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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2000 - FIRST READING OF ORDINANCE NO. 188, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 24 DATE: December 19, 2000 FORT COLLINS CITY COUNCIL Kathleen M. Lane FROM: Wanda Krajicek SUBJECT : First Reading of Ordinance No. 188, 2000, Amending Portions of Chapter 3 of the City Code Concerning Alcohol Beverages. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This Ordinance makes minor changes to increase the administrative efficiency of the Authority and to harmonize the provisions of the City Code with the provisions of the Colorado Liquor Code. CKGROUND: On March 7, 2000, the City Council adopted a City Code change which designated the Municipal Judge as the Fort Collins Liquor Licensing Authority("Authority"). Since that time,Judge Lane has met with staff concerning any needed changes to Chapter 3 of the City Code dealing with alcohol beverage licensing. This Ordinance reflects the changes recommended by Judge Lane and representatives from the City Attorney's Office, City Clerk's Office, and Police Services. Specifically, Section 1 of the Ordinance makes changes that would allow the City Clerk's Office to administratively process and approve certain routine matters where no objections have been received. These routine matters include changes in corporate structure of a licensee and the transfer of ownership of a license when no new principals are being added to the ownership(for example,when a partnership is removing a partner and not adding anew partner). Allowing for these administrative approvals will increase the efficiency of the Authority without compromising individual review in those situations where it is warranted. Section 2 of the Ordinance changes the presumed relevant neighborhood around a proposed license location from a square to a circle. Adults living or managing businesses within the neighborhood have standing to present evidence as to the needs and desires or the neighborhood at a licensing hearing before the Authority. The change from a square to a circle is now possible because of the City's GIS capabilities and the change will make it much easier for the City Clerk's Office to verify that an address is within the relevant neighborhood without diminishing the affected neighbors' ability to provide input to the Authority. DATE: December 19, 2000 2 ITEM NUMBER: 24 Section 3 of the Ordinance is intended to harmonize Section 3-54 of the City Code with the Colorado Liquor Code provision which provides that a summary suspension of a liquor license cannot exceed 15 calendar days. While the 14 days notice before a show cause hearing may be conducted is ordinarily reasonable,in a situation where a summary suspension has been ordered by the Authority because of the immediate risk of harm to the public if the license is not summarily suspended, the one-day window in which to hold the show cause hearing is not practical. As amended, the City Code will allow the show cause hearing to be set with less than 14 days notice in those situations where a prompt hearing is necessary,yet respecting the licensee's right to notice and an opportunity to prepare. A 14 day minimum notice provision is not required by state law. Finally,Section 4 of the Ordinance removes the manager registration requirements of the City Code which are for the most part redundant and slightly inconsistent with the similar Colorado Liquor Code provisions. The Colorado Liquor Code will continue to require manager registration and approval in those situations where Authority approval is deemed important. ORDINANCE NO. 188, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PORTIONS OF CHAPTER 3 OF THE CITY CODE CONCERNING ALCOHOL BEVERAGES WHEREAS,the Fort Collins Liquor Licensing Authority(the"Authority"), in consultation with staff,has reviewed the provisions of Chapter 3 of the City Code concerning alcohol beverages and has recommended modifications to the provisions of said Chapter in order to increase the efficiency of the Authority and to harmonize the provisions of said Chapter with the provisions of the Colorado Liquor Code. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3-16 of the Code of the City of Fort Collins is amended to read as follows: Sec. 3-16 City Clerk's duties. The City Clerk shall: (1) Issue all licenses granted by the Liquor Licensing Authority upon receipt of such license fees as are required by law; (2) Serve as the secretary of the Liquor Licensing Authority; (3) Establish a calendar of regular meetings for the Liquor Licensing Authority which calendar may be modified by the authority; (4) Process all license renewal applications, except including late renewal applications, on behalf of the Liquor Licensing Authority upon receipt of a completed application and such license fees as are required by law;and (5) Process all applications for temporary permits on behalf of the Liquor Licensing Authority pursuant to §3-83. (6) Process all change in corporate structure, trade name change, and corporate name change report forms on behalf of the Liquor Licensing Authority upon receipt of a completed form and such license fees as are required by law;and (7) Process all transfer of ownership applications in which no new principals are being added to the ownership, on behalf of the Liquor',Licensing Authority 1 40 4tPrtY1 { ,ofa.eartt® R446 s ►�4 Section 2. That Section 3-53(c)(4)of the City Code is amended to read as follows: (4) The neighborhood affected by the application. There is a rebuttable presumption that the relevant neighborhood most likely to be affected by the applicant's proposed establishment is that area surrounding such establishment at a distartce of approximately _.,. one (1) mile radius on M! sides, squated to the newest street mid including both sides of any boaridwy . The City Clerk shall notify the applicant of the boundaries of the neighborhood pursuant to this presumption, which boundaries shall be accepted or rejected by the applicant, in writing, within five(5) days thereafter. If the proposed boundaries are rejected,the matter shall be scheduled for a boundary hearing before the authority,at which time evidence may be presented by any party-in-interest for the purpose of modifying the geographic extent of the presumed relevant neighborhood. Section 3. That Section 3-54(b) of the City Code is amended to read as follows: (b) Such notice shall contain a brief description of the grounds for conducting the hearing. The hearing shall be held as soon as is reasonably possible, but in no event shall it be held sooner than foutteen (f 4) days after notice has been mailed or delivered to the licensee. Section 4. That Section 3-72 of the City Code is hereby deleted in its entirety. licensee ceases to be the manager or the manager of moid ceases to be the inarraget; the li"113CC MIMI L!Vtify tire eity eierk vvithin fi ve(5)days and shall designate a new tegistered trianager to tire authority fOL aPPIUVai Withh! thirty (36) days. Such Ie6ibtCLed by tile fiCeMeC With tile MIHIOLity. No person shall be a registeted MaMtgeL approval is cousideted. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D. 2000, and to be presented for final passage on the 2nd day of January, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of January, A.D. 2001. Mayor ATTEST: City Clerk . 3