Attachment A - Proposed Ordinance 8757

ORDINANCE 8757

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AN ORDINANCE AMENDING TITLE 4, “LICENSES AND PERMITS,” B.R.C. 1981, ALLOWING FOR PEDAL-CAB AGENCY AND DRIVER LICENSES AND ESTABLISHING RELATED FEES; AND SETTING FORTH RELATED DETAILS

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,

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COLORADO:

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Section 1. A new Chapter 19, “Pedal-cab Agency License,” B.R.C. 1981, is added to read as follows:

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Chapter 19 – Pedal-cab Agency License 4-19-1. – Legislative Intent.

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The purpose of this chapter is to regulate pedal-cab agencies and their drivers operating within city limits to protect the public health, safety, and welfare.

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4-19-2. – Definitions.

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Pedal-cab agency means any person engaged in the business of transporting persons for hire by means of one or more than one pedal-cab.

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Pedal-cab means a multi-wheeled, hooded, or unhooded vehicle that is propelled solely by a pedal-cab driver, is used in the transport of passengers, and is available for hire on the public streets. Pedal-cab driver means any person who drives a pedal- cab, including an agency, an employee of an agency, or any person who stands in the relationship of independent contractor to an agency. Person means the same as defined in Section 1-2-1, “Definitions,” B.R.C. 1981. 4-19-3. – Pedal-Cab License Required. (a)

It shall be unlawful for any person to operate a pedal-cab agency within the City limits without first obtaining a pedal-cab agency license.

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(b)

Each pedal-cab agency license shall specify the name under which the license is to operate, the address of the principal place of business, the expiration date, the number of the license, and any other information the Licensing manager deems necessary.

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(c)

All licenses issued under this chapter shall expire on March 1 of each year.

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(d)

No pedal-cab agency license granted or renewed shall be transferable from one person to another.

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4-19-4. – License Fees.

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The city manager shall issue all licenses granted by the authority upon receipt of the license fee prescribed by Chapter 4-20, “Fees,” B.R.C. 1981.

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4-19-5. – License Application and Qualifications.

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(a)

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An applicant for a pedal-cab agency license shall apply therefor on forms furnished by the city manager and pay the fee prescribed in Chapter 4-20, “Fees,” B.R.C., that includes: (1)

Proof that the applicant possesses a valid Colorado driver’s license;

(2)

Proof of the applicable insurance coverages required by Section 4-19-7, B.R.C. 1981.

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(b)

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An applicant for a pedal-cab driver license shall apply therefor on forms furnished by the city manager and pay the fee prescribed in Chapter 4-20, “Fees,” B.R.C., that includes: (1)

Proof that the applicant possesses a valid Colorado driver’s license;

(2)

Authorization for the city to request a Colorado Bureau of Investigation background report;

(3)

The full name of the pedal-cab agency employing the driver or providing any pedal-cab or other equipment to the driver and the pedal-cab agency’s City of Boulder business license number; and

(4)

For pedal-cab drivers not insured through a licensed pedal-cab agency, proof of the applicable insurance coverages required by this chapter.

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(c)

All applicants for a license issued under this chapter must meet the following specific qualifications: (1)

Each applicant for a pedal-cab agency or driver license must be eighteen years of age or older.

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(2)

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Each applicant for a pedal-cab agency or driver license must possess a valid Colorado driver’s license.

4-19-6. – License Requirements. (a)

The pedal-cab agency license shall be at all times posted in a conspicuous place in the licensee’s principal place of business.

(b)

Every licensed pedal-cab agency shall keep the city’s licensing department informed of the address of the local principal place of business, and licensed pedal-cab agency shall notify the licensing department within ten business days of any change of address of the local principal place of business.

(c)

It shall be the responsibility of the pedal-cab agency to notify the city’s licensing department within three business days of the resignation, termination, or suspension of any pedal-cab driver associated with the agency through contract, lease, or employment with the agency. This notice shall be made by written instrument and shall be signed by a listed principal or managing agent of the pedal-cab agency.

(d)

Every licensed pedal-cab agency shall be responsible for returning, if possible, to the city’s licensing department within three business days the pedal-cab driver identification card, for any pedal-cab driver employed by the agency, if that pedal-cob driver’s license is suspended or revoked.

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4-19-7. – Insurance Requirements.

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(a)

Every pedal-cab agency and pedal-cab driver licensed under this chapter shall maintain at all times the insurance prescribed by Section 4-1-8, “Insurance Required,” B.R.C. 1981.

(b)

The licensee shall maintain the required insurance throughout the period of the license.

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4-19-8. – Traffic Laws Applicable to Pedal-cabs.

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Every person driving a pedal-cab shall be granted all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle under Chapter 5, “Pedestrian, Bicycle, Human Powered Vehicle, Lightweight Electric Vehicle and Animal Traffic,” B.R.C. 1981.

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4-19-9. – Authority to Deny, Suspend, or Revoke License.

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(a)

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The city manager may deny, suspend, or revoke a license under this chapter upon a finding of any of the conditions in subsection 4-1-9(a), B.R.C. 1981, or upon a determination of:

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(1)

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The applicant has made a willful misrepresentation in applying for and obtaining a license.

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(b)

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(3)

The pedal-cab driver has had his or her Colorado driver’s license revoked or suspended.

(4)

The applicant has been convicted of operating without a license under this section or performing any act for which a license is required under this chapter.

(5)

The applicant has previously failed to comply with the ordinances and regulations of the city relating to conducting any business licensed by this code.

If the city manager denies a license application under this section, the manager shall follow the procedures prescribed by subsection 4-1-9(b), B.R.C. 1981.

(a)

License Required: No person shall operate a pedal-cab agency or acts as a pedal-cab driver unless licensed.

(b)

Prohibited Sales: No pedal-cab agency or pedal-cab driver shall offer, sell, serve, deliver or give any products, including, but not limited to, food, water, alcoholic beverages or other items while performing pedal-cab activities within the city of Boulder.

(c)

Misrepresentation: No person shall make willful misrepresentation in applying for or obtaining license.

(d)

Use of License or Identification Card: No pedal-cab licensee shall knowingly allow the license or identification card to be used by any other person, and no person shall knowingly use a license or identification card issued to some other person.

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The applicant has had any pedal-cab agency or pedal-cab driver license revoked or suspended.

4-19-10. – Unlawful, Prohibited Acts; Violations; Penalty.

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(2)

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4-19-11. – City Manager Authorized to Issue Rules.

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The city manager may adopt rules and regulations that the city manager determines are reasonably necessary to implement the requirements of this chapter.

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Section 2. A new Section 4-20-9, “Pedal-cab Agency and Driver License Fees,” B.R.C.

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1981, is added to read as follows:

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4-20-9. – Pedal-cab Agency and Driver License Fees.

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Application and license fees for pedal-cab agency and pedal-cab driver shall be up to the following amounts:

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(1)

Pedal-cab agency application fee: $50

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(2)

Pedal-cab agency license fee: $60

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(3)

Pedal-cab driver application fee: $50

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(4)

Pedal-cab driver license fee: $60

4 Section 3 . This Ordinance is necessary to protect the public health, safety, and welfare

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of the residents of the city, and covers matters of local concern.

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Section 4. The City Council deems it appropriate that this Ordinance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition.

10 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 20th day of August 2026.

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____________________________________ Aaron Brockett, Mayor

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Attest: __________________________________ City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 3rd day of September

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2026. ____________________________________ Aaron Brockett, Mayor

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Attest:

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__________________________________ City Clerk K:\CMLE\o-8757 1st Rdg-.docx