Department of Finance, Police, Parks and Recreation, City Clerk, and City Attorney’s Office
Reference: Amending Chapter 5 of the Brighton Municipal Code to Update Business Licensing Requirements and Procedures
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia R. Calderón, City Attorney
Date Prepared: November 28, 2023
PURPOSE
To update parts of Chapter 5 of the Brighton Municipal Code regarding business licensing processes and requirements, removing sections no longer needed, adding a procedure for denial, suspension, or revocation of a license, and updating sections to reflect current practice or best practices.
BACKGROUND
Business licenses were required in the sales tax section of the municipal code, and this requirement has been moved into Chapter 5. Articles 5-4, 5-24, 5-32, 5-36, 5-44, and 5-68 have been amended or repealed. Cabarets are regulated by the Land Use Code and do not need a separate license so Article 5-24 is being repealed. Circuses and Carnivals require a temporary use permit and not a separate license, so Article 5-32 is being repealed.
The municipal code article addressing pawnbrokers is being updated to mimic state statute, to cite to the current state statute, and to move requirements into the municipal code for pawnbrokers. The municipal code licensing of merchant guards has been updated to provide language in common use today (security guards) and to reflect requirements for a business rather than licensing of individuals.
Language has been updated throughout to reflect that fees are paid to the City, rather than to any specific department or director. The municipal code lacked any process for revoking or suspending a business license. The ordinance adds a hearing procedure for denial, suspension, and revocation of a license to assure that a licensee receives due process and a fair hearing. The hearing will be adjudicated by an impartial hearing officer.
These updates are needed to reflect current practice, state statutes, and assure a process for revocations or denials of licenses.
FINANCIAL IMPACT
None
STAFF RECOMMENDATION
Staff recommends adoption of the ordinance.
OPTIONS FOR COUNCIL CONSIDERATION
Adopt the Ordinance as written.
Amend the Ordinance.
Deny adoption of the Ordinance.
ATTACHMENTS
Ordinance
Redlines of the Changes to Municipal Code
Power Point Presentation