is required to be made by a Town board or commission, no decision or formal action shall be effective, except upon a vote of the members of said board or commission, conducted in an open session thereof, which shall be duly recorded in the minutes of the Town board or commission.  No member of a board or commission who did not hear the evidence or has not read the entire record of proceedings shall vote or take part in the factual determination.  The Town council, commission, official, employee, or duly-appointed hearing officer may issue an oral decision immediately upon conclusion of the evidentiary hearing.  If no decision is issued at the hearing, said decision shall be rendered in writing within the time limits provided by applicable law.  If no specific time limit is provided, the decision shall be rendered no later than twenty (20) days following the conclusion of the hearing.  Said written decision shall contain findings of fact and conclusions of law, setting forth the grounds of the decision, based on the evidence presented at the hearing.  Copies of the written decision shall be delivered to the applicant, petitioner, appellant, complainant, and other interested parties requesting the same unless otherwise prohibited by applicable law. 

 

            2.08.080          Judicial Enforcement and Review. 

 

Any party aggrieved by any decision rendered by the hearing body, official, employee, or duly-appointed hearing officer in any quasi-judicial hearing, may apply to have said decision reviewed by a court of competent jurisdiction, in accordance with the provisions of the Colorado Rules of Civil Procedure, and any other applicable law.  Said appeal shall be filed with the court within thirty (30) days following the issuance of the final decision or the formal action.

2.10 Procurement Code

2.10.010          Purpose and Scope.

2.10.020          Definitions.

2.10.030          Powers and Duties of Purchasing Agent.

2.10.040          Methods and Procedures for Source Selection.

2.10.050          Purchasing Authority and Process.

2.10.060          Local Preference.

2.10.070          Division of Contracts Prohibited.

2.10.080          Recurring Purchases.

2.10.090          Disposition of Surplus Personal Property.

 

            2.10.010          Purpose and Scope. 

The purpose of this Chapter is to set forth the procedures that the Town will follow in purchasing equipment, materials, vehicles, and other tangible personal property and obtaining professional and consulting services.

 

            2.10.020          Definitions. 

As used in this Chapter, the following definitions shall apply.

 

A.                  Bid blanks means forms to be completed, which may also state requirements for additional written information, in connection with the submission of sealed competitive bids.

 

B.                  Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

 

C.                  Local equipment means equipment such as tools, vehicles, excavators, graders, and other equipment that is primarily stored and located in Moffat or Rio Blanco Counties, Colorado.

 

D.                 Local goods means goods, materials or supplies that are harvested, mined, produced, manufactured, sold, distributed, or assembled in Moffat or Rio Blanco Counties, Colorado.

 

E.                  Local services means labor or services provided by residents of Moffat or Rio Blanco Counties, Colorado.

 

F.                   Lowest qualified bidder means the bidder with the lowest price and the highest qualifications, based on the following criteria: (1) the ability, capacity and skill of the bidder to perform under the contract or furnish the supplies required; (2) whether the bidder can perform the contract or furnish the supplies promptly or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience, and efficiency of the bidder; (4) the quality of performance on previous contracts, if any; (5) previous and existing compliance by the bidder with laws, ordinances, and regulations relating to the contract or service; (6) sufficiency of financial resources and ability of the bidder to perform the contract or furnish the supplies; (7) the ability of the bidder to provide future maintenance and service; (8) the extent to which the bidder commits to using local goods, local equipment, and local services when practical and efficient to do so; and (9) the response to the invitation for bids.

 

G.                 Purchasing Agent means the Town Administrator or such other person as may be authorized by the Town Council to act as Purchasing Agent for any particular transaction.

 

            2.10.030          Powers and Duties of Purchasing Agent.

 

A.                  The Town Council hereby authorizes the Purchasing Agent to exercise purchasing authority subject to the provisions of this Chapter.  The Purchasing Agent may delegate purchasing duties to members of the Town staff under his supervision and direction.  The Town Council hereby delegates authority to the Purchasing Agent to execute contracts, work orders, notices to proceed, and other documents in connection with procurements authorized in accordance with this Chapter.

 

B.                  The Purchasing Agent’s general duties and powers are as follows:

 

1.                  Procure for the Town the highest quality in supplies and services at the least reasonable expense to the Town.

 

2.                  Consolidate purchases in bulk quantities when practical to maximize economic benefit to the Town.  Quantities purchased should represent a reasonable balance based on transportation costs, quantity discount, price, budget, cost, and storage capabilities.

 

3.                  Endeavor to obtain as full and open competition as is practical for all purchases and sales.

 

4.                  Enforce the terms and conditions of contracts and purchase orders with all vendors and suppliers, and to declare vendors who default on their quotations or contracts as noncompliant bidders who may be disqualified from receiving any business from the Town for a stated period of time.

 

5.                  Secure all applicable federal and state tax exemptions for the Town on purchases and contracts.

 

6.                  Apply for and obtain such grants as may be available to defray the costs of purchases and contracts.

 

7.                  Coordinate with the finance department to secure the maximum efficiency in budgeting and accounting.

 

8.                  Consult with professionals such as attorneys and engineers hired in conformance with this Chapter to draft and review contracts, plans, specifications, and other documents and to supervise work in connection with procurements.

 

            2.10.040          Methods and Procedures for Source Selection. 

Subject to the provisions of Section 2.10.040(B), below, the following methods may be applied for procurement. 

 

A.                  Sole Source Procurement.  Procurements may be made without competition when the Purchasing Agent reasonably determines, after conducting a good faith review of available sources, that there is only one viable and reasonable source within the relevant supply area for the required supply, service or construction item.  The Purchasing Agent shall conduct negotiations, as appropriate, as to price, delivery, and terms.

 

B.                  Emergency Procurement.  Notwithstanding any other provisions of this Chapter, the Purchasing Agent may make or authorize others to make emergency procurement of supplies, services or construction items when there exists a threat to public health, safety or welfare and when the purchase cannot reasonably be delayed for review by the Town Council.  All emergency procurements shall not exceed the sum of $10,000 in any single fiscal year; provided that the Town Council may increase this limitation at any time by resolution for the current and/or future fiscal years, subject to all budgeting and appropriation requirements.  The Purchasing Agent shall encourage competition for emergency procurements to the extent practicable under the circumstances, but strict compliance with any other procurement method described in this section not be required.  All emergency procurements shall be reported to the Town Council at the next available meeting. 

 

C.                  Open Market.  Open market purchases involve an informal evaluation of price, quality, convenience and service from any source and the exercise of sound decision-making by the Purchasing Agent based on such information.

 

D.                 Comparative Pricing.  For purchases based on comparative pricing, the Purchasing Agent shall solicit quotes from no fewer than three (3) vendors/suppliers, unless it is impracticable under the circumstances to obtain three (3) quotes.  Quotes may be solicited orally or in writing at the discretion of the Purchasing Agent.

 

E.                  Requests for Proposals (RFPs).  RFPs shall be in writing and shall be distributed to a minimum of three (3) firms or individuals to be selected by the Purchasing Agent.  The Purchasing Agent shall also have the discretion to solicit RFPs by advertising in a newspaper or other publication, by posting the RFP in a public place, or by posting the RFP on a website, listserve, or by other electronic means.  The RFP may, but does not need to be, directed to the public at large.

 

F.                   Competitive Bidding.

 

1.                  Notice to Bidders.  An invitation for bids shall be published by any one or more of the following methods: (a) advertisement in a local newspaper of general circulation as defined by Section 1.04.010 at least twice; (b) posting on the Town’s official website; and/or (c) posting at Town Hall and all other official public posting sites as determined by the Board of Trustees for the posting of public meeting notices.  The notice shall be published at least ten (10) days prior to the date for bid opening, which deadline shall apply to the second publication if newspaper advertisement is utilized.  The notice shall include a general description of the materials and/or services to be procured; the place where bid blanks and specifications may be obtained; the closing date and time for acceptance of bids; a statement that all bids shall be submitted to the Town Clerk; the time and place for opening bids; the need for bonding, if applicable; and the reservation by the Town of the right to reject any and all bids.  In addition to the formal publication requirements described above, the Purchasing Agent shall have the authority to give informal notice of the invitation for bids to such potential vendors as the Purchasing Agent deems appropriate.

 

2.                  Bid Requirements.  To be considered as a qualifying bid, each bid shall comply with the following:

 

a.                  Bids shall be in writing and signed by an authorized representative of the bidder, enclosed in a sealed envelope, and filed with the Town Clerk by the deadline stated in the invitation for bids.  Bids shall include all information required by the bid blanks and specifications.

 

b.                  Only one (1) bid may be submitted per bidder.  If a bidder submits multiple bids, then all bids of that bidder shall be rejected; provided, however, a bidder may withdraw a bid up until twenty-four (24) hours prior to the bid opening and, once withdrawn, may submit a new bid.

 

3.                  Withdrawal/Correction of Bids.  Bids may be withdrawn up to twenty-four (24) hours prior to expiration of the deadline for submitting bids.  An otherwise low bidder shall be permitted to correct a material mistake in his or her bid, including price, when the intended bid is obvious from the bid document or is otherwise supported by proof that has evidentiary value as determined by the Purchasing Agent.  A low bidder shall not be permitted to correct a bid for mistakes or errors in judgment.

 

4.                  Waiver of Informalities in Bids.  The Purchasing Agent may waive informalities in a bid if (a) the item is only a matter of form or is an immaterial variation from the exact requirements of the invitation for bids; (b) the item being waived has trivial or no effect on price, quality, quantity, delivery, or performance, and (c) such a waiver would not affect the relative standing of bidders or otherwise prejudice other bidders.

 

5.                  Bid Opening Procedure.  At the time and place specified in the notice for bids, the Purchasing Agent shall open the sealed bids in public.  The Purchasing Agent shall announce the names of those who have bid and the amounts of the bids and shall state whether any bids submitted have been withdrawn.  As the bids are opened, such details as the Purchasing Agent deems appropriate shall be read and copied on a bid tally record, which shall be open for public inspection.  The person recording the bids shall sign the tally sheet.

 

6.                  Bid Evaluation; Award.  The Purchasing Agent shall perform a review and analysis of all tabulated bids.  Evaluation criteria include price, quantity and/or quality offered, qualifications of the bidder, and capacity to fulfill all requirements of the contract.  All awards shall be made by the Board of Trustees by written notice to the bidder.  Alternate bids may be awarded whenever deemed necessary by the Town.  The Town need not award a bid to the lowest responsive and responsible bidder, but rather the bid shall be awarded to the bidder who, in the sole discretion of the awarding authority, provides the best overall value to the Town based on the evaluation criteria described in this Chapter.

 

7.                  Rejection of Bids.  The Purchasing Agent may reject all or any part of a bid (unless the bid expressly excludes the ability to partially accept the bid) when it is determined to be in the best interest of the Town, or if the vendor or contractor is in default on the payment of taxes, license fees, or other sums due to the Town.

 

8.                  Nonresponsive Vendor.  Any vendor/bidder who fails to comply with the terms of an awarded contract, quote or purchase order, or the required specifications contained in the bid, may be declared a nonresponsive bidder/vendor by the Purchasing Agent. 

 

9.                  Bonding; Conditions.  For a contract awarded based on a bonded competitive bid, the successful bidder shall be required at the time the contract is executed to deliver to the Town a contractor’s performance bond, a labor and material payment bond, or other surety acceptable to the Town in the amount of one hundred percent (100%) of the contract price.  Such contractor shall promptly perform all work required by the contract on behalf of the Town and shall promptly pay all amounts lawfully due to all persons supplying or furnishing labor or materials used or performed in the prosecution of the work provide for in such contract.  Further, the contractor shall indemnify and hold the Town harmless for all payments or liabilities arising from the execution of the terms of the contract.

 

            2.10.050          Purchasing Authority and Process. 

 

            The purchasing authority and process required for all types and amounts of procurements shall be as follows, provided that all monetary limits set forth in this Section are maximum ceilings, and nothing shall prohibit the Purchasing Agent from utilizing a higher level process than required by this Section or from requesting Board consideration of a purchase when not required.

 

            For purposes of this Section, the “Estimated Contract Amount” shall be cumulative with respect to all contracts with a given vendor in a calendar year that are awarded by any means other than RFP, competitive bid.  By way of illustration, if a vendor has previously been awarded a construction contract for $50,000 in a calendar year under the comparative pricing method, then such vendor shall not be eligible to be awarded another construction contract in that year unless the Town utilizes the RFP, competitive bid, or bonded competitive bid process for such new contract.  

 

A.                  Equipment.

 

1.                  Authority.  The Town Council must approve all awards of contracts for acquisition of new or replacement of equipment that exceed $10,000.

 

2.                  Required Procedures.

 

Estimated Contract Amount

Process

Less than $5,000

Open market

$5,000 to $50,000

Comparative pricing or RFP

Greater than $50,000

Competitive bid

 

B.                  Change Orders.

 

            The Town Administrator shall have authority to approve and execute written change orders with respect to any procurement authorized by this Chapter; provided that the aggregate sum of all change orders for a given contract shall not exceed $10,000 without approval by the Town Council.  However, the Town Council shall have the authority to supersede this provision and to dictate more restrictive or less restrictive authority to the Town Administrator to approve and execute change orders by including specific provisions to such effect in any original contract approved by the Council.

 

            If a contract was approved through competitive bidding, and if one or more change orders will increase the total contract price by more than 50% of the original contract price, then the Council may, in its sole discretion, require that the change order be treated as a separate contract subject to new bidding in accordance with this Chapter. 

 

            Additionally, or in the alternative, the Board may require that the contracted vendor solicit new competitive bids from subcontractors and/or suppliers prior to approving any change order. 

 

C.                  Materials, Supplies, Nonprofessional and Technical Services.

 

1.                  Authority.  The Town Council must approve all awards of contracts for materials, supplies, and for nonprofessional or technical services (including IT services) that exceed $10,000.

 

2.                  Required Procedures.

                       

Estimated Contract Amount

Process

Less than $5,000

Open market

$5,000 or more but less than $50,000

Comparative pricing or RFP

$50,000 or more

Competitive bid

 

D.                 Professional Services.

 

1.                  Authority.  Except for appointed positions as addressed in subsection (3), below, the Board of Trustees must approve all awards of contracts for professional services anticipated to exceed $10,000 per year for any single vendor.

 

2.                  Required Procedures.

           

Estimated Contract Amount

Process

Less than $5,000

Open market

$5,000 or more but less than $50,000

Comparative pricing or RFP

$50,000 or more

Competitive bid

 

3.                  Appointed Positions.

 

The Town Council shall be responsible to approve the retention of any outside professional to serve as an appointed official for the Town, including but not limited to the Town Attorney, Town Engineer, Town Planner, and Town Building Official, utilizing whatever method or procedure the Town Council deems appropriate in its sole discretion.  Notwithstanding any written proposal, rate sheet, or agreement to the contrary, all such persons shall serve at the pleasure of the Town Council on such terms as the Council may decide in its discretion and may be removed from office at any time, with or without cause.  No professional serving in such an appointed position shall be entitled to any guaranteed minimum or maximum compensation, and the prospective rates and fees for future work of such professionals shall be subject to review by the Town Council at any time the Council deems appropriate.  If an appointed position becomes vacant, then the Town Administrator shall have the authority to retain professionals to provide interim services in accordance with his authority under subsections (1) and (2), above.  Because no professional retained to serve as an appointed official shall have any right or expectation of continued appointment, the terms of compensation for such an appointment shall, to the fullest extent permitted by law, be deemed not to be a “sole source government contract” within the meaning of Article XXVIII of the Colorado Constitution.  The Town Council shall have the discretion to determine when potential work by an outside professional would fall outside the scope of his or her duties as an appointed official such that other procedures in this Chapter would apply.

 

E.                  Utilities and Utility Equipment.  The Purchasing Agent shall have the authority to secure utility services, including necessary equipment therefore, using a sole source procedure.

 

F.                   Real Property (including land with or without existing improvements, easements, rights of way, and water rights).  Acquisition of real property interests shall be made by sole source or open market procedures; provided that all such acquisitions in excess of $10,000 shall require authorization by the Town Council.

 

            2.10.060          Local Preference. 

It is the goal of the Town to utilize local equipment, local goods, and local services in order to provide employment opportunities to area residence when it is feasible and efficient to do so as determined by the Purchasing Agent in his discretion. 

 

            2.10.070          Division of Contracts Prohibited. 

No contracts or purchases shall be divided to avoid the procedural requirements of this Chapter.

 

            2.10.080          Recurring Purchases. 

Quotes obtained for routine purchases of supplies, equipment or materials under open market, comparative pricing, or RFP procedures may be deemed valid for a period of two (2) years from the date of the quote.  The Purchasing Agent is not required to obtain revised quotes for such items during the two-year period, provided that the vendor is informed of the Town’s intention to make repeated purchases at the time of the initial purchase.

 

            2.10.090          Disposition of Surplus Personal Property. 

The Purchasing Agent has the power to declare personal property (materials, supplies, and/or equipment) of the Town surplus or obsolete.  In the event the Purchasing Agent desires to divest the Town of surplus or obsolete personal property, he or she shall first establish a reasonable estimate of the value of the property.  If the estimated value of any one item, or if the aggregate value of all items to be offered at a given time, is one thousand dollars ($1,000.00) or more, the Purchasing Agent shall obtain the approval of Town Council to offer the property for sale.  All sales of personal property with an estimated value of one thousand dollars ($1,000.00) or more shall be offered for sale by advertising for sealed bids in a newspaper of general circulation in the Town, unless otherwise approved by Town Council.  The Purchasing Agent shall oversee the opening, review, and award of the sealed bids.  In the event no bids are received on an item, the Purchasing Agent shall so inform Town Council, who will direct whether to re-offer the item for sale at a later time, or whether to otherwise dispose of the item. 

 

            As an alternative, the Purchasing Agent may elect to dispose of such property through an advertised public auction.

 

If the estimated value of the property is less than one thousand dollars ($1,000.00) the Purchasing Agent may use his or her discretion to offer the item for sale (through public bid or private means), to donate the item, or to dispose of the item. 

 

In the event of disposal the Purchasing Agent is to use his or her best efforts to recycle all or part of the item, as appropriate.  The Purchasing Agent shall report to the Town Council the manner and terms of all dispositions of surplus property.

2.14 Planning and Zoning Commission

2.14.010          Created.

2.14.020          Membership—Term--Vacancy.

2.14.030          Residence Requirement—Compensation.

2.14.040          Terms--Election of Officers.

2.14.050          Powers and Duties.

2.14.060          Additional Duties.

2.14.070          Master Plan Preparation.

 

     

2.14.010          Created. 

Pursuant to the authority conferred by Article 23, Chapter 31, Colorado Revised Statutes, as amended, there is created a Planning Commission and Zoning Commission for the Town.  The members of the Planning Commission shall also serve, and are appointed as the Zoning Commission.

 

2.14.020          Membership—Term--Vacancy. 

A.  The Town Planning Commission shall have five (5) members, consisting of the Mayor and a member of the Board of Trustees as ex officio members, and three (3) persons appointed by the Mayor.  The term of each member shall be for a period of four (4) years or until his successor takes office; except for the terms of those members of the public appointed to the Commission, the term of one (1) member shall be for a period of two (2) years, the term of one (1) member shall be for a period of three (3) years, and the term of one (1) member shall be for a period of four (4) years.  A term shall be deemed to end on the fifteenth (15th) day of May of the appropriate year.  The terms of the appointees shall be fixed and designated by the Mayor at the time of appointment.  All appointed members of the Commission shall be eligible for reappointment by the Mayor.  Nothing contained herein shall in any way constitute removal of existing members of the Planning Commission at the time of enactment of the Ordinance codified in this Chapter.

     

B.         In the event of a vacancy in the office of any member of the Planning Commission by reason of death, resignation or removal, the Mayor shall declare a vacancy in office and shall appoint some qualified person, in the concurrence of the Board of Trustees, for the remainder of such term.  In the event any appointed member is guilty of misconduct, neglect of duty, or malfeasance in office, the Mayor, after public hearing, shall have the right to remove such member from office and to appoint some other qualified person to such office for the remainder of such term. 

 

2.14.030          Residence Requirement--Compensation. 

All members of the Planning and Zoning Commission shall be bona fide residents of the Town, and if any member ceases to reside in the Town, his membership shall immediately terminate.  All members of the Commission shall serve as such without compensation, and the appointed members shall hold no other municipal office, except for that member who is a member of the Zoning Board of Adjustment of the Town. 

 

2.14.040          Terms--Election of Officers. 

The Planning and Zoning Commission shall elect its chairman from its members and create and fill such other of its offices as it may determine.  The term of the chairman shall be for one (1) year, with eligibility for reelection.  The Commission shall hold at least one (1) regular meeting in each month.  It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record. 

 

2.14.050          Powers and Duties. 

The Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the Town.  The Commission may also, with the consent of the Board, contract with Town planners, engineers and architects and other consultants for such services as it may require.  The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Board which shall provide the funds, equipment and accommodations necessary for the Commission’s work.

 

2.14.060          Additional Duties. 

The Commission shall have all the powers and perform each and all of the duties specified by Chapter 31, Article 23, Colorado Revised Statutes, as amended, together with any other duties or authority which may hereafter be conferred upon them by the laws of the State.  The performance of such duties and the exercise of such authority is to be subject to each and all of the limitations expressed in such legislative enactment or enactments.

     

2.14.070          Master Plan Preparation. 

In the preparation of a master plan, the Planning Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality with due regard to its relations to neighboring territory.  The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including among other things, adequate provision for traffic, the promotion of safety from fire, flood, water and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.

 

 

3.02.010 Write-In Affidavit Required

3.02.010          Write-In Candidate Affidavit Required.

 

            3.02.010          Write-In Candidate Affidavit Required. 

No write-in vote for any municipal office shall be counted at a regular or special municipal election unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to SIXTY-FOUR (64) days before the date of the election.  This affidavit shall indicate that the person desires the office and is qualified to assume the duties of the office if elected.

3.02.020 Election May Be Cancelled When Only One Candidate

3.02.020          Election May Be Cancelled When Only One Candidate.

 

3.02.020          Election May Be Cancelled When Only One Candidate

If at any general or special municipal election, if the only matter before the voters is the election of persons to office and if, at the close of business on the SIXTY-FOURTH (64th) day before the election, there are not more candidates than offices to be filled at such an election, including candidates filing affidavits of intent as provided in Section 3.02.010 of the Dinosaur Municipal Code, the Town Council by resolution adopted either before or after such date may instruct the Town Clerk to cancel the election and declare the candidates elected. In such case, the Clerk shall cancel the election.  Upon such declaration the candidate(s) shall be deemed elected.  Notice of the cancellation of the election shall be published, if possible, in order to inform the electors of the Town, and notice of the cancellation of the election shall be posted at each polling place and in not less than one (1) other public place.

 

 

4.04 Investment Policy

4.04.010          Purpose.

4.04.020          Definitions.

4.04.030          Investments of Officers.

4.04.040          Pooling of Assets.

4.04.050          Competitive Selection of Investment Instruments.

4.04.060          Reporting Requirements.

 

            4.04.010          Purpose. 

            A.  The purpose of the Town’s investment policy is to manage the Town’s cash assets in a manner which will maximize return while controlling and minimizing risk.     

            B.         The Town’s investments shall comply with all State and federal laws governing investment of public entity funds.  The investment policy shall serve to assure the Board as to the safety of the funds, that adequate funds are available at all times to meet the financial obligations of the Town when due and earn a market rate of return on the funds available for investment throughout the budget cycle.

 

            4.04.020          Definitions. 

As used in this Chapter:  “Public entity” means the Town; any local government investment pool organized pursuant to Section 4.04.040; any public entity insurance pool organized pursuant to State law; and any other entity, organization or corporation formed by intergovernmental agreement or other contract between or among the State of Colorado; any institution, agency, instrumentality, authority, county, municipality, city and county, district or other political subdivision of the State, including any school district and institution of higher education; any institution, department, agency, instrumentality or authority of any of the foregoing, including any county or municipal housing authority.      

 

“Public funds” means any funds in the custody, possession or control of the Town; any funds over which the Town has investment control; any funds over which the Town would have investment control but for the entity’s delegation of that control to another person; and any funds over which another person exercises investment control on behalf of or for the benefit of the Town.

 

“Public funds” includes, but is not limited to, proceeds of the sale of securities of the Town and proceeds of certificates of participation or other securities evidencing rights in payments to be made by the Town under a lease, lease-purchase agreement or other similar arrangement, regardless of whether such proceeds are held by the public entity, a third-party trustee or any other person.

 

“Short-term” investments are those having a maturity date of one (1) year or less from the date of investment. 

 

“Long-term” investments are those having a maturity date in excess of one (1) year from the date of investment.

 

“Local institutions” are those financial institutions located in Moffat County, Colorado.

 

            4.04.030          Investments of Officer. 

          A.  Pursuant to Title 2 of this Code, the Treasurer is responsible for the administration of the financial affairs of the Town including having custody of all public funds belonging to or under the control of the Town and is designated the Town’s investment officer.

     

B.         In the absence of the Treasurer, the Clerk shall be designated as the investment officer. In the absence of the Treasurer and the Clerk, the Mayor shall designate another individual as the investment officer.

     

C.         The designated investment officer shall be restricted in the investment of Town funds to certificate of deposit investments in local financial institutions and other investments as authorized by Title 24, Article 75, C.R.S., at the discretion of the investment officer, unless otherwise directed by the Town Council.

 

            4.04.040          Pooling of Assets. 

To maximize the effective investment of assets, the investment officer may pool all funds having excess available moneys into one (1) account for investment purposes.  The income derived from pool investments will be distributed to the various funds based on each fund’s pro rata share of the total investment.

 

            4.04.050          Competitive Selection of Investment Instruments. 

A list of qualified local institutions, providing proof that they are an eligible public depository and providing, at least annually, a report of financial condition, shall be maintained for use in obtaining competitive bid quotes by the investment officer on certificates of deposit.  A record of bids offered, bids accepted and the rationale used in selecting the bid shall be kept for a period of one (1) year.

 

            4.04.060          Reporting Requirements. 

At least monthly, or as otherwise directed by the Mayor, a list of all investments for all Town accounts shall be prepared for inclusion in a monthly report.  Such report shall include the amount, instrument location, rate and/or yield, date of maturity, and the funds to which the investment will accrue.

4.08 Sales Tax

4.08.010          Purpose.

4.08.020          Definitions.

4.08.030          License Required; Application and Renewal.

4.08.040          Amount of Sales Tax and Schedule.

4.08.050          Sales Tax-Capital Improvement Fund.

4.08.060          Special Sales Tax; Retail Marijuana and Retail Marijuana Products.

4.08.070          General Provisions.

 

            4.08.010          Purpose. 

The purpose of this Title is to impose a municipal sales tax upon the sale of tangible personal property at retail and the furnishing of certain services within the Town of Dinosaur, Colorado, in accordance with the provisions of Article 2, Title 29, C.R.S., as amended. 

(Ord. 103 §1.1 2001)

 

            4.08.020          Definitions. 

For the purpose of this Chapter, the definitions of the words herein contained shall be as defined in Section 39-26-102, C.R.S., as amended from time to time and said definitions are incorporated herein by this reference.

 

A.                  Town.  The word “Town” shall mean the Town of Dinosaur, a duly incorporated municipality within the boundaries of Moffat County, State of Colorado.

 (Ord 103 §§2.1 & 2.2 2001)

 

4.08.030          License Required; Application and Renewal. 

A.  It is unlawful for any person to engage in the business of selling tangible personal property at retail without first having obtained a license therefor.  Such license shall be granted and issued by the Town Clerk and shall be in force and effect until the thirty-first (31st) day of December of the year in which it is issued, unless sooner revoked.

 

B.                  Such licenses shall be granted and renewed only upon application stating the name and address of the person desiring such a license, the name of such business and the location and such other facts as the Town Clerk may require.

 

C.                  It shall be the duty of each licensee on or before January 1st of each year during which this Chapter remains in effect to obtain a renewal thereof if the licensee remains in the retail business of liable to account for the tax herein provided, but nothing herein contained shall be construed to empower the Town Clerk to refuse such renewal except revocation for cause of licensee’s prior license.

 

D.                 In case business is transacted at one (1) or more separate premises by one (1) person, a separate license for each place of business shall be required.

 

E.                  Any person engaged in the business of selling tangible personal property at retail or furnishing of services in the Town, without having secured a license therefor, except as specifically provided herein, shall be guilty of a violation of this Chapter.

     

F.                   Each license shall be numbered and shall show the name, residence, place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued.  No license shall be transferable.

     

G.                 No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this Chapter.

 

            4.08.040          Amount of Sales Tax and Schedule.

 

A.                  There is hereby levied and there shall be collected and paid a municipal sales tax of two point one percent (2.1%) upon the sale of tangible personal property at retail and furnishing of certain services as provided in “The Emergency Retail Sales Tax Act of 1935” set forth in Article 26 of Title 39, C.R.S., as amended, which provisions are incorporated herein by this reference.

 

B.                  The imposition of the tax on the sale of tangible personal property at retail and the furnishing of certain services subject to this tax shall be in accordance with the schedules set forth in the rules and regulations of the Colorado Department of Revenue and in accordance with any regulations that may be enacted by separate ordinance of the Town of Dinosaur.

 

(Ord 103 §3.1 2001)

 

C.                  Property and Services Taxed.

 

1.                  There is hereby levied and there shall be collected and paid a municipal sales tax in the amount set forth above in subsection (A) of this Section, upon the sale of tangible personal property at retail and the furnishing of certain services, as provided in “The Emergency Retail Sales Tax Act of 1935”, Article 26 of Title 39, C.R.S., as amended, which provisions are incorporated herein by this reference, including purchases of machinery, machine tools, and food.  The tangible personal property and services taxable pursuant to this Chapter shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-104, C.R.S., as amended, and subject to the same exemptions as those specified in Section 39-26-114, C.R.S., as amended except the exemptions allowed for purchases of machinery, machine tools and food by Section 39-24-114, C.R.S., as amended.

 

2.                  The amount subject to tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S., as amended.

 

3.                  The gross receipts derived from sales shall include delivery charges, when such charges are subject to the State sales and use tax imposed by Article 26 of Title 39, C.R.S., as amended regardless of the place to which delivery is made.

 

4.                  Notwithstanding any other provisions of this Chapter to the contrary, the municipal sales tax imposed herein shall not apply to the sale of construction and building materials, as the term is used and defined in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the Town evidencing that a local use tax on such materials has been paid or is required to be paid.

 

(Ord 103 §3.2 2001)

 

D.                 Exemptions-Designated.

 

1.            There shall be exempt from municipal taxation under the provisions of this Chapter, all of the tangible personal property and service which are exempt under the provisions of “The Emergency Retail Sales Tax Act of 1935” as set forth in Article 26, Title 39, C.R.S., as amended, which exemptions are incorporated herein by this reference, except the exemption specified in Section 39-26-114(11), C.R.S., as amended for purchases of machinery or machine tools and except the exemption for sales of food specified in Section 39-26-114(1)(a)(XX), C.R.S., as amended.

 

2.                  All sales and purchases of electricity, coal, wood, gas, fuel oil, or coke, sold, but not for resale, to occupants of residences, whether owned, leased, or rented by said occupants, for the purpose of operating residential fixtures and appliances which provide light, heat, and power for such residences shall be exempt from municipal taxation under this Chapter.  For the purposes of this subsection, “gas” includes natural, manufactured, and liquefied petroleum gas.

 

3.                  All occasional sales by a charitable organization, as defined in Section 39-26-114(18), C.R.S., as amended, are hereby exempt from municipal taxation under this Chapter.

 

4.                  All sales of tangible personal property on which a specific ownership tax has been paid or is payable shall be exempt from the municipal sales tax under this Chapter when such sales meet both the following conditions:

 

                                                                          i.                  The purchaser is a nonresident of, or has a principal place of business outside the Town of Dinosaur, State of Colorado; and

 

                                                                         ii.                  Such tangible personal property is registered or required to be registered outside the limits of the Town of Dinosaur, under the laws of the State of Colorado.

 

(Ord 103 §3.3 2001)

 

E.                  Determination of Place of Sale.

 

1.                  For the purpose of this Chapter, all retail sales are deemed consummated at the place of business of the retailer (which may be temporary, permanent, mobile, or stationary) located within the Town of Dinosaur, Colorado, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the Town of Dinosaur, or to a common carrier for delivery to a destination outside of the Town of Dinosaur, or as provided in subsection (C)(4) of this Section.

 

2.                  In the event a retailer has no permanent place of business in the Town of Dinosaur, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the municipal sales tax imposed by this Chapter, shall be determined by the provisions of Article 26 of Title 39, C.R.S., as amended, and by the rules and regulations promulgated by the Department of Revenue of the State of Colorado.

 

(Ord 103 §3.4 2001)

 

F.                   Collection, Administration and Enforcement.

 

1.                  The collection, administration, and enforcement of this Chapter shall be performed by the Executive Director of the Colorado Department of Revenue in the same manner as the collection, administration, and enforcement of the Colorado State sales tax.  Accordingly, the provisions of Articles 21 and 26 of Title 39 and Article 2 of Title 29, C.R.S., as amended and all rules and regulations promulgated by the Director of the Department of Revenue of the State of Colorado, are incorporated herein by this reference.

 

2.                  Pursuant to Section 29-2-106, C.R.S., as amended, the Town Council shall, following approval of the municipal sales tax imposed by this Chapter at the special election on November 6, 2001, and prior to November 13, 2001, request that the Director of the Department of Revenue to administer, collect, and distribute the sales tax hereby imposed.  The following documents shall be submitted to the Director of the Department of Revenue.

 

                                                                    i.                        A copy of the Ordinance 103, Series 2001, certified by the Town Clerk;

 

                                                                   ii.                        Affidavits of Publication of Ordinance 103, Series 2001;

 

                                                                 iii.                        The Notice of Election published pursuant to the requirements of the Colorado Municipal Election Code or Uniform Election Code for the special municipal election; and

 

                                                                 iv.                        An abstract of election results, certified as to the approval of the sales tax by a majority of the registered electors voting thereon.

 

3.                  The vendor (retailer) shall be entitled, as collecting agent for the Town, to withhold a collection fee in the same amount and in the manner as authorized in Section 39-26-105, C.R.S., as amended, from the total amount remitted by the vendor to the Town each month.  If any vendor is delinquent in remitting said tax, other than in usual circumstances shown to the satisfaction of the Executive Director of the Department of Revenue, the vendor shall not be allowed to retain any amounts to cover his/her expense in collecting and remitting the tax, and an amount equivalent to the collection fee shall be remitted to the Executive Director by any such delinquent vendor.

 

4.                  Any person engaged in the business of selling tangible personal property at retail, or the furnishing of certain services as herein specified who knowingly fails to collect the municipal sales tax as provided for in this Chapter shall be guilty of a violation of this Chapter.

 

5.                  Any person convicted of violating any of the provisions of this Chapter shall be punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

 

(Ord 103 §3.5 2001)

 

            4.08.050          Sales Tax-Capital Improvement Fund.

 

A.                  Pursuant to Section 29-2-111, C.R.S., there is hereby established a special fund of the Town to be known as the “Town of Dinosaur Sales and Use Tax Capital Improvement Fund”.  Immediately upon the receipt and collection of the revenues derived from the sales tax imposed under this Chapter, one-half of the revenues derived from such sales tax net of the Town’s cost of collection and administration shall be deposited into such Capital Improvement Fund and shall be used solely to provide capital improvements or to pay debt service on bonds or other obligations issued for the purpose of providing capital improvements, including without limitation, the payment of all costs associated with the construction, installation, acquisition of land, provision, design, completion, improvement, replacement and financing of capital improvements of every character and the acquisition, replacement and financing of equipment, machinery and vehicles.

 

B.                  In addition to amounts specified above, the Town Council may elect to deposit additional revenues derived from the sales tax imposed under this Chapter into such Capital Improvement Fund.

 

C.                  Amounts deposited to the Capital Improvement Fund shall not be available to be pledged or expended for general municipal purposes.

 

(Ord 103 §4 2001)

 

            4.08.060          Special Sales Tax; Retail Marijuana and Retail Marijuana Products.

 

A.                  Levy of Special Sales Tax on the Sale of Retail Marijuana and Retail Marijuana Products.  In addition to the regular municipal sales tax described in this Chapter, there is hereby imposed and there shall be collected and paid a special sales tax on retail marijuana and retail marijuana products equal to 10% of gross receipts upon the sale at retail of retail marijuana and retail marijuana products commencing on January 1, 2021. 

 

(Amended Ord. 1, §1, 2021)

 

B.                  Collection, Administration and Enforcement of Special Sales Tax on the Sale of Retail Marijuana and Retail Marijuana Products.  The collection, administration and enforcement of the special sales tax on the sale of retail marijuana and retail marijuana products imposed by subsection (A) above shall be performed by the Dinosaur Town Treasurer in the same manner as the collection, administration and enforcement of the regular sales tax except that tax returns and tax payments shall be submitted to the Dinosaur Town Treasurer instead of the Colorado Department of Revenue.  If the retailer or vendor pays its regular sales tax on an annual basis, said special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than January 20 of each year.  If the retailer or vendor pays its regular sales tax on a monthly basis, the special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than the 20th day of each month.  If the retailer or vendor pays its regular sales tax on a quarterly basis, the special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than April 20 for the months of January through March, no later than July 20 for the months of April through June, no later than October 20 for the months of July through September, and no later than January 20 for the months of October through December of the previous year.  Such sales tax revenues collected by the retailer or vendor shall be submitted with special sales tax return forms promulgated by the Dinosaur Town Treasurer.

 

(Ord. 8 §2 2017)

 

            4.08.070          General Provisions.

 

A.                  Administration.  The Town Council of the Town of Dinosaur may adopt such uniform rules and regulations as may be necessary for the administration and enforcement of this Chapter; and the Town Council or its authorized representatives are hereby empowered to enter into and execute on the behalf of the Town any agreements necessary for the administration and enforcement of this Chapter.

(Ord 103 §5.1 2001)

4.16 Retail Marijuana Excise Tax

4.16.010          Purpose.

4.16.020          Definitions.

4.16.030          Imposition and Rate of Tax.

4.16.040          Vendor Liable for Tax.

4.16.050          Taxes Collected are Held in Trust.

4.16.060          Licensing and Reporting Procedures.

4.16.070          Collection of Tax.

4.16.080          Audit of Records.

4.16.090          Tax Overpayments and Deficiencies.

4.16.100          Tax Information Confidential.

4.16.110          Forms and Regulations.

4.16.120          Enforcement and Penalties.

4.16.130          Tax Lien.

4.16.140          Recovery of Unpaid Tax.

4.16.150          Status of Unpaid Tax in Bankruptcy and Receivership.

4.16.160          Hearings, Subpoenas and Witness Fees.

4.16.170          Depositions.

4.16.180          Statute of Limitations.

4.16.190          Exemption from Revenue Limitation.

 

            4.16.010          Purpose. 

The Town Council of the Town of Dinosaur, Colorado intends that a municipal excise tax be imposed on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturer within the Town.  The purpose of this tax is to increase the revenue base for the Town of Dinosaur to fund enforcement of regulations on the retail marijuana industry, other costs related to enforcement of marijuana laws, education and public health programs associated with marijuana consumption, and other Town expenses.  All revenues from the tax shall be deposited in the Town’s general fund.  The excise tax levied by this Chapter was approved by a majority vote of registered electors voting at the November 8, 2016 coordinated election.

 

(Ord. 4-17 §1 2017)

 

            4.16.020          Definitions. 

As used in this Chapter, “average market rate” means amount determined by the State of Colorado pursuant to Section 39-28.8-101(1), C.R.S. as the average price of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility to a retail marijuana store or retain marijuana products manufacturer.  All other terms in this Chapter shall be the same meaning as set forth in the Town’s Retail Marijuana Licensing Chapter.

 

(Ord. 4-17 §2 2017)

 

            4.16.030          Imposition and Rate of Tax. 

There is hereby levied an excise tax of five percent (5%) upon the average market rate of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility located in the Town of Dinosaur to a retail marijuana store or retail marijuana products manufacturer.

 

(Ord. 4-17 §3 2017)

 

            4.16.040          Vendor Liable for Tax. 

Each retail marijuana cultivation facility within the Town of Dinosaur shall collect the tax imposed by this Chapter upon every sale or transfer of unprocessed retail marijuana from the cultivation facility.  The person charged with the duty to collect taxes also has the burden of proving that any transaction is not subject to the tax imposed by this Chapter.

 

(Ord. 4-17 §4 2017)

 

            4.16.050          Taxes Collected are Held in Trust. 

All sums of money paid by any person or facility to a cultivation facility as excise taxes pursuant to this Chapter are public monies that are the property of the Town of Dinosaur.  The person required to collect and remit municipal retail marijuana excise taxes shall hold such monies in trust for the sole use and benefit of the Town of Dinosaur until paying them to the Town’s Treasurer.

 

(Ord. 4-17 §5 2017)

 

            4.16.060          Licensing and Reporting Procedures. 

 

A.                  Every person with the duty to collect the excise tax imposed by this Chapter shall obtain an excise tax license from the Town Clerk and shall report such taxes collected on forms prescribed by the Town Clerk and remit such taxes to the Town on or before the tenth (10th) day of the month for the preceding month or months under the report.  An excise license shall be valid so long as:

 

1.                  The business remains in continuous operation; and

 

2.                  The license is not cancelled by the licensee or revoked by the Town; and

 

3.                  The business holds a valid retail marijuana license pursuant to Title 5 of this Code.

 

The excise tax license may be cancelled or revoked by the Town as provided in this Chapter.

 

B.                  Whenever a business entity is required to be licensed under this Chapter is sold, purchased, or transferred, so that the ownership interest of the purchaser or seller changes in any respect, the purchaser shall obtain a new excise tax license.

 

C.                  Every person engaged in the retail marijuana cultivation business in the Town of Dinosaur shall keep books and records according to the standards of the Town Clerk and this Chapter and subject to the Town Treasurer’s right to audit as set forth in this Chapter.

 

(Ord. 4-17 §6 2017)

 

            4.16.070          Collection of Tax.

 

A.                  If the accounting methods regularly employed by the Vendor in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose unnecessary hardship, the Town Clerk may, upon request of the Vendor, accept returns at such intervals as will, in the Town Clerk’s opinion, better suit the convenience of the Vendor and will not jeopardize the collection of the tax; provided, however, the Town Clerk may by rule permit a Vendor whose monthly tax obligation is less than one hundred dollars ($100.00) to make returns and pay taxes at intervals not greater than three (3) months.

 

B.                  It shall be the duty of every Vendor to maintain, keep and preserve suitable records of all sales made by the Vendor and such other books or accounts as may be required by the Town Clerk in order to determine the amount of the tax of which the Vendor is liable under this Chapter.  It shall be the duty of every such Vendor to keep and preserve for a period of three (3) years all such books, invoices and other records and the same shall be open for examination by the Town Clerk or designee.

 

(Ord. 4-17 §7 2017)

 

            4.16.080          Audit of Records.

 

A.                  For the purpose of ascertaining the correct amount of the excise tax due and owing to the Town, the Town Clerk or an authorized agent, may conduct an audit by examining any relevant books, accounts and records of such person.

 

B.                  All books, invoices, accounts and other records shall be made available within the Town limits and be open at any time during regular business hours for examination by the Town Clerk or an authorized agent.  If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the Town Clerk may issue a subpoena to require that the taxpayer or its representative attend a hearing or produce any such books, accounts and records for examination.  Any such subpoena may be enforced by the Dinosaur Municipal Court.

 

C.                  Any person claiming an exemption under the provisions of this Chapter is subject to audit in the same manner as any other person engaged in the sale or transfer of unprocessed retail marijuana in the Town.

 

(Ord. 4-17 §8 2017)

 

            4.16.090          Tax Overpayments and Deficiencies. 

 

An application for refund of tax monies paid in error or by mistake shall be made within three (3) years after the date of payment for which the refund is claimed.  If the Town Clerk determines that within three (3) years of the due date, a Vendor overpaid the excise tax upon the sale or transfer of unprocessed retail marijuana, he/she shall process a refund or allow a credit against a future remittance from the same taxpayer.  If at any time the Town Clerk determines the amount paid is less than the amount due under this Chapter, the difference together with the interest shall be paid by the retail marijuana cultivation facility within ten (10) days after receiving written notice and demand from the Town Clerk.  The Town Clerk may extend that time for good cause.

 

(Ord. 4-17 §9 2017)

 

            4.16.100          Tax Information Confidential.

 

A.                  All specific information gained under the provisions of this Chapter which is used to determine the tax due from a taxpayer, whether furnished by the taxpayer or obtained through an audit, shall be treated by the Town and its officers, employees or legal representatives as confidential.  Except as directed by judicial order or as provided in this Chapter, no Town officer, employee, or legal representative shall divulge any confidential information.  If directed by judicial order, the officials charged with the custody of such confidential information shall be required to provide only such information as is directly involved in the action or proceeding.  Any Town officer or employee who shall knowingly divulge any information classified herein as confidential, in any manner, except in accordance with proper judicial order, or as otherwise provided in this Chapter or by law, shall be guilty of a violation thereof.

 

B.                  The Town Clerk may furnish to officials of any other governmental entity who may be owed sales tax or excise taxes any confidential information, provided that said jurisdiction enters into an agreement with the Town to grant reciprocal privileges to the Town.

 

C.                  Nothing contained in this Section shall be construed to prohibit the delivery to a taxpayer or its duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics so classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee, or legal representative of the Town.

 

(Ord. 4-17 §9 2017)

 

            4.16.110          Forms and Regulations. 

 

The Town Clerk is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said excise tax on the sale or transfer of unprocessed retail marijuana and in particular and without limiting the general language of this Chapter, to provide for:

 

A.                  A form of report on the sale or transfer of unprocessed retain marijuana to be supplied to all Vendors;

 

B.                  The records which retail marijuana cultivation facilities are to keep concerning the tax imposed by this Chapter.

 

(Ord. 4-17 §10 2017)

 

            4.16.120          Enforcement and Penalties.

 

A.                  It shall be unlawful for any person to intentionally, knowingly, or recklessly fail to pay the tax imposed by this Chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this Chapter.  Any person convicted of a violation of this Chapter shall be deemed guilty of a municipal offense, punishable by a fine of up to three hundred dollars ($300.00) and ninety (90) days imprisonment or by both such fine and imprisonment.  Each day, or portion thereof, that any violation of this Chapter continues shall constitute a separate offense.

 

B.                  A penalty in the amount of ten percent (10%) of the tax due or the sum of ten dollars ($10.00), whichever is greater, shall be imposed upon the retail marijuana cultivation facility and become due in the event the tax is not remitted by the tenth (10th) day of the month as required by this Chapter, or such other date as prescribed by the Town Clerk, and one and one-half percent (1.5%) interest shall accrue each month on the unpaid balance.  The Town Clerk is hereby authorized to waive, for good cause shown, any penalty assessed.

 

C.                  If any part of a deficiency is due to negligence or intentional disregard of regulations, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency, and interest, from the retail marijuana cultivation facility was required to file a return.  If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be fifty percent (50%) of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten (10) days after written notice and demand by the Town Clerk.

 

D.                 If any retail marijuana cultivation facility fails to make a return and pay the tax imposed by this Chapter, the Town may make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above.  The Town shall mail notice of such estimate, by certified mail, to the retail marijuana cultivation facility at its address as indicated in the Town records.  Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten (10) days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten (10) day period such delinquent taxpayer may petition the Town Clerk for a revision or modification of such assessment and shall, within such ten (10) day period, furnish the Town Clerk the documents, facts and figures showing the correct amount of such taxes due and owing.

 

E.                  Such petition shall be in writing and the facts and figures submitted shall be submitted in writing, and shall be given by the taxpayer under penalty of perjury.  Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this Chapter.  Such assessment shall be considered the final order of the Town Clerk, and may be reviewed by a Court of competent jurisdiction under Rule 106(a)(4) of the Colorado Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of such intention within ten (10) days after receipt of the final order of assessment.

 

(Ord. 4-17 §11 2017)

 

            4.16.130          Tax Lien.

 

A.                  The tax imposed by this Chapter, together with the interest and penalties herein provided and the costs of collection which may be incurred, shall be, and until paid, remain a first and prior lien superior to all other liens on all of the tangible personal property of a taxpayer within the Town and may be foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge the lien.  Such distraint warrant may be issued by the Town Clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs.  Such warrant may be served and the goods subject to such lien seized by any Town peace officer, Moffat County Sheriff or any duly authorized employee of the Town.  The property so seized may be sold by the agency seizing the same or by the Town Clerk at public auction after ten (10) days have passed following an advertised notice in a newspaper published or distributed in the Town, in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply.

 

B.                  The tax imposed by this Chapter shall be, and remain, a first and prior lien superior to all other liens on the real property and appurtenant premises at which the taxable transactions occurred.

 

(Ord 4-17 §12 2017)

 

            4.16.140          Recovery of Unpaid Tax. 

 

A.                  The Town Clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt due the Town from the taxpayer.

 

B.                  In case of failure to pay the taxes, or any portion thereof, or any penalty, costs or interest thereon, when due, the Town Clerk may recover at law the amount of such taxes, penalties, costs, the reasonable attorney’s fees, including legal assistant’s fees, charged, plus interest, in any county or district court of the county wherein the taxpayer resides or had a principal place of business (at the time the tax became due) having jurisdiction of the amount sought to be collected.

 

C.                  The return of the taxpayer or the assessment made by the Town Clerk shall be prima facie proof of the amount due.

 

D.                 Such actions may be actions in attachment, and writs of attachment may be issued to the Moffat County Sheriff, as the case may be, and in any such proceeding no bond shall be required of the Town Clerk, nor shall any Town peace officer or sheriff require of the Town Clerk an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings.  The Town Clerk may prosecute appeals in such cases without the necessity of providing a bond therefor.

 

E.                  It shall be the duty of the Town Attorney, when requested by the Town Clerk, to commence an action for the recovery of taxes due under this Chapter and this remedy shall be in addition to all other existing remedies, or remedies provided in this Chapter.

 

F.                   The Town may certify the amount of any delinquent tax, plus interest, penalties and the costs of collection, as a charge against the property at which the taxable transaction occurred to the Moffat County Treasurer for collection in the same manner as delinquent ad valorem taxes pursuant to Section 31-20-105, C.R.S.

 

(Ord. 4-17 §13 2017)

 

            4.16.150          Status of Unpaid Tax in Bankruptcy and Receivership. 

 

Whenever the business or property of a taxpayer subject to this Chapter shall be placed in receivership, bankruptcy or assignment for the benefit of creditors, or seized under distraint for taxes, all taxes, penalties and interest imposed by this Chapter and for which the taxpayer is in any way liable under the terms of this Chapter shall be a prior and preferred lien against all the property of the taxpayer, except as to other tax liens which have attached prior to the filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Chapter under process or order of any court, without first ascertaining from the Town Clerk the amount of  any taxes due and payable under this Chapter, and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer to first pay the amount of the taxes out of the proceeds of such sale before making payment of any monies to any judgment creditor or other claimants of whatsoever kind in nature, except the costs of the proceedings and other preexisting tax liens as above provided.

 

(Ord. 4-17 §14 2017)

 

            4.16.160          Hearing, Subpoenas and Witness Fees.

 

A.                  Hearings before the Town Clerk pursuant to provisions in this Chapter shall be held in a manner that provides due process of law.  Any subpoena issued pursuant to this Chapter may be enforced by the Dinosaur Municipal Judge pursuant to Section 13-10-112(2), C.R.S.  The fees for witnesses for attendance at hearings shall be the same as the fees of witnesses before the district court, such fees to be paid when the witness is excused from further attendance.  When the witness is subpoenaed at the instance of the Town Clerk, such fees shall be paid in the same manner as other expenses under the terms of this Chapter, and when a witness is subpoenaed at the instance of any party to any such proceeding, the Town Clerk may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned.  In such case, the Town Clerk, at her discretion, may require a deposit to cover the cost of such service and witness fee.  A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record.

 

B.                  The Dinosaur Municipal Judge, upon the application of the Town Clerk, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Town Clerk or any duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compelled before the Court.

 

(Ord. 4-17 §15 2017)

 

            4.16.170          Depositions. 

 

The Town Clerk or any party in an investigation or hearing before the Town Clerk may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda.

 

(Ord. 4-17 §16 2017)

 

            4.16.180          Statute of Limitations.

 

A.                  Except as otherwise provided in this Chapter, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced, more than three (3) years after the date on which the tax was or is payable, nor shall any lien continue after such period, except for taxes assessed before expiration of such three (3) year period when the notice of lien with respect to which has been filed prior to the expiration of such period.

 

B.                  In case of a false or fraudulent return with intent to evade taxation, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be commenced at any time.

 

C.                  Before the expiration of such period of limitation, the taxpayer and the Town Clerk may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.

 

(Ord. 4-17 §17 2017)

 

            4.16.190          Exemption from Revenue Limitations. 

 

In accordance with the approval of the registered electors voting at the November 8, 2016 coordinated election, the revenues derived from the tax imposed by this Chapter shall be collected and spent as a voter approved revenue change, notwithstanding any revenue or expenditure limitations contained in Article X, Section 20, of the Colorado Constitution.

 

(Ord. 4-17 §18 2017)

4.14 Lodging Occupation Tax

Reserved

4.15 Medical Marijuana Center Occupation Tax

Reserved

4.17 Medical Marijuana Sales Tax

Reserved

 

 

 

5.02 - Business and Occupation License

5.02.010          License Required.

5.02.020          Term of License.

5.02.030          License Fee.

5.02.040          Applicability.

5.02.050          Issuance of License.

5.02.060          Classification of Activity.

 5.02.070         License to be Displayed.

5.02.080          Revocation of License.

5.02.090          Non-Profit Organizations-Exemption.

5.02.100          Enforcement.

5.02.110          Penalties.

 

            5.02.010          License Required. 

No person, partnership, association or corporation, or any officer, director or agent thereof, shall conduct, carry on or engage in any business, occupation, avocation or calling, for which a general business license is required in the Town of Dinosaur without first obtaining a license and paying a fee therefor. 

(Ord. 3, §1, 1947; Amended Ord. 66; Amended Ord. 85, §1, 1995)

 

            5.02.020          Term of License. 

A general business license shall be issued for a period beginning on January 1 and ending on December 31 of each year.  A temporary business license may be issued for a period not to exceed ten (10) days.  In the event the business or occupation is commenced after January 1, a license shall be obtained within ten (10) days of commencing such activity.  No license may be assigned or transferred, nor may any license authorize any other person or entity to do business or act under the terms of the license. 

(Ord. 3, §5, 1947; Amended Ord. 66; Amended Ord. 85, §2, 1995)

 

            5.02.030          License Fee. 

The annual fee for a business license shall be twenty-five dollars ($25.00).  In the event the license is obtained after January 1, the entire amount of the fee shall be due regardless of when such activity was commenced.  The fee for a temporary license shall be ten dollars ($10.00) per day.

(Ord. 3, §1, 1947; Amended Ord. 66; Amended Ord. 85, §3, 1995)

 

            5.02.040          Applicability.  

A general business license shall be required for any business, trade, occupation, profession, avocation or calling which is engaged in for the purpose of making a profit, whether or not a profit is actually made, within the Town of Dinosaur.  Such general business license shall not apply to an activity that is exempt by virtue of State or federal law, or if subject to a similar license requirement under the Municipal Code of the Town of Dinosaur, such as a retail marijuana business license, or to an activity as an employee of a governmental entity, or of another person or entity who has obtained a business license. 

(Ord. 66; Amended Ord. 85, §4, 1995)

 

            5.02.050          Issuance of License. 

Any person, partnership, association or corporation desiring to obtain a general business license to conduct or carry on any activity for which a license is required shall apply for such license with the Town Clerk on forms prescribed by the Clerk.

(Ord. 3, §4, 1947; Amended Ord. 66; Amended Ord. 85, §5, 1995)

 

            5.02.060          Classification of Activity.

 

A.                  Every party conducting a business or occupation in more than one (1) store, stand or other place of business, shall obtain a separate license for each place of business, unless such places of business are contiguous to each other, communicate directly with and open to each other, and are operated as a unit.  A business may be transferred from one (1) location to another without obtaining an additional license.

 

B.                  Every party engaged in more than one (1) business classification shall obtain a license for each activity engaged in.

 

C.                  A general business license shall be required for each business classification including:

 

  • Temporary Lodging

                     Mail order sales

 Convenience Store (with or without gas pumps)

              Child care (if license is required by Dept. of Social Services)

                     Grocery Store

                General maintenance/janitorial services

                  Pharmacy

                 Pawn shop

                  Gasoline sales/vehicular service

                     Financial services

                   Liquor store

                     Business or professional office

                    Restaurant

                    Storage yard

                    Mobile home or recreation vehicle park/sales/service

                     Shop for blacksmith, wood working, metal working, glazing, machining, printing

                   Retail sales

                     Taxidermy

                  Wholesale sales

                     Laundry/dry cleaning

                    Propane gas sales and delivery

                     Manufacturing/Assembly / Processing/Packaging

                     Utility

                     Street vendor

                     Door to door sales

                     Appliance/machinery / electronic repair and service

 

D.                 The Town Clerk shall initially determine the classification of the business, occupation, avocation or calling, and whether one or more business licenses is required by the terms of this Chapter.  In the event the Town Clerk cannot make such determination, or in the event an applicant disagrees with the determination of the Town Clerk, the Town Council shall make the necessary determinations.  Any appeal to the Town Council by a person or an entity aggrieved by a decision of the Town Clerk shall be made in writing within fifteen (15) days of the determination by the Town Clerk.  All final determinations by the Town Council shall be only made following at least ten (10) days written notice to the appellant and an opportunity to be heard.

 

(Ord. 66; Amended Ord. 85, §6, 1995)

 

            5.02.070          License to be Displayed. 

 

All business licenses shall be prominently displayed at the place where the licensee is conducting the business, occupation, avocation or calling, and shall be visible to the general public.

 

            5.02.080          Revocation of License. 

 

The Town Council may revoke any business license issued under the provisions of this Chapter upon a determination that the licensee has engaged in fraud or misrepresentation while engaging in the business activity, or upon a determination that the licensee is not authorized to engage in the activity under the laws of the State of Colorado.  A license shall only be revoked following ten (10) days written notice to the licensee and a hearing on such revocation.  The hearing shall be conducted, as nearly as practical, in accordance with the provisions of the Colorado Administrative Procedures Act.

 

(Ord. 66; Amended Ord. 85, §8, 1995)

 

            5.02.090          Non-Profit Organizations-Exemption. 

 

The Town Council may, in its discretion, reduce or waive any license fee for any activity conducted by a charitable, governmental or religious organization.

 

(Ord. 66; Amended Ord. 85, §9, 1995)

 

            5.02.100          Enforcement. 

 

In the event any person, partnership, association or corporation fails to obtain a license as required by this Chapter, the Town of Dinosaur may file an action in any court of competent jurisdiction to enforce the terms of this Chapter, including the payment of the license fee, and shall have the right to obtain an injunction compelling such party to obtain the required license prior to further engaging in a business activity. 

 

(Ord. 66; Amended Ord. 85, §10, 1995)

 

            5.02.110          Penalties. 

 

Any person, partnership, association or corporation, or any officer, director or agent thereof, who violates any provisions of this Chapter commits a municipal offense.  Said offense shall be punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each violation.  A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Chapter shall continue.

 

(Ord. 3, §6, 1947; Amended Ord. 66; Amended Ord. 85, §11, 1995)

5.06 Licensed Liquor Establishments - Requirements

5.06.010          Definitions.

5.06.020          Delegation of Authority to Town Clerk.

 5.06.030         Distance Limitations.

5.06.040          Special Event Permits.

5.06.050          Alcoholic Beverage Tastings.

5.06.060          General Penalty Guidelines for Violations.

5.06.070          Penalty Guidelines for Violations Involving Compliance Check.

5.06.080          Unlawful Acts.

5.06.090          Festival Permits.

            5.06.010          Definitions. 

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.  Terms shall have the same meaning as defined in Section 44-3-103, C.R.S.

            “Manager” means any person who manages, directs, supervises, oversees or administers an establishment and its employees preparing, selling, serving or otherwise providing alcohol beverages for consumption on the premises pursuant to a tavern or hotel restaurant license issued thereof.

            “Offense” or “violation” means any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of Title 44, Articles 3 and 4, C.R.S., or any of the rules and regulations authorized pursuant to said articles, or of any terms, conditions, or provisions of the license issued by the Local Licensing Authority, as determined by a court of competent jurisdiction, or as determined by the State Licensing Authority or the Local Licensing Authority, following an opportunity for a hearing as provided by law.

            “Server” means any person who is employed by a licensee to prepare, serve, sell or otherwise provide alcohol beverages pursuant to a tavern license or hotel restaurant license.

            “Tastings” mean the sampling of malt, vinous or spirituous liquors that may occur on the premises of a retail liquor store licensed or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of Section 44-3-301(10), C.R.S. and Section 5.06.050.

            5.06.020          Delegation of Authority to Town Clerk.

As set forth below, the Town Clerk is authorized to administratively review and approve changes to managers; special event permits; and local festival permits.

(Ord. 1-2023, § 1, 2023)

Supplemental Applications.  To hold any additional festival after the initial festival, which was described in the initial application, the permittee must notify the State and the Town Clerk at least thirty (30) days prior to the additional festival being held of an intent to host a subsequent festival.  If the Town is notified at least thirty (30) days in advance of the subsequent festival, the subsequent festival is presumed to be approved unless the Town Clerk has grounds to deny the subsequent festival provided by subsection (G) of this Section.

A finding that the application, if granted, would result in violation of State or local laws, rules, or regulations.

The filing of an incomplete or late application; or

A documented history of liquor violations;

Denial.  The Town Clerk may deny an application for the following reasons:

Pay the required application fee as set by the fee schedule.

Identify controlled access and boundaries to the festival for alcohol consumption, comply with security requirements deemed necessary by the Town, agree to adherence to nuisance issues, including trash removal and noise.

File the application with the Town Clerk at least thirty (30) days before the festival is to be held.

Specify the licensed premises for the festival to be held; and

Application-Application for Issuance of a Festival Permit.  The applicant for a festival permit must:

Hours.  In no case shall a festival be held for longer than seventy-two (72) hours.

Number.  Each festival permit shall allow the licensee to hold nine (9) festivals during the 12-month period following the permit is issued.

Participation.  The licensee who hosts the festival shall be the licensee who files the application for the festival permit; provided that other licensees of the types described in subsection (B) hereof may jointly participate under the permit.

Wholesaler.

Vintner’s restaurant; and

Tavern;

Manufacturer;

Hotel and restaurant;

Distillery pub;

Brew pub;

Beer and wine;

Eligible Licensees.  The following license types are eligible to apply for a festival permit:

            5.06.090          Festival Permits.

Permit Required.  A licensee who wishes to host a festival shall first obtain a permit from the State and the Town, except a limited winery or winery licensee need not obtain a festival permit from the Town.  A licensee applying for both a festival permit and special event permit from the State need not obtain a festival permit from the Town.

The above offenses, unless otherwise indicated, shall constitute strict liability offenses.

To fail to immediately contact the Marshal’s Department or other law enforcement agency upon the happening of any act within the licensed establishment apparently constituting harassment, as defined in Section 10.12.030; disorderly conduct, as defined in Section 10.12.040; assault and battery, as defined in Section 10.12.060; or criminal trespass, as defined in Section 10.14.060.  The mere number of calls made by a licensed establishment to the Marshal’s Department or other law enforcement agency for such purposes shall not be used against a licensee at a suspension, revocation or license renewal hearing.

To fail to conduct the licensed premises in a decent, orderly and respectable manner; to knowingly permit on the licensed premises the loitering of a visibly intoxicated person or habitual drunkard; or to knowingly permit any activity or acts of disorderly conduct as defined by and provided for in Section 18-9-106, C.R.S.; or to permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen or to the residents of the neighborhood in which the licensed establishment is located.

With knowledge, to permit or fail to prevent the use of his identification, including a driver’s license, by a person who is under 21 years of age, for the unlawful purchase of any alcohol beverage.

The sell an alcohol beverage to any person under the age of 21 years, to a habitual drunkard, or to a visibly intoxicated person.  If a person who is not 21 years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under Title 44, Article 3 or 4, C.R.S.

            5.06.080          Unlawful Acts.

It is unlawful for any person licensed to sell alcohol pursuant to the Colorado Beer Code, Title 44, Article 4, C.R.S., or the Colorado Liquor Code, Title 44, Article 3, C.R.S.:

The Local Licensing Authority shall have the power to impose on a licensee as a condition of a period of suspension held in abeyance, or as a condition of renewal of a license, any condition(s) reasonably related to the offenses leading to the suspension or the conduct of the business whose license is to be renewed.

Notwithstanding the presumptive penalties set forth above, the Town Attorney reserves the right to request revocation of a license for any violation.

In the event a license for the retail sale of malt, vinous or spirituous liquor for on-premises consumption is suspended, and an actual closure is ordered, there shall be a mandatory closure of at least one (1) day commencing at 12:01 a.m. or 2:01 a.m. on a Saturday and ending at 12:00 midnight the same day.  In the event a license for the retail sale of malt, vinous or spirituous liquor for off-premises consumption is suspended, suspension shall not include Sundays.

Any period of actual closure imposed as part of a suspension by the Local Licensing Authority must run consecutive to any previously imposed period of closure.

In the event a second or subsequent action is brought before the Local Licensing Authority for a violation of the Colorado Beer Code or Colorado Liquor Code involving a compliance check, and the licensee is found to have committed such violation, days suspended but held in abeyance in a previous action shall automatically be imposed, plus any additional suspension for the new violation as determined by the Local Licensing Authority.

General Provisions Concerning Imposition of Penalty.

Licensee or the manager is the violator or has directed an employee or other individual to violate the law.

The dress or appearance of the underage operative, i.e., the operative wearing a high school letter jacket.

Prior notification letter to the licensee that a compliance check would be forthcoming.

Factors which might make the situation unique, such as:

Likelihood of recurrence of the violation.

Willfulness or deliberateness of the violation.

Prior violations/prior corrective action(s) and its effectiveness.

Corrective action(s) taken by the licensee.

Licensee’s past history of success or failure with compliance checks.

Action taken by the licensee to prevent violations, i.e., training of servers.

Aggravating and Mitigating Circumstances.  The Local Licensing Authority may also consider aggravating and mitigating factors when considering the imposition of the penalty for violations involving compliance checks.  These factors may include:

Fourth offense (within two years):  a minimum 45-day suspension up to and including revocation shall be imposed.

Third offense (within one year):  a 20-to-40-day suspension shall be imposed.

Second offense (within one year):  a five day to 30-day suspension.  If no suspension was swerved at the time of the first offense, it is within the discretion of the licensing authority to hold a portion of the suspension time in abeyance for a period of time.

      1. As an inducement for licensees to provide training to servers, because server training has proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued only a warning on the first violation.

      1. A written warning up to a 15-day suspension.  The Local Licensing Authority may hold a portion of the suspension time in abeyance for a period of time.

            5.06.070          Penalty Guidelines for Violations Involving Compliance Check.

            When the Local Licensing Authority finds that a licensee has sold alcohol beverages to a person under the legal age limit and that said violation was investigated or detected by using a person under 21 years of age to purchase alcohol beverages from the licensee, the Local Licensing Authority may consider the following penalties to be imposed for the violation.

First offense (within one year):

      1. The Local Licensing Authority shall have the power to impose on a licensee as a condition of a period of suspension to be held in abeyance, or as a condition of renewal of a license, any condition(s) reasonably related to the offenses leading to the suspension or the conduct of the business whose license is to be renewed.

      1. Notwithstanding the presumptive penalties set forth above, the Town Attorney reserves the right to request revocation of a license for any violation.

      1. In the event a license for the retail sale of malt, vinous or spirituous liquor for on-premises consumption is suspended, and an actual closure is ordered, there shall be a mandatory closure of at least one (1) day commencing at 12:01 a.m. or 2:01 a.m. on a Saturday and ending at 12:00 midnight the same day.  In the event a license for a retail sale of malt, vinous or spirituous liquor for off-premises consumption is suspended, suspension days shall not include Sundays.

      1. Any period of actual closure imposed as part of a suspension by the Local Licensing Authority must run consecutive to any previously imposed period of closure.

      1. In the event a second or subsequent action is brought before the Local Licensing Authority for a violation of the Colorado Beer Code, Colorado Liquor Code, or regulations promulgated thereunder, and licensee is found to have committed such violation, days suspended but held in abeyance in a previous action shall automatically be imposed, plus any additional suspension for the new violation as determined by the Local Licensing Authority.

General Provisions Concerning Imposition of Penalty.

      1. Licensee or the manager is the violator or has directed an employee or other individual to violate the law.

      1. Seriousness of violation.

      1. Likelihood of recurrence of the violation.

      1. Willfulness or deliberateness of the violation.

      1. Prior violations, prior warnings, prior corrective action(s) and its effectiveness.

      1. Licensee’s past history.

      1. Corrective action(s) taken by the licensee to prevent further violations, i.e., training of servers.

Code Violation

Penalty

    1. Sale to underage persons, Section 44-3-901, C.R.S.

First offense

15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of hearing pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second offense within two (2) years of first violation

30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one yare from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Third offense within two (2) years of first violation

45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Fourth and subsequent offenses within two years of first violation

60 days suspension to be served by actual closure; no days held in abeyance; or revocation

    1. Sale to or loitering of visibly intoxicated patron or habitual drunkard, Section 44-3-901, C.R.S., Regulation 47-900

First offense

15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second offense within two years of first violation

30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Third offense within two years of first violation

45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Fourth and subsequent offenses within two years of first violation

60 days suspension to be served by actual closure; no days held in abeyance; or revocation

    1. Purchase of alcoholic beverages from someone other than a licensed wholesaler, Section 44-3-901, C.R.S.

First offense

10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second and subsequent offenses within one year of first violation

10 days total suspension, 5 days actually served and 5 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license

    1. Failure to meet food requirements, Section 44-3-413, C.R.S. (Hotel and Restaurant Licenses), Section 44-3-414, C.R.S. (Tavern Licenses)

First offense

15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license, with 30 days to come into compliance

Second and subsequent offenses within two years of first violation

15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license with 30 days to come into compliance

    1. Permitting use of gambling machines and devices, Section 44-3-901, C.R.S., Regulation 47-922

First offense

45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second offense within one year of first violation

45 days suspension to be served by actual closure, no days held in abeyance

Third and subsequent offenses within one year of first violation

Revocation

    1. Permitting illegal gambling, Section 44-3-901, C.R.S., Regulation 47-922

First offense

10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second and subsequent offenses within one year of first violation

45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation

    1. Failure to maintain adequate books and records, Section 44-3-701, C.R.S.

First offense

15 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year form the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject mater of respondent’s license

Second and subsequent offenses within one year of first violation

30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation

    1. Sale or consumption of alcohol beverages after legal hours, Section 44-3-901, C.R.S., Regulation 47-910

First offense

10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license.

Second and subsequent offenses within one year of first violation

30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation

    1. Permitting improper conduct within establishment, other than serving or loitering of visibly intoxicated persons or habitual drunkard, Regulation 47-900

First offense

30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second offense within two years of first violation

45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation

Third and subsequent offenses within two years of first violation

45 days suspension, to be served by actual closure, no days held in abeyance; or revocation

    1. Failure to report manager, corporate or financial change, Section 44-3-301, C.R.S., Regulation 47-304

First offense

5 days total suspension, all t days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second and subsequent offenses within one year of first violation

10 days total suspension, 3 days actually served, and 7 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

    1. Underage employee serving alcoholic beverages, Section 44-3-901(6)(a), C.R.S., Regulation 47-913

First offense

7 days total suspension, 2 days actually served, and 5 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Second offense within one year of first violation

14 days total suspension, 4 days actually served, and 10 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Third and subsequent offenses within one year of first violation

30 days total suspension, 10 days actually served, and 20 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license

Aggravating and Mitigating Circumstances.  In considering whether to deviate from the presumptive penalty guidelines set forth above, the Local Licensing Authority may consider mitigating and aggravating factors when considering the imposition of the penalty.  Such factors may include:

            5.06.060          General Penalty Guidelines for Violations. 

            The presumptive penalties for violations of certain provisions of the Colorado Beer Code and the Colorado Liquor Code shall be subject to the following presumptive penalties; provided that such presumptive penalties shall not restrict the Local Licensing Authority’s discretion to impose a greater or lesser penalty.

Presumptive Penalties.

Every application for an alcoholic beverage tastings permit or renewal thereof shall be accompanied by an application fee in an amount set forth by resolution of the Town Council.

The applicant for an alcoholic beverage tastings permit shall certify on the application that all persons serving alcoholic beverages at tastings have completed a server training program that meets the standards established by the liquor enforcement division of the State Department of Revenue.  The applicant shall also state on the application the days and times that tastings will occur.  The licensee shall give at least twenty-four (24) hours prior notice to the Marshal’s Department of any deviations in the tastings schedule as set forth in the application.

A retail liquor store licensee or a liquor-licensed drugstore licensee who desires to conduct tastings may submit an application to the Town Council, acting as the Local Licensing Authority.  The Town Council may reject the application if the applicant fails to establish that it is able to conduct tastings in compliance with Section 44-3-301(10), C.R.S. or without creating a safety risk to the neighborhood.  An approved alcohol beverage tastings permit shall have an expiration date concurrent with the establishment’s existing retail liquor store license or liquor-licensed drugstore license and shall be subject to annual renewals accordingly.

            5.06.050          Alcoholic Beverage Tastings.

In accordance with Section 44-3-301(10)(a), C.R.S., retail liquor store licensees and liquor-licensed drugstore licensees may conduct alcohol beverage tastings subject to the limitations contained in Section 44-3-301(10), C.R.S., and subject to approval by the Town Council, acting as the Local Licensing Authority, of an alcoholic beverage tastings permit and payment of all requisite fees.

Pursuant to Section 44-5-105, C.R.S., a special event permit shall not be issued to any organization for more than fifteen (15) days in any one calendar year.

As required by Section 44-5-107(5)(a), C.R.S., the Town Clerk, acting on behalf of the Local Licensing Authority, shall report to the State Liquor Enforcement Division within ten (10) days after the issuance of a permit, the name of the organization to which a permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service.

The Local Licensing Authority may deny issuance of a special event permit if it determines that the issuance would be injurious to the public welfare, because of the nature of the special event, or the applicant’s ability to conduct the event in compliance with applicable laws and regulations.  Special event permits shall not be transferable.

Upon receipt of an application for a special event permit, the Local Licensing Authority, shall, as required by Section 44-5-107(5)(c), C.R.S., access information made available on the State Licensing Authority’s website to determine the statewide permitting activity of the organization applying for the permit.  Before approving an application, the Town Council shall consider compliance with Section 44-5-105(3) C.R.S., which restricts the number of permits issued to an organization in a calendar year.

Any organization or political candidate desiring to sell alcohol beverages at a special event shall obtain a permit from the Local Licensing Authority by first completing an application and paying the fee established by resolution of the Town Council.  An application shall be filed at least thirty (30) days prior to the event, unless waived by the Town Clerk for good cause shown.

            5.06.030          Distance Limitations.

            Pursuant to Section 44-3-313(1)(d), C.R.S., there is no required minimum distance between a building in which malt, vinous or spirituous liquor is sold pursuant to the issuance of any license under Title 44, Articles 3 or 4, C.R.S., and any public or parochial school or the campus of any college, university or seminary.

            5.06.040          Special Event Permits.

Pursuant to Section 44-5-107(5)(a), C.R.S., the Town Council, acting as the Local Licensing Authority, elects not to obtain the State Licensing Authority’s approval or disapproval of applications for special events permits pursuant to Title 44, Article 5, C.R.S.  The Town Council hereby authorizes the issuance of special event permits for the sale, by the drink only, of alcohol beverages by the Town, organizations, and political candidates in accordance with this Chapter and Title 44, Article 5, C.R.S.  No alcoholic beverages shall be sold at any special event until a special event permit is obtained from the Town.  The standards in this Chapter shall be in addition to all other applicable requirements of the Colorado Liquor Code, Section 44-3-101, et. seq., C.R.S.

The Town Clerk shall report to the Authority in a timely manner all actions taken by the Town Clerk under this Section.

Any applicant or party in interest, as defined in Section 44-3-311, C.R.S., who is dissatisfied with a decision of the Town Clerk under this Section may appeal the same to the Local Licensing Authority by filing a written protest with the Town Clerk not more than ten (10) days after the date of the decision.  The Town Clerk shall promptly set the appeal for a hearing before the Local Licensing Authority, which hearing shall be noticed as required by law.

Notwithstanding any authority delegated to the Town Clerk under this Section, the Town Clerk, may, in his or her discretion, refer any licensing or permitting decision to the Town Council, if, in the Town Clerk’s opinion, the matter should be presented to the Local Licensing Authority.  The hearing before the Local Licensing Authority shall be noticed as required by law.

The Town Clerk shall not approve an application if the Marshal’s Department has timely submitted written objections to the Town Council concerning such action.  If such objections are received, the Town Clerk shall set the application for a hearing before the Local Licensing Authority.

        1. The application, if granted, would not result in a violation of State or local laws, rules, or regulations.

        1. The application is complete and timely; and

        1. The licensee applying for the permit does not have a history of violations;

      1. Local Festival Permits.  The Town Clerk may approve applications for the initial festival permit and all other subsequent applications, as described in Section 5.06.090, where, after reasonable investigation and consultation with the Marshals Department and other appropriate agencies, all the following circumstances are found to exist:

There is no information known by the Town Council that could support denial of the application under applicable law.

The application and the applicant satisfy the eligibility criteria set forth in Section 12-28-102, C.R.S. and Section 23-28-103, C.R.S., as amended; and

There has been a timely and proper posting of conspicuous public notice of the proposed permit and protest procedures at the locations sought to be licensed;

 The applicant has timely submitted a complete application and paid all fees in accordance with this Chapter and Title 44, Article 5, C.R.S.;

      1. Special Event Permits.  The Town Clerk may administratively approve an application for a special event permit where, after reasonable investigation and consultation with the Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:

There is no information known by the Town Council that could support denial of the application under applicable law.

The premises subject to the proposed temporary permit is currently subject to a license; and

There is an application pending for the transfer of the license;

The applicant has timely submitted a complete application and paid all fees in accordance with this Chapter and Section 44-33-303, C.R.S.;

      1. Temporary Permits.  The Town Clerk may administratively approve an application for a temporary permit where, after reasonable investigation and consultation with the Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:

There is no information known by the Town Clerk that could support denial of the application under applicable law.

The new manager has applied to the Marshals Department for fingerprinting and a background investigation; and

The applicant has timely submitted a complete application and paid all required fees in accordance with this Chapter and Title 44, C.R.S.;

      1. Changes of Manager.  The Town Clerk may administratively approve an application for a change of a manager for a licensed establishment where, after reasonable investigation and consultation with the Dinosaur Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:
5-14 Sexually Oriented Businesses - General Provisions

5.14.010          Purpose and Description.

5.14.020          Definitions.

5.14.030          License Required.

5.14.040          Issuance of a Sexually Oriented Business License.

5.14.050          Manager’s Registration.

5.14.060          Employee Registration.

5.14.070          Inspection.

5.14.080          Expiration of License.             

5.14.090          License Suspension or Revocation.

5.14.100          Mandatory License Revocation.

5.14.110          Hours of Operation.

5.14.120          Peep Booth Regulations.

5.14.130          Lighting Regulations.

5.14.140          Additional Regulations - Adult Theaters, and Adult Cabarets.

5.14.150          Conduct for Sexually Oriented Businesses.

5.14.160          Sexually Oriented Business - Employee Tips.

5.14.170          Adult Motel Regulations.

5.14.180          Injunctions.

5.14.190          Prohibited Acts - Penalty.

5.14.200          Fees.

 

            5.14.010          Purpose and Description.

 

            The purpose of these regulations is to provide for the regulation and licensing of sexually oriented businesses within the Town in a manner which will protect the property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses the opportunity to do so.  It is not the intent of this Chapter to suppress any speech activities protected by the First and Fourteenth Amendments of the United States Constitution or Article II, Section 10 Colorado Constitution, but to impose content-neutral regulations which address the adverse secondary effects of sexually oriented businesses.  Nothing in this Chapter is intended to authorize or license anything otherwise prohibited by law. 

            Sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution.  The concern over sexually transmitted diseases is a legitimate health concern of the Town which demands reasonable regulation of sexually oriented businesses to protect the health and well-being of the citizens, including the patrons of sexually oriented businesses.  Licensing of sexually oriented businesses is a legitimate and reasonable means of ensuring that operators of sexually oriented businesses comply with reasonable regulations and that operators do not knowingly allow their businesses to be used as places of illegal sexual activity or solicitation.  There is convincing documented evidence that sexually oriented businesses, because of their nature, have a deleterious effect on both the existing businesses around them and surrounding residential areas causing increased crime and downgrading of property values.  The purpose of this Chapter is to control adverse effects from sexually oriented businesses and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of the surrounding neighborhoods and deter the spread of urban blight.  This Chapter is authorized by Section 31-15-401, C.R.S. and other applicable law.

 

            5.14.020          Definitions. 

 

A.                  Adult Arcade:  Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

 

B.                  Adult Bookstore or Adult Video Store:  A business having as a substantial and significant portion of its stock and trade, revenues, space or advertising expenditures, resulting from the sale, renting or viewing of one or more of the following:

 

1.                  Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, laser disks, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas

 

2.                  Instruments, devices, or paraphernalia which are designed for specified sexual activities.

 

C.                  Cabaret: A nightclub, bar, restaurant or similar business which regularly features:

 

1.                  Persons who appear in a state of nudity; or

 

2.                  Live performances which are characterized by the exposure to specified anatomical areas or by specified sexual activities; or

 

3.                  Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

D.                 Adult Motel: A hotel, motel or similar business which offers private rooms to the public and provides patrons live performances or closed-circuit television transmissions, not including pay per view satellite transmissions, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

E.                  Adult Motion Picture Theater: A business where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

 

F.                   Adult Theater: A theater, concert hall, auditorium, or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

 

G.                 Employee: Includes any person who is paid directly or indirectly by the licensee for services performed on the premises whether such person would otherwise as a matter of law be classified as an employee, agent, manager, entertainer or independent contractor.

 

H.                 Licensing Officer: The Licensing Officer referred to in this Chapter is the Town Clerk unless another official has been designated by the Town Administrator or Town Council as the Licensing Officer.

 

I.                    Manager: Any person other than a licensee who is employed by a sexually oriented business to act as a manager or supervisor of the employees, finances or patrons of the business or is otherwise responsible for operation of the business.

 

J.                    Peep booth: A viewing room, other than a private room, of less than one hundred fifty square feet (150 sq. ft.) of floor space upon the premises of a sexually oriented business where there is exhibited photographs, films, motion pictures, video cassettes, or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

 

K.                  Person: An individual, proprietorship, partnership, corporation, association or other legal entity.

 

L.                   Private Room: A room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room, and is used primarily for lodging.

 

M.               Sexual Encounter Establishment: A business or commercial establishment, which as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.

 

N.                 Sexually Oriented Business: An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:

 

1.                  The opening or commencement of any sexually oriented business as a new business.

 

2.                  The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business.

 

3.                  The addition of any sexually oriented business to any other existing sexually oriented business.

 

4.                  The relocation of any sexually oriented business; or

 

5.                  The continuation of a sexually oriented business in existence on the effective date of this Ordinance.

 

O.                 Specified Anatomical Areas: Are defined as:

 

1.                  Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point above the top of the areola.

 

2.                  Human male genitals in a discernibly turgid state even if completely and opaquely covered.

 

P.                  Specified Sexual Activities: Acts, simulated acts, exhibitions, representations, depictions or descriptions of:

 

1.                  Human genitals in a state of sexual stimulation or arousal.

 

2.                  Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

 

3.                  Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.

 

4.                  Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.

 

5.                  Flagellation, mutilation or torture for purposes of sexual arousal, gratification, or abuse.

 

Q.                 Stage: A raised floor or platform at least three feet (3') above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least thirty-six square feet (36 sq. ft.) in area.

 

            5.14.030          License Required. 

 

A.                  It shall be unlawful for any person to operate a sexually oriented business without a license issued by the Licensing Officer under the provisions of this Chapter.

 

1.                  An application for a license must be made on a form provided by the Town.

 

2.                  The application must be accompanied by a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and designating the use of each room or other area of the premises.

 

3.                  The diagram shall designate those rooms or other areas of the premises where patrons are not permitted.

 

4.                  The diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches ( +/- 6").

 

5.                  The diagram shall designate the place at which the license will be conspicuously posted.

 

6.                  No alteration in the configuration of the premises or any change in use of any room or area as shown on the diagram may be made without the prior written approval of the Town.

 

7.                  The Licensing Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared and that the use of any area or room in the premises has not changed.

 

B.                  The applicant must be qualified according to the provisions of this Title and the premises must be inspected by the Fire Department, Building Official of the Building Department and the Licensing Officer and found to be in compliance with the law.

 

C.                  Contemporaneously with the submission of an application for a license, the applicant shall submit the Special Review Use Permit issued by the Town indicating that the requirements of Chapter 14.03 of the Land Use Regulations are met unless the applicant's sexually oriented business is an existing nonconforming use under the provisions of Section 14.03.090 of the Dinosaur Land Use Regulations. In the event that such permit is subject to appeal, no further action shall be taken upon such application until such appeal is finally adjudicated.

 

            5.14.040          Issuance of Sexually Oriented Business License.

 

A.                  The sexually oriented business shall be issued a license within thirty (30) days after receipt of an application if the requirements set forth in Section 5.02.050 are met, unless the Licensing Officer finds one or more of the following:

 

1.                  An applicant is overdue in payment to the Town of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.

 

2.                  An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

 

3.                  The premises to be used for the sexually oriented business have not been approved by the Fire Department, the Building Official and the Licensing Officer as being in compliance with applicable laws and ordinances.

 

4.                  The applicant has not been issued a permit by the Town Planning Department indicating the requirements of Title 14 of the Dinosaur Land Use Regulations are met and that such permit, if issued, is not subject to appeal or the applicant's sexually oriented business is an existing nonconforming use under Title 14 of the Dinosaur Land Use Regulations.

 

B.                  The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business.  The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

 

C.                  The Fire Department and Building Official shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the application by the Licensing Officer.  Their certifications shall be promptly presented to the Licensing Officer.  The Licensing Officer’s inspection shall be completed within thirty (30) days after the receipt of the application.

 

D.                 A denial by the Licensing Officer of the application shall be in writing sating the reasons for the denial.  The applicant may appeal the denial in accordance with the provisions of Section 5.20.060 of this Chapter.

 

            5.14.050          Manager’s Registration. 

 

A.                  It shall be unlawful for any person to work as a manager of a sexually oriented business without first registering with the Licensing Officer.

 

B.                  The registration of a manager with the Licensing Officer is in lieu of the issuance of a license to a manager.

 

C.                  The Licensing Officer shall register a manager if all of the requirements for a license as set forth in Chapter 5.18 and Section 5.14.040 of this Chapter are met.

 

D.                 The manager’s registration shall be issued or denied in accordance with the criteria for issuance or denial of a license as set forth in Chapter 5.16.

 

E.                  The registration may be suspended or revoked for any grounds for the suspension or revocation of a license as set forth in Chapter 5.20 or Sections 5.14.090 and 5.14.100.

 

            5.14.060          Employee Registration. 

 

Each licensee will provide to the Licensing Officer the full name, aliases if any, address, telephone number and date of birth of any employee within five (5) days of employment.

 

            5.14.070          Inspection. 

 

A.                  The licensee or the licensee’s employees shall permit representatives of the Marshal’s Department, Moffat County Sheriff’s Department, Moffat County Health Department, Building Official of the Building Department, the Fire Department, Licensing Officer or other Town departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law as provided for in this Section.

 

B.                  Town departments and agencies shall conduct such inspections in a reasonable manner and only as frequently as may be reasonably necessary.

 

C.                  Inspections shall take place during the regular business hours of the sexually oriented business or when any person is on the premises.

 

D.                 It shall be unlawful for the licensee or any employee to refuse to permit such lawful inspection of the premises as provided in this Section.

 

            5.14.080          Expiration of License. 

 

Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 5.16.050 of Chapter 5.16 of this Title.

 

           

 

5.14.090          License Suspension and Revocation.

 

A.                  In addition to the grounds set forth for suspension or revocation of a license in Chapter 5.20 of this Title, the Licensing Officer shall suspend a license for a period not to exceed six (6) months and may revoke a license if the Licensing Officer determines that a licensee or an employee of a licensee has:

 

1.                  Violated or is not in compliance with any Chapter of this Title.

 

2.                  Refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter.

 

3.                  Knowingly permitted any unlawful act upon the premises.

 

B.                  In determining the action to be taken as provided in this Section, the Licensing Officer shall consider the following aggravating and mitigating circumstances:

 

1.                  Whether the licensee has been previously suspended or revoked.

 

2.                  Whether the licensee was warned that the conduct involved could lead to a suspension or revocation.

 

3.                  Whether the cause for suspension or revocation involves one or several violations.

 

4.                  Whether the violation(s) are technical or substantive in nature.

 

5.                  The extent to which the licensee, licensee's agents and employees, as opposed to patrons, were involved in the violation(s).

 

6.                  The extent to which the licensee or licensee's employees had knowledge of the violation(s).

 

7.                  Any corrective or remedial action the licensee has taken to prevent similar violation(s) in the future.

 

8.                  Whether the violation(s) involved the commission of a crime, and if so, the degree of felony or misdemeanor involved.

 

9.                  The extent to which the violation(s) caused personal injuries or property damages.

 

10.              Whether the licensee has paid damages or made restitution to any person or entity damaged by the violation(s).

 

11.              The extent to which the violations posed a significant risk to the health, safety and welfare of persons on or off of the licensed premises.

 

12.              The length of time over which the violation(s) extended.

 

13.              The extent to which the licensee or licensee's employees realized a financial gain from the violation(s).

 

14.              The number of employees, patrons, or both involved in the violation(s).

 

15.              The nature and extent of enforcement action taken by the Town or any law enforcement to detect the violation(s).

 

16.              The involvement of any persons under twenty-one (21) years of age in the violation(s).

 

17.              The extent to which the licensee or licensee's employees have attempted to cover up the violation(s), destroy evidence or otherwise hinder the investigation and detection of the violation(s).

 

18.              The extent to which the licensee and licensee's employees have acted in good faith.

 

            5.14.100          Mandatory License Revocation. 

 

A.                  The Licensing Officer shall revoke a license if the Licensing Officer determines that:

 

1.                  A license has previously been suspended within the preceding twelve (12) months;

 

2.                  A licensee gave false information in the material submitted to the Licensing Officer;

 

3.                  A licensee or employee has knowingly allowed possession, use, or sale of a controlled substance as defined in Part 3 of Article 22 of Title 12 C.R.S. on the premises;

 

4.                  A licensee or an employee has knowingly allowed prostitution on the premises;

 

5.                  A licensee or an employee knowingly operated the sexually oriented business during a period of time when the license was suspended.

 

6.                  Excluding conduct within a private room of an adult motel, a licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur on the premises.

 

B.                  When the Licensing Officer revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented license for one (1) year from the date revocation became effective.

 

            5.14.110          Hours of Operation. 

 

A.                  It shall be unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises from:

 

1.                  On any Tuesday through Saturday from two o'clock (2:00) A.M. until seven o'clock (7:00) A.M.;

 

2.                  On any Monday other than a Monday which falls on January 1, from twelve o'clock midnight (12:00) until seven o'clock (7:00) A.M.;

 

3.                  On any Sunday from two o'clock (2:00) A.M. until eight o'clock (8:00) A.M.;

 

4.                  On any Monday which falls on January 1, from two o'clock (2:00) A.M. until seven o'clock (7:00) A.M.

 

B.                  This Section shall not apply to those areas of an adult motel which are private rooms.

 

            5.14.120          Peep Booth Regulations. 

 

A.                  A licensee who has peep booths upon the premises shall comply with all of the following requirements:

 

1.                  The diagram accompanying an application for a license shall specify the location of one (1) or more manager's stations.

 

2.                  It is the duty of the licensee to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

 

3.                  The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.  Restrooms may not contain film or video reproduction equipment or equipment for showing slides or photographs.  If the premises has two (2) or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations.  The view required in this subsection must be by direct line of sight from the manager's station.

 

4.                  It shall be the duty of the licensee and employees present on the premises to ensure that the view area specified in subsection (A)(3) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated in the application as an area to which patrons will not be permitted.

 

5.                  It shall be the duty of the licensee to ensure that all walls shall be maintained without holes or damage.

 

6.                  No peep booth may be occupied by more than one (1) person at any time.

 

B.                  It shall be unlawful for any person having a duty under subsections (A)(1) through (A)(5) of this Section to knowingly fail to fulfill that duty.

 

            5.14.130          Lighting Regulations.

 

A.                  Excluding a private room of an adult motel, the interior portion of the premises to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2.0) foot-candle as measured at the floor level.

 

B.                  It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

 

            5.14.140          Additional Regulations-Adult Theaters and Adult Cabarets. 

 

A.                  Any adult cabaret or adult theater shall have one (1) or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers.  Entertainers shall perform only upon the stage.  The stage shall be fixed and immovable.  No seating for the audience shall be permitted within three feet (3') of the edge of the stage.  No members of the audience shall be permitted upon the stage or within three feet (3') of the edge of the stage.

 

B.                  It shall be unlawful for the licensee or for any employee to violate any of the requirements of this Section or to knowingly permit any patron to violate the requirements of this Section.

 

C.                  In any adult theater or adult cabaret that features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, the licensee and all employees present on the premises and all patrons must be at least twenty-one (21) years of age.

 

            5.14.150          Conduct of Sexually Oriented Businesses. 

 

A.                  No licensee or employee mingling with the patrons, or serving food or drinks, shall be unclothed or in such attire, costume or clothing, so as to expose to view any specified anatomical area.

 

B.                  No licensee or employee shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, anus or specified anatomical areas of any person.

 

C.                  No licensee or employee shall violate the requirements of subsections (A)(2) through (A)(5) of Section 5.14.100.

 

D.                 It shall be unlawful for any licensee or employee to knowingly permit a patron to violate any of the requirements of this Section.

 

            5.14.160          Sexually Oriented Businesses-Employee Tips.

 

A.                  It shall be unlawful for any employee of a sexually oriented business to receive tips from patrons except as set forth in subsection (C) of this Section.

 

B.                  A licensee that desires to provide for tips from its patrons shall establish one (1) or more boxes or other containers to receive tips.  All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box.

 

C.                  A sexually oriented business that provides tip boxes for its patrons as provided in this Section shall post one (1) or more signs to be conspicuously visible to the patrons on the premises in letters at least one inch (1") high to read as follows: “All tips are to be placed in tip box and not handed directly to the entertainer.  Any physical contact between the patron and the entertainer is strictly prohibited.”

 

            5.14.170          Adult Motel Regulations. 

 

An adult motel that, in addition to the renting of private rooms, operates a sexually oriented business as otherwise defined in this Title, shall comply with all of the requirements set forth in this Title pertaining to that business.

 

            5.14.180          Injunction. 

 

Any person who operates or causes to be operated a sexually oriented business without a license is subject to suit for injunction as well as criminal prosecution.

 

            5.14.190          Prohibited Acts-Penalty. 

 

Any person who violates any provision of this Chapter or who fails to perform an act required by any provision of this Chapter, shall be guilty of a municipal offense.  Unless specifically provided otherwise throughout this Chapter, any person convicted of a municipal offense under this Chapter shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.

 

            5.14.200          Fees. 

 

A business license fee of three hundred fifty dollars ($350.00) and a manager's registration fee of seventy-five dollars ($75.00) shall be paid upon submission of an application and annually thereafter upon renewal of the sexually oriented business license.

 

(Ord. 111, Article I, 2007)

5.16 Issuance and Conditions of Sexually Oriented Business License

5.16.010          Issuance or Denial of License.

5.16.020          Posting, Display of License.

5.16.030          Licenses for Branch Establishments.

5.16.040          Transfer of License.

5.16.050          Renewal of License.

 

 

            5.16.010          Issuance or Denial of License.

 

A.                  Except as otherwise provided in this Title 5, the Licensing Officer shall issue a license to an applicant if he finds after investigation:

 

1.                  All conditions imposed upon the applicant as prerequisites to the issuance of the said license by the terms of the provisions pertaining to the particular license sought have been met including but not limited to meeting the qualifications of applicants standard set forth in Section 5.18.010.

 

2.                  The required application and license fees have been paid;

 

3.                  The use to which the premises are proposed to be put shall conform to the requirements of applicable building, fire, safety and zoning regulations; and

 

4.                  All other specific requirements of the terms and provisions relating to the application for the particular license requested for use at the premises specified in the application have been met.

 

B.                  If the Licensing Officer shall not so find he shall thereupon deny such application and notify the applicant of the denial by serving upon the applicant personally a copy of such denial and the reasons supporting such denial or by mailing the same to him by registered or certified mail at the business address shown on the application.

 

C.                  Any applicant aggrieved by any final order of the Licensing Officer after the denial of such application shall have the right to appeal to the Town Council by filing a written appeal, stating the grounds thereof, with the Licensing Officer within ten (10) days following the date of denial of said application.

 

D.                 In the event an appeal is timely filed, it shall be heard at the next regular Town Council meeting occurring at least ten (10) days after said filing with the Licensing Officer.  Review by the Board shall be a de novo hearing.

 

            5.16.020          Posting, Display of License.

 

A.                  Every license issued by the Town for a business or activity to be conducted at a particular street address shall be posted during the period such license is valid.  Such license shall be posted in a conspicuous place and shall be visible from the principal entrance of the business or activity.  When such license expires, it shall be removed; no license not in full force and effect shall remain posted.

 

B.                  It shall be the duty of each and every person to whom a license has been issued to exhibit the same upon the request of any peace officer, the Licensing Officer, or other official of the Town.

 

            5.16.030          Licenses for Branch Establishments. 

 

A license shall be obtained in the same manner prescribed herein for each branch establishment or location of the business as if each such branch establishment or location were a separate business; provided that warehouses and wholesale distributing plants used in connection with and incidental to a business licensed under the provisions of this Title shall not be deemed to be separate places of business or branch establishments.

 

            5.16.040          Transfer of License. 

 

No license shall be transferred from one person to another or from one location to another.  Any change of ownership or change of location of a licensed business or activity shall require a new application and license with payment of fees therefor according to the provisions pertaining to the particular kind of license.

 

            5.16.050          Renewal of License.

 

A.                  At any time within thirty (30) days prior to the expiration of his current license, a licensee may make application for a license renewal for the succeeding year and pay the required fees therefor.  Unless otherwise provided by this Title, if application is so made and no action or proceeding is pending against the licensee for suspension or revocation of his current license or licenses, he may continue in his business or activity for the succeeding period unless or until his application for license renewal is denied.

 

B.                  In the event a suspension or revocation proceeding is pending when a license renewal is applied for, the business or activity may continue in operation during the pendency of such suspension or revocation proceeding but the application for a license renewal shall not be acted upon until the suspension or revocation proceeding has been completed.

 

(Ord. 111, Article II, 2007)

5-18 Qualifications of Applicants for Sexually Oriented Business Licenses

5.18.010          Qualifications of Applicants.

 

            5.18.010          Qualifications of Applicants. 

 

The general standards set out in this Section relative to the qualifications of every applicant for a Town sexually oriented business license shall be considered and applied by the Licensing Officer.  The applicant shall:

 

A.                  No History of Misconduct.  Not have a history or prior misconduct which constitutes evidence that serious criminal conduct would likely result from the granting of a license issued pursuant to this Title.

 

B.                  No Obligations to the Town.  Not be in default under the provisions of this Title or indebted to or obligated in any manner to the Town.

 

C.                  Compliance with all Town Regulations. Present certificates furnished by the appropriate officers or agencies to the effect that the proposed use of any premises is in compliance with all applicable Town regulations including, by way of description and not of limitation, zoning, building and fire codes and the like.

 

(Ord. 111, Article III, 2007)

5.20 Suspension and Revocation Procedures for Sexually Oriented Business Licenses

5.20.010          Grounds for Suspension or Revocation.

5.20.020          Hearing Procedures.

5.20.030          Hearings.

5.20.040          Notice of Suspension or Revocation.

5.20.050          Effect of Suspension or Revocation.

5.20.060          Appeals.

5.20.070          Summary Suspension.

5.20.080          Effect of Town Council Decision.

        

5.20.090          Fine in Lieu of Hearing.

 

            5.20.010          Grounds for Suspension or Revocation. 

 

The Licensing Officer shall suspend for a period not to exceed six (6) months or revoke any sexually oriented business license issued by the Town if he finds that:

 

A.                  The licensee has failed to pay the annual license fee.

 

B.                  The licensee has failed to file required reports or to furnish such other information as may be reasonably required by the Licensing Officer or other Town official under the authority vested in him by the terms of the provisions relating to the specific license;

 

C.                  The licensee or any agent or employee of such licensee has violated any provisions of this Title pertaining to his license or any regulations or order lawfully made under and within the authority of this Title relating to the license;

 

D.                 The licensee or any agent or employee of such licensee has violated any law of the United States, of the State of Colorado or the Town of Dinosaur when such violation occurred on the licensed premises, or relates to conduct or activity of any business required to be licensed by this Title.

 

            5.20.020          Hearing Procedures. 

 

A.                  Upon commencement of suspension or revocation proceedings, the Licensing Officer shall set a time and place for the hearing of the matter.

 

B.                  The Licensing Officer shall give the licensee timely notice of the time and place of the hearing and the violations asserted.  Such notice shall be served personally or by mailing by first-class mail to the last address furnished to the Licensing Officer by the licensee, at least ten (10) days, including Saturdays, Sundays and legal holidays prior to the hearing.  In lieu of such service, or in addition thereto, a copy of such notice may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office or may be affixed to some prominent structure on such premises.

 

C.                  In any such action, a public hearing shall be granted at which the licensee shall be afforded an opportunity to be heard, present evidence, cross-examine witnesses, and offer evidence in mitigation of any violations.

 

D.                 All evidence shall be recorded stenographically or by electronic recording device.

 

E.                  In all such proceedings, the Town Attorney shall act on behalf of the Town during the hearing.

 

            5.20.030          Hearings. 

 

The Licensing Officer or his designee shall conduct hearings for suspension or revocation of licenses granted pursuant to this Chapter.  The hearing shall be conducted in accordance with legal requirements for quasi-judicial hearings.  The Licensing Officer shall make findings of fact and conclusion concerning the revocation or suspension of a license.  The Licensing Officer shall transmit a copy of the final findings of fact and conclusions to the licensee as provided hereafter.

 

            5.20.040          Notice of Suspension or Revocation. 

 

A.                  Upon suspension or revocation of any sexually oriented business license required by this Title, notice of such suspension or revocation shall be given by personally serving the licensee with the order of suspension or revocation or by mailing such order to such person by certified or registered mail at the business address of the licensee as shown on the license or at the address of the designated agent.  In lieu of such service, or in addition thereto, a copy of such order may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office, or may be affixed to some prominent structure on such premises.

 

B.                  The order shall be effective immediately upon service of notice thereof unless the order provides otherwise.  Service of such order shall be complete upon mailing or posting.

 

            5.20.050          Effect of Suspension or Revocation. 

 

Upon the effective date of suspension or revocation of any license required for a business or activity, the licensee of such licensed business or activity shall cease and desist from further operation or activity.

 

            5.20.060          Appeals. 

 

Any person aggrieved by any final order of the Licensing Officer after hearing shall have the right to appeal to the Town Council by filing a written appeal with the Town Clerk within ten (10) days following the effective date of the action or order complained of, and such appeal shall have the effect of staying execution of such final order pending appeal.

 

A.                  Contents of Appeal.  An appeal shall be in writing and shall set out a copy of the order appealed from and shall include a statement of the facts relied upon to contest such order.

 

B.                  Hearing on Appeal. 

 

1.                  The Town Clerk shall fix a time and place for hearing the appeal which shall be at the next regular meeting of the Town Council occurring not less than ten (10) days following receipt of the notice of appeal or the record on appeal, whichever is later, and shall cause written notice of the same to be served upon the applicant informing him thereof.  The Town Clerk shall also give such notice to the Licensing Officer and such Officer may appear and defend the order.

 

2.                  Upon appeal to the Town Council of the suspension or revocation, the Board shall review the record, including the transcript of proceedings and evidence before the Licensing Officer, and shall determine whether there is substantial evidence in the record to support the recommendation of the Licensing Officer.  If there is substantial evidence in the record to support the recommendation of the Licensing Officer, then the Council shall affirm the decision of the Licensing Officer.  If there is not substantial evidence in the record to support the recommendation of the Licensing Officer, then the Council may reverse the recommendation of the Licensing Officer or remand the matter back to the Licensing Officer for further proceedings.  No new evidence shall be submitted to the Council unless a majority of the Council determines that such evidence could not have been reasonably presented at the time the matter was heard before the Licensing Officer.  If the Council decides to hear new evidence, it may hear the new evidence or remand the matter to the Licensing Officer.

 

3.                  The appellant seeking review of the action of the Licensing Officer, at the time of the filing of the notice of appeal, shall pay to the Town the estimated cost for preparing a transcript of the proceedings before the Licensing Officer.  The cost of preparing a transcript of testimony before the Licensing Officer shall be charged at rates ordinarily charged by certified court reporters.  The cost of preparing the transcript shall be estimated by the Town Clerk.  In the event the cost of the transcript is greater than the cost estimated by the Town Clerk, the appellant shall pay this additional cost within ten (10) days after billing by the Town Clerk.  In the event that the cost of the transcript is less than the estimated sum paid by the appellant, the Town Clerk shall refund the excess paid within ten (10) days after actual cost of the transcript is determined.

 

            5.20.070          Summary Suspension. 

 

When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance or hazard and thus give rise to an emergency, the Licensing Officer shall have the authority to summarily order the cessation of business and the closure of the premises pending a hearing on the question of whether to suspend or revoke the license.  Unless waived by the licensee in writing, the Town Council, within fifteen (15) days after the Licensing Officer has acted, shall conduct a hearing upon the summary order and the activity giving rise to such order.  The order shall state the grounds for its issuance and shall give notice of the hearing and shall be served upon the affected person in the manner prescribed in subsection (B) of Section 5.20.020.  At such hearing the licensee shall show cause why the summary suspension should not be made a final order of suspension or revocation.

 

            5.20.080          Effect of Town Council Decision. 

 

A.                  The decision of the Town Council in all cases shall be final and conclusive and shall be served upon the licensee by personal service, by registered or certified mail, or by posting as provided in Section 5.20.040 of this Chapter.

 

B.                  A decision of Town Council is reviewable only by the District Court under C.R.C.P. 106(a)(4).  There shall be no stay of execution pending a review by the Court except by Court order.

 

            5.20.090          Fine in Lieu of Hearing. 

 

A.                  Upon application, stipulation or admission by the licensee, made ten (10) days prior to a scheduled suspension or revocation hearing unless waived by the Licensing Officer, the licensee may request permission to pay a fine in lieu of a hearing. Upon the receipt of the petition, the Licensing Officer or his designee may, in his sole discretion, stay a proposed hearing and cause any investigation to be made which he deems desirable and may, in his sole discretion, grant the petition if he is satisfied:

 

1.                  That the public welfare and morals would not be impaired by permitting the licensee to continue operation and that the payment of the fine will achieve the desired disciplinary purposes;

 

2.                  That the licensee has not had his license suspended or revoked, nor paid any fine in lieu of suspension during the two (2) years immediately preceding the date of the alleged violations; and

 

3.                  That the books and records of the licensee are kept in such a manner that economic loss can be determined with reasonable accuracy therefrom.

 

B.                  The fine accepted shall be the equivalent to twenty percent (20%) of the estimated gross revenues from the sale of such merchandise or services on the dates of the alleged violations; except that the fine shall be not less than five hundred dollars ($500.00) nor more than ten thousand dollars ($10,000.00).

 

C.                  Payment of any fine pursuant to the provisions of subsection (A) shall be payable in full in the form of cash, certified check or cashier's check made payable to the Town of Dinosaur. The proceeds of the payment of the fine shall be paid into the General Fund of the Town.

 

D.                 Upon payment of the fine pursuant to subsection (A) of this Section, the Licensing Officer or his designee shall enter his further order permanently staying the suspension or revocation hearing.

 

E.                  The authority of the Licensing Officer or his designee under this Section is limited to:

 

1.                  The granting of such stays as are necessary for him to complete his investigation and make his findings; and

 

2.                  If he makes such findings, to the granting of an order permanently staying the imposition of the hearing; and

 

3.                  The determination of the fine to be imposed.

 

F.                   If the Licensing Officer does not make the findings required in subsection (A) of this Section and does not order the hearing permanently stayed, the hearing shall proceed as scheduled.

 

G.                 The determination of the Licensing Officer to deny a fine in lieu of a hearing, or to allow a fine in lieu of a hearing, and the determination of the amount of the fine, shall be final decisions committed to his discretion and not subject to appeal to the Town Council.

 

(Ord. 111, Article IV, 2007)

5.22- Retail Marijuana Licensing Provisions

5.22.010          Purpose.

5.22.020          Definitions.

5.22.030          License Required for Retail Marijuana Establishments.

5.22.040          Composition of Local Licensing Authority.

5.22.050          Functions and Powers of Local Licensing Authority.

5.22.060         Limitation on the Number of Licenses That May Be Issued Within the Town.

5.22.070          Issuance of Initial Licenses.

5.22.080          Permitted Locations.

5.22.090          Buffering Requirements.

5.22.100          General Licensing Conditions.

5.22.110          License Application Requirements.

5.22.120          Inspection Required.

5.22.130          Issuance of License.

5.22.140          Release of Information.

5.22.150          License Fees and Charges.

5.22.160          Persons Prohibited as Licensees and Business Mangers.

5.22.170          Issuance or Denial of Approval.

5.22.180          Contents and Display of Approval.

5.22.190          Transfer of Ownership/Changes in Ownership Structure.

5.22.200          Change in Location.

5.22.210          Suspension or Revocation of a License.

 

5.22.220          Operational Requirements.

 

5.22.230         Requirements Relating to Monitoring and Security of Restricted Areas and                                    Inventory.

 

5.22.240          Signage and Advertising.

 

5.22.250          Right of Entry-Records to be Maintained and Inspection Required.

 

5.22.260          Compliance with Other Applicable Laws.

 

5.22.270          Violations; Penalty.

 

            5.22.010          Purpose. 

 

The Town Council intends to regulate the use, acquisition, production and distribution of recreational marijuana in a manner consistent with the Recreational Marijuana Amendment and in accordance with the Colorado Marijuana Code and regulations adopted by the State of Colorado thereunder.

 

A.                  The Colorado Marijuana Code, Article 10 of Title 44, C.R.S., imposes statewide regulations pertaining to the cultivation, manufacture, distribution and sale of retail marijuana and for the licensing of retail marijuana business establishments.  Such legislation also permits local licensing of such establishments.  However, the State law is not intended to, and does not, address the local impacts of marijuana operations, making it appropriate for local regulation of marijuana establishments.

 

B.                  The use, distribution, cultivation, production, possession and transportation of marijuana remains illegal under federal law, and marijuana is still classified as a “Level 1 Controlled Substance” under federal law.  Nothing within this Chapter is intended to promote or condone the production, use, sale or distribution of retail or recreational marijuana other than in compliance with applicable local and State law and the Colorado Constitution.

 

C.                  This Chapter is not intended to regulate medical marijuana businesses which are governed by a separate Chapter 5.25 of the Dinosaur Municipal Code.

 

D.                 This Chapter is to be construed to protect the interest of the public over marijuana business interests.  Operation of a retail marijuana business establishment is a revocable privilege and not a right within the Town.  There is no property right for an individual to have a business to sell marijuana within the Town of Dinosaur.

 

E.                  The purpose of this Chapter is to implement the Recreational Marijuana Amendment in a manner consistent with Article 10 of Title 44, C.R.S., to protect the health, safety and welfare of the residents of the Town by prescribing the time, place and manner in which retail marijuana businesses may be operated within the Town.  In addition, the purpose of this Ordinance is to:

 

1.                  Provide for the safe sale of retail and recreational marijuana to persons legally permitted to obtain, possess and use marijuana for recreational purposes in accordance with the Recreational Marijuana Amendment;

 

2.                  Protect public health and safety through reasonable limitations on business operations as they relate to noise, air quality, food safety, public safety, security for the businesses and their personnel, and other health and safety concerns;

 

3.                  Impose fees in an amount sufficient to cover the direct and indirect cost to the Town of licensing and regulating retail marijuana establishments;

 

4.                  Allow retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities to operate in compliance with this Chapter; and

 

5.                  Facilitate the implementation of the Recreational Marijuana Amendment without going beyond the authority granted by such Amendment.

 

(Ord. 3, §1, 2017; Amended Ord. 1, §1, 2020)

 

            5.22.020          Definitions. 

 

The following words and phrases used in this Chapter shall have the following meanings unless the context clearly indicates otherwise:

 

            Applicant means a person who has submitted an application to the Dinosaur Local Licensing Authority pursuant to this Chapter to operate a retail marijuana establishment, which application has not been approved or denied by the Authority.

 

            Advertised, Advertising or Advertisement means the act of drawing the public’s attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a retail marijuana establishment or retail marijuana testing facility in order to promote the sale, cultivation, or testing of marijuana by the business.

 

            Business Manager means the individual(s) designated by the owner of a retail marijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, or retail marijuana testing facility who are registered with the Town as the person(s) responsible for all operations of the business during the owner’s absence from the business premises.

 

            Character and Record includes all aspects of a person’s character and record, including but not limited to, moral character; criminal record including serious traffic offenses; record of previous sanctions against liquor licenses, gambling licenses, retail marijuana licenses, or medical marijuana licenses, which the person owns, in whole or in part, and which the person serves as a principal, manager or employee; education, training, experience; civil judgments entered against the person; truthfulness, honesty; and financial responsibility.  The conviction of any person for any offense, shall not, in itself, be grounds for a finding of a bad character and record if such person demonstrates that he/she has been rehabilitated in accordance with Section 24-5-101, C.R.S.  In the event the Local Licensing Authority considers information concerning the criminal history of a person, the Local Licensing Authority shall also consider any information provided by an applicant regarding such criminal history records, including but not limited to, evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the last criminal conviction and the time of consideration of a license application.

 

            Co-Located Marijuana Business means a medical marijuana center that has a license pursuant to Chapter 5.25 of the Dinosaur Municipal Code that is permitted by the owner of the building and all applicable laws, to divide the licensed medical marijuana business to allow for both a medical marijuana center and a retail marijuana store as a separate business premises with separate licenses from the Town within the same footprint and owned by the same person(s) or entity.

 

            Colorado Marijuana Code shall mean Article 10 of Title 44, C.R.S., as the same may be hereafter amended, and any rules or regulations promulgated thereunder.

 

            Good cause, for purpose of denial of an initial, renewal, or reinstatement of a license application, or for the imposition of disciplinary action against an existing licensee shall mean:

 

1.         The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms and conditions of this Chapter or provisions of the Colorado Marijuana Code, any rules promulgated pursuant thereto, or any other supplemental relevant State or local law, rules or regulations; or

 

2.         The licensee or applicant has failed to comply with any special terms or conditions that were placed upon its license pursuant to an order of the State Licensing Authority or the Dinosaur Local Licensing Authority; or

 

                        3.         The licensee or applicant has a bad character and record; or

 

4.         The licensee’s licensed premises has been operated in a manner that adversely affects the public health, safety or welfare of the neighborhood in which the establishment is located.

 

            Good moral character means having a personal history that demonstrates honesty, fairness, and respect for the rights of others and the law, pursuant to Colorado Marijuana Enforcement Division regulations.

 

            License means to grant a license pursuant to the Colorado Marijuana Code and this Chapter for a retail marijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, or retail marijuana testing facility.

 

            Licensed Premises means the premises specified in an application for a license pursuant to this Chapter and the Colorado Marijuana Code that is owned by or in possession of the licensee and within which the licensee is authorized to distribute, sell, cultivate, or manufacture marijuana products, or test retail marijuana in accordance with the provisions of the Colorado Marijuana Code.

 

            Licensee shall mean the retail marijuana establishment named on the retail marijuana establishment license, and all individuals named in the initial retail marijuana establishment license application, or individuals later submitted to and approved by the Town, including without limitation, owners, business managers, financiers, and individuals owning any part of an entity that holds a financial or other ownership interest in the retail marijuana establishment.

 

            Local Licensing Authority shall mean the Dinosaur Local Licensing Authority which shall consist of the members of the Dinosaur Town Council.

 

            Marijuana for the purposes of this Chapter shall have the same meaning as set forth in the Recreational Marijuana Amendment or as may be more fully defined in any applicable State or local law or regulation.

 

            Marijuana Accessories shall have the same meaning as such term is defined in the Recreational Marijuana Amendment.

 

            Marijuana Business shall mean any medical marijuana business as defined by Chapter 5.25 of the Dinosaur Municipal Code or retail marijuana establishment as defined in this Chapter.

 

            Medical Marijuana shall have the same meaning as set forth in Section 14 of Article XVIII of the Colorado Constitution.

 

            Medical Marijuana Business shall include medical marijuana centers, medical marijuana infused products manufacturers, and medical marijuana optional premises cultivation operations as defined in the Colorado Marijuana Code, Article 10 of Title 44, C.R.S.

 

            Operating Fees means fees that may be charged by the Town for costs including but not limited to inspection, administration, and enforcement of regulations governing retail marijuana establishments authorized pursuant to subsection 16(5)(f) of Article XVIII of the Colorado Constitution, the Colorado Marijuana Code, the rules adopted pursuant thereto, and this Ordinance.

 

            Place Open to the General Public shall mean any property owned, leased or used by a public entity, any place of private property open to the public, common areas of buildings, public parks, vehicles, streets, sidewalks, trails, those portions of any public or private property upon which the public has an expressed or implied license to enter or remain, and any place visible from such places.  Places open to the general public shall not include any private residential property regardless of whether it can be seen from a place open to the public.

 

            Preschool means a facility that provides preschool programs and services to a school district under the Colorado Preschool Program Act to a majority of the children who attend or are enrolled in that facility.

 

            Residential Childcare Facility shall have the same meaning as set forth in Section 26-6-102(8), C.R.S.

 

            Recreational Marijuana means any marijuana intended for recreational use which meets all of the requirements for recreational marijuana contained in this Chapter, the Recreational Marijuana Amendment, and any other applicable State or local law.

 

            Retail Marijuana means all parts of the plant of the genus cannabis (hereafter the plant) whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana store.  Retail marijuana does not include industrial hemp, nor does it include fiber produced from stalks, oil or cake made from the seeds of the plant, sterilized seeds of the plant which is incapable of germination, or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

 

            Retail Marijuana Cultivation Facility has the same meaning as “marijuana cultivation facility” as defined in Section 16(2)(h) of Article XVIII of the State Constitution.

 

            Retail Marijuana Establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer, or a retail marijuana testing facility.

 

            Retail Marijuana Products Manufacturer has the same meaning as “marijuana product manufacturing facility” as defined in Section 16(2)(j) of Article XVIII of the State Constitution.

 

            Retail Marijuana Store has the same meaning as defined in Section 16(2)(n) of Article XVIII of the State Constitution.

 

            Retail Marijuana Testing Facility means “marijuana testing facility” as defined in Section 16(2)(l) of Article XVIII of the State Constitution that is licensed pursuant to the Colorado Marijuana Code.

 

            School means a public or private licensed preschool, or a public, private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college, or other institution of higher education.

 

            State Licensing Authority means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of retail marijuana in Colorado, pursuant to Section 44-10-201, C.R.S. of the Colorado Marijuana Code.

 

(Ord. 3, §2, 2017; Amended Ord. 1, §2, 2020)

 

            5.22.030          Licensed Required for Retail Marijuana Establishments. 

 

It shall be unlawful to operate a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility, or a retail marijuana testing facility within the Town of Dinosaur without first obtaining a Town license to operate pursuant to this Chapter, and having a validly issued license in good standing from the State of Colorado, and having paid all applicable fees.  Any person violating this Section shall be punished by a fine of up to three hundred dollars ($300.00), or by imprisonment in the Moffat County jail for a period of up to ninety (90) days, or by both such fine and imprisonment.  Each day that a violation continues shall be considered a separate and distinct offense.

 

(Ord. 3, §3, 2017; Amended Ord. 1, §3, 2020)

 

            5.22.040          Composition of Local Licensing Authority. 

 

The Dinosaur Town Council is hereby designated as the Dinosaur Local Licensing Authority.  The Town Council, may be resolution, delegate its authority or a portion of such authority set forth in this Chapter to a new committee or other designee to act as the Local Licensing Authority.

 

(Ord. 3, §4, 2017; Amended Ord. 1, §4, 2020)

 

            5.22.050          Functions and Powers of Local Licensing Authority.

 

A.                  The Local Licensing Authority shall have the duty and authority pursuant to the Colorado Marijuana Code and this Chapter to grant or deny an application described in this Chapter and to levy penalties against a licensee in the manner provided by law.

 

B.                  The Local Licensing Authority shall consider applications for new business premises, transfer of ownership, change of location, licensed premises modification, changes in tradename and any other appropriate application.

 

C.                  The Local Licensing Authority shall have the power to promulgate rules and regulations concerning the procedure for hearings before the Local Licensing Authority.

 

D.                 The Local Licensing Authority shall have the power to require any applicant or licensee to furnish such information to the Authority as may be reasonably necessary in order for the Authority to perform the duties and functions authorized by this Chapter.

 

E.                  The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct.  Any subpoena shall be served in the same manner as a subpoena issued by a district court of the State.  The Municipal Judge shall have the power and authority to enforce such subpoena.

 

(Ord. 3, §5, 2017; Amended Ord. 1, §5, 2020)

 

            5.22.060          Limitation on the Number of Licenses That May Be Issued Within the Town  

 

A maximum of four (4) retail marijuana store licenses, four (4) retail marijuana cultivation facilities, four (4) retail marijuana product manufacturing facility licenses and four (4) retail marijuana testing facility licenses shall be issued by the Dinosaur Local Licensing Authority.  An application for renewal of an existing retail marijuana establishment license shall receive a preference over an application for a new retail marijuana establishment license if the existing business has substantially met all of the requirements of this Chapter and the Colorado Marijuana Code during the previous license term and is in good standing.

 

(Ord. 3, §6, 2017; Amended Ord. 1, §6, 2020)

 

            5.22.070          Issuance of Initial Licenses. 

 

On or before August 10, 2017, the Town Clerk shall publish a notice that the Town is accepting applications for retail marijuana establishment licenses.  Said notice shall establish a deadline for the Town’s acceptance of such applications.  The Town Clerk shall initially review such applications for completeness.  In the event the Town Clerk finds that an application is incomplete, the Town Clerk shall notify the applicant in writing of the application deficiencies and allow the applicant to correct such deficiencies within fifteen (15) days from the date of receiving such notice.  The Town Clerk shall then forward the applications to the Dinosaur Local Licensing Authority for further processing and review.  The Local Licensing Authority shall then finally determine the sufficiency of the license applications and the eligibility of the applicants to hold a retail marijuana establishment license.  If more valid license applications of the same classification are received by the Local Licensing Authority than authorized by this Chapter, and the Local Licensing Authority is not permitted to approve all of the sufficient applications reviewed because of the limitations set forth in Section 5.22.060, the Local Licensing Authority shall establish a date and time for selecting by lot the priority of the sufficient applications permitted by this Section.  The Local Licensing Authority shall then proceed to issue the licenses applied for to the successful applicants.

 

(Ord. 3, §7, 2017; Amended Ord. 1, §7, 2020)

 

            5.22.080          Permitted Locations. 

 

All retail marijuana establishment licenses shall be issued for a specific location which shall be designated as the licensed premises.  Retail marijuana establishment licenses shall not be permitted in any Residential Zone District.  Retail marijuana stores shall only be permitted in the Commercial Zone District.  Retail cultivation facilities shall only be allowed in the Industrial Zone District.  Retail marijuana product manufacturing facilities shall only be allowed in the Industrial Zone District.  Retail marijuana testing facilities shall only be allowed in the Industrial Zone District.

 

(Ord. 3, §8, 2017; Amended Ord. 1, §8, 2020)

 

            5.22.090          Buffering Requirements. 

 

Retail marijuana establishments must satisfy the following minimum distance requirements from the described uses below.  Prior to issuing a retail marijuana establishment license, the Local Licensing Authority shall confirm that the proposed licensed premises boundaries meet the buffering requirements.

 

A.                  Distance from Schools.  Retail marijuana establishments shall be located a minimum of one thousand feet (1,000’) from schools, as measured from the nearest property boundary of such school uses to the boundaries of the proposed licensed premises.

 

B.                  Distance from Residential Childcare Facilities.  Retail marijuana establishments shall be located a minimum of eight hundred feet (800’) from licensed residential childcare facilities, as measured from the nearest property boundary of such uses to the boundaries of the proposed licensed premises.

 

C.                  Distance from Parks.  Retail marijuana establishments shall be located a minimum of eight hundred feet (800’) from any public park, as measured from the nearest property boundary of such parks to the boundary of the licenses premises.

 

D.                 Once the retail marijuana establishment license is issued, the Town will not preclude a school, residential child care facility or park from locating within a buffer zone.  A retail marijuana establishment may then continue to operate at its present location.  If a sensitive use later locates within the applicable buffer zone, however, the licensee does so at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a retail marijuana establishment near a school or residential childcare facility.

 

E.                  No retail marijuana establishment shall be located in a movable or mobile vehicle or structure and no retail marijuana products shall be delivered in the Town unless such delivery is specifically permitted by Colorado law.

 

(Ord. 3, §9, 2017; Amended Ord. 1, §9, 2020)

 

            5.22.100          General Licensing Conditions.

 

A.                  Except as specifically provided herein, the issuance of a license for a retail marijuana establishment by the Town shall be subject to compliance with all provisions of Part 3 of Article 10 of Title 44, C.R.S.

 

B.                  The license requirements set forth in this Chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, State or local law, including by way of example, a retail sales license, an occupation tax license, an excise tax license, a retail food establishment license, or any applicable zoning, land use or building permits.

 

C.                  The issuance of a license pursuant to this Chapter does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability a person may have for the production, distribution or possession of marijuana.

 

D.                 A separate license shall be required for each location from which a retail marijuana establishment is operated.  A separate license shall be required for each specific business or business entity, for each geographical location and for each co-located retail marijuana establishment.

 

E.                  The submission of an application for the issuance of a license under this Chapter from the Town shall act as acknowledgement and agreement by the applicant or the licensee that the sale of marijuana continues to be subject to the control and jurisdiction of the federal government and actions taken by the federal government under the federal laws and regulations may limit or invalidate any license issued by the Town or the licensee’s ability to own or operate a retail marijuana establishment in the Town.

 

(Ord. 3, §10, 2017; Amended Ord. 1, §10, 2020)

 

           

 

            5.22.110          License Application Requirements. 

 

A.                  Start Date.  The Local Licensing Authority shall receive and process all applications for retail marijuana establishment licenses beginning on August 24, 2017.

 

B.                  Application Materials.  An application for a retail marijuana establishment license shall be made on forms provided by the Town Clerk for such purposes.  The applicant shall use the application to demonstrate its compliance with the provisions of this Chapter and other applicable laws, rules or regulations.  In addition to general information required of standard applications, the application shall require the following information:

 

1.                  Name and address of the owner or owners of the proposed retail marijuana establishment and whose name the license is proposed to be issued.

 

a.                  If the proposed owner is a corporation, then the application shall include the name and address of all officers and directors of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise, including disclosure information pertaining to bank, savings and loan associations or other commercial lender which has loaned funds to the applicant.

 

b.                  If the proposed owner is a partnership, association or limited liability company, the application shall include the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result of instruments of indebtedness or otherwise including disclosure of information pertaining to a bank, savings and loan association, or other commercial lender which has loaned funds to the applicant.

 

c.                   If the owner is not a natural person, the application shall include copies of the organizational documents for all entities identified in the application and the contact information for the person that is authorized to represent the entity or entities.

 

2.                  Name and address of the proposed business manager(s) of the retail marijuana establishment, if the business manager is proposed to be someone other than the owner, or if the owner is an entity rather than a natural person.

 

3.                  A statement indicating whether any of the named owners, members, business managers, parties with a financial interest, or persons named on the application have been:

 

a.                  Denied an application for a medical marijuana business license or retail marijuana establishment license pursuant to any state or local licensing law, rule or regulation, or had such license suspended or revoked.

 

b.                  Denied an application for a liquor license pursuant to Article 3 or 4 of Title 44, C.R.S., or by any similar state or local licensing law, rule, regulation or had such license suspended or revoked.

 

c.                   Convicted, entered a plea nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances.

 

d.                  Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to driving or operating a motor vehicle while under the influence or while impaired by alcohol or controlled substances.

 

e.                  Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any felony.

 

f.                    Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to a serious traffic offense which means any driving offense carrying eight (8) points or greater under Section 42-2-127, C.R.S. or the substantial equivalent of such events in any other state.

 

4.                  Proof that the Applicant will have ownership or legal possession of the premises proposed for the retail marijuana establishment for the term of the proposed license.  If the premises is not owned by the applicant, such proof of possession shall include a signed statement from the landlord or owner of the premises consenting to the use of the property for the purposes of operating a retail marijuana establishment.  If the property is subject to a declaration of covenants and restrictions and an owners’ association, a signed statement from the owners’ association consenting to the use of the property for a retail marijuana establishment shall be provided.

 

5.                  Proof of Insurance as follows:

 

a.                  Workers compensation insurance to cover obligations imposed by the Workers Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work related to the operation of the retail marijuana establishment and

 

b.                  Comprehensive general liability insurance with minimum single limits of one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate, applicable to all premises and operations.

 

6.                  An operating plan for the proposed retail marijuana establishment including the following information:

 

a.                  A description of the products and services to be sold or provided by the retail marijuana establishment.

 

b.                  A dimensioned floor plan of the proposed premises clearly labeled, showing:

 

i.                    the layout of the structure and the floorplan in which the retail marijuana establishment will be located including information sufficient to prove compliance with ventilation, security and other structural requirements contained therein;

 

ii.                   the principle uses of the floor area depicted on the floorplan including but not limited to storage areas, retail sales areas and restricted areas where marijuana will be stored and located; and

 

iii.                 areas where any services other than the cultivation, distribution or sale of retail marijuana is proposed to occur on the licensed premises.

 

7.                  For a retail marijuana testing facility or retail marijuana products manufacturing facility, a plan that specifies all means to be used for extraction, heating, washing, or otherwise changing the form of the marijuana plant, or the testing of any marijuana, and verification of compliance with all applicable State and local laws for ventilation and safety measures for each process.

 

8.                  The maximum amount of retail marijuana or retail marijuana products that may be on the business premises at any one time.

 

9.                  A security plan indicating how the applicant will comply with the requirements of this Chapter and any other applicable law, rule or regulation.  The applicant may submit the portions of such security plan which include trade secrets or specialized security arrangements confidentially.  The Town will not disclose the documents appropriately submitted under the Colorado Open Records Act, Sections 24-72-201 et. seq., C.R.S. if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies, unless compelled to do so by court order.  Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality shall be stated on the document.

 

10.              A lighting plan showing the illumination of the outside area of the retail marijuana establishment for security purposes.

 

11.              A vicinity map drawn to scale, indicating within a radius of one-quarter (1/4) mile from the boundaries of the property upon which the retail marijuana establishment is to be located, the proximity of the property to any school, residential childcare facility, or public park, or to any other facility identified in this Chapter that requires a distance separation from licensed retail marijuana establishments.

 

12.              Fingerprints and personal histories for all owners and parties having a financial interest in the proposed retail marijuana establishment as defined in this Chapter.  All such individuals shall be subject to a criminal background check in conjunction with the license application and review.

 

13.              A plan for disposal of any retail marijuana or product that is not sold or is contaminated in a manner that protects any potion thereof from being possessed or ingested by a person or animal.

 

14.              A plan for ventilation that describes the ventilating systems that will be used to prevent any odor of marijuana from extending beyond the premises of the business.  Carbon filtration is strongly encouraged by the Town.

 

15.              A description of all toxic, flammable or other materials regulated by the federal or State government that would have authority over the business if it was not a retail marijuana establishment, that will be used, kept or created at the retail marijuana establishment and the location where such materials will be stored.

 

16.              An application for a retail marijuana establishment license shall be accompanied by the application fee, operational fee, criminal background fee, together with any other applicable fees that may be established by resolution of the Town Council.  If the application is not approved, one-half (1/2) of the application fee and one-half (1/2) of the operational fee shall be refunded to the applicant.

 

(Ord. 3, §11, 2017; Amended Ord. 1, §11, 2020)