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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2000 - FIRST READING OF ORDINANCE NO. 21, 2000, AMENDING ITEM NUMBER: 37 AGENDA ITEM SUMMARY DATE: February 15, 2000 FORT COLLINS CITY COUNCIL STAFF' Stephen Roy Wanda Krajicek SUBJECT : First Reading of Ordinance No.21,2000,Amending Chapter 3 and 16 of the City Code Designating the Municipal Judge as the Liquor and Massage Licensing Authority. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Currently all liquor and massage licensing matters are heard by the Liquor and Massage Licensing Authority. Council appoints 7 volunteers to serve on this quasi-judicial board. Each Authority member can serve up to two 4 year terms. 110 On December 9, 1999, the Health& Safety Committee discussed the liquor licensing process and various alternatives in designating an Authority. The Committee requested that a draft ordinance establishing the Municipal Court Judge as the Liquor Licensing Authority be prepared for discussion at the January 20, 2000 Health and Safety Committee meeting. Staff presented this ordinance to the Health and Safety Committee on January 20, 2000. The Committee briefly discussed the Ordinance,made no substantive changes, and recommended it be brought to Council for formal consideration. Reasons cited for this proposed change are that the current Authority's membership changes every 4 years and it is difficult to maintain the high-level of training that the Municipal Judge already has. The Health and Safety Committee also noted that periodic turnover of Authority members (the Authority currently has two vacancies)can affect the consistency of decisions with regard to alleged misconduct on the part of licensees and sanctions imposed for violations. . ORDINANCE NO. 21, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 3 AND 16 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE DESIGNATION OF THE LIQUOR AND MASSAGE LICENSING AUTHORITY WHEREAS, the Fort Collins Liquor and Massage Licensing Authority ("Authority") is charged with the duty and authority to grant and deny liquor and massage licenses within the City of Fort Collins, to conduct show cause hearings and impose penalties upon such licensees, and to exercise those additional powers set forth in the Colorado Liquor and Massage Parlor Codes; and WHEREAS,in fulfilling the above functions,the Authority must frequently conduct quasi- judicial hearings and, on occasion, must determine whether licensees have violated state or local laws and regulations pertaining to the conduct of their establishments,and upon a determination that such violations have occurred, impose sanctions upon the licensees; and WHEREAS, the training of Authority members is technical in nature and calls for a knowledge of legal principles to be applied to the decision-making of the Authority; and WHEREAS,the current Authority is a volunteer citizen board composed of seven members serving four-year terms,which means that new Authority members must receive extensive training • regarding the areas of law applicable to their duties as members of the Authority; and WHEREAS, the periodic turnover of Authority members can affect the consistency of the Authority's decisions with regard to alleged misconduct on the part of licensees and the sanctions to be imposed for violations; and WHEREAS, the Municipal Judge is a licensed attorney who regularly conducts judicial hearings, makes determinations about citizens' compliance or noncompliance with local laws and imposes sanctions upon those persons who are found to have violated the law; and WHEREAS, the Council Health and Safety Committee has considered the question of whether the duties and functions of the Authority should be transferred to the Municipal Judge and has concluded that such transfer of responsibility would likely result in more consistent decision- making on the part of the Authority; and WHEREAS,the City Council believes that appointing the Municipal Judge to serve as the Authority for the City would be in the best interests of the City. • NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of"Party-in-interest'within Section 3-1 ofthe Code of the City of Fort Collins is amended by deleting subparagraph(4)of said definition as shown: Sec. 3-1. Definitions. Party-in-interest shall mean: (1) Any party-in-interest as defined in Section 12-47-311(5)(b), C.R.S.; (2) Any representative of a bona fide organized neighborhood group which encompasses part or all of the neighborhood under consideration; (3) Any member of the city staff, including but not limited to the City Manager, the City Attorney or the Chief of Police or representative thereof;- Section 2. That Section 3-32 of the Code of the City of Fort Collins is repealed and reeacted to read as follows: Sec. 3-32. Member ship, Cb p�sto . anternbei of the atrthority. (b) Each mernbei shall bet ve With=t Mnpenbati=fo, a teL111 Of four (4)years, except that LnernbeLa irmy be appointed by ate eity eomicii fOL a shot ter tenn in 01 da Section 3. That Sections 3-34 and 3-36 of the Code of the City of Fort Collins are hereby repealed in their entirety. Sec 3-34. Office.a, by lan . ear anthwity, appeals.See. 3-36. Legal advisor, wry decision of the atthority is appealed. All appeals frorri the local ficensir atlthMity shail be directly to the District evwt. Section 4. That Section 16-17 of the Code of the City of Fort Collins is amended to read as follows: Sec. 16-17. Alemhera 'hip,, term ,,,.P;Y�,S1',o . The authority shall consist of the tricirtbms v the Liquor Licensing Authority as set forth in §3-32. Section 5. That Sections 16-19 and 16-21 of the Code of the City of Fort Collins are hereby repealed in their entirety. Sec. 16-19. Officers, bylavvs. Section 6. That Section 16-36 of the Code of the City of Fort Collins shall be amended as follows: Sec. 16-36. Application. Application for a license shall be made on forms prepared and famished by the city. The information required of an applicant shall be established by resolution of the City Council.The City Clerk shall issue all licenses granted by the authority upon receipt of such license fees as are required by law.Applications for massage therapy p oof licenses shall be filed with the City Clerk. Section7. That the provisions of sections 3-1,3-32,3-34,3-36, 16-17, 16-19, 16-2 1, and 16-36,as they existed immediately prior to the adoption of this ordinance,shall remain in full force and effect until 12:01 a.m. April 1, 2000. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2000, and to be presented for final passage on the 7th day of March, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of March,A.D. 2000. Mayor ATTEST: City Clerk The results of the public outreach campaign will be shared with the Health & Safety Committee at a future meeting. 2. Public Nuisance Ordinance: Discussion: The Health & Safety Committee discussed and accepted the nine recommended changes to the draft Public Nuisance Ordinance. The changes include: • eliminate the possible remedies of closure and special receivership, • decriminalize the ordinance except for knowing violations of court orders, • except premises governed by the Colorado Beer Code and Colorado Liquor Code, • exempt premises owned by the State Board of Agriculture and used by CSU for housing and other educational purposes, • consolidate the definitions of"separate violation" and " criminal episode", • change the terms "temporary restraining order" and "permanent injunctions" to "temporary or permanent abatement orders", • make ex parte temporary abatement orders available only in situations that present a "risk of immediate and irreparable injury, loss or damage", • make the Colorado Rules of Civil Procedure pertaining to temporary restraining orders, preliminary injunctions and permanent injunctions generally applicable to orders obtained under this ordinance, and • consolidate the description of remedies that are available to the court in the form of either temporary or permanent abatement orders. Ann Turnquist reviewed the draft communications plan for the public nuisance ordinance and asked for feedback from the committee. The following committee comments were received: • since the ordinance is technical, it was suggested it be communicated in a manner that is easy for the public to understand, • a special effort (expanded timeframe) should be made to allow for and accommodate potentially affected interests, . the ordinance should encourage creative solutions to the problems and the consequences be progressive, • public outreach should be conducted to reach all segments of the community, • the deadline should be expanded to March 21, and • encourage Council members to conduct public outreach in their districts. Outcome: After considerable discussion, the committee unanimously supported a motion that: • would delay consideration by City Council until March 21 to allow adequate time to inform citizens about the ordinance and gather public input, • requests staff to communicate with Council members about prior processes involved, and • encourage Council members to conduct public outreach in their districts. The results of the public outreach will be reviewed at the February 17 Health & Safety Committee meeting. ..� 3. Liquor Licensina Authority: Discussion: The Health & Safety Committee discussed the liquor licensing process and various alternatives in designating an Authority. Staff noted . several vacancies currently exist on the Authority. While some of the actions that the Authority takes are administrative, many others are quasi-judicial in nature and require the Authority to exercise judgement in applying the state liquor codes to factual situations. Decisions of the Authority are not appealable to City Council, but rather to District Court within 30 days of the Authority's decision. Outcome: The Health & Safety Committee requested a draft ordinance establishing the Municipal Court Judge as the Liquor Licensing Authority, including a mechanism for oversight, be prepared and discussed at the January 20, 2000 Health & Safety Committee meeting. 4. Other Business: . The committee briefly discussed the comments about Police Services by _ Leroy Gomez at a recent City Council meeting. Mayor Martinez will provide a brief follow-up report on this topic at the next City Council meeting. • The next meeting of the Health & Safety Committee will be held on Thursday, January 20 at 4:30 p.m. in the CIC room. The topics will include a review of the draft ordinance concerning the Liquor Licensing Authority and a discussion of the public comments received on the proposed revisions to the noise ordinance. r CITY COUNCIL HEALTH & SAFETY COMMITTEE January 20, 2000 Council and Staff Members Present: Mayor Pro-Tem Wanner, Council Member Byrne, Council Member Kastein, Mayor Martinez, John Fischbach, Dennis Harrison, Rita Davis, Steve Roy, Greg Tempel, Rita Harris, Aimee Jensen, Brian Woodruff, Susie Gordon, Rich Kopp The meeting was called to order by Chairperson Mayor Pro-Tem Wanner. Council Member Byrne made a motion to accept the December 9, 1999 minutes with the following amendment: Section 1, Smoking in Public Places Ordinance: Discussion "generally not interested in pursuing more restrictions on privately owned businesses" to read "had mixed opinions in pursuing more restrictions on privately owned businesses". Council Member Kastein seconded the motion and the motion passed unanimously. Proposed Revisions to the Noise Ordinance: Discussion: The Committee continued its look at the city's 28 year-old noise ordinance and the changes being proposed which could be described as more of a "spring cleaning" than an significant overhaul of the existing regulations. Brian Woodruff characterized the proposed changes as modest noting they would include: • creating a code compliance inspector position, • providing limited exceptions for lawn maintenance, snow removal, and golf maintenance equipment, • placing stricter limits on pure tones and • setting acceptable decibel limits for different types of neighborhoods and/or equipment at various times. The biggest proposed change adds a clause that would incorporate individual rental units in the noise ordinance thus affording the same protection as a freestanding home. Currently the ordinance only covers a sound that cross property lines. The committee discussed how to handle noise that originates on county land and crosses over to city jurisdiction, the issue of who was there first and what is reasonable to expect. Outcome: The Heath and Safety Committee requested Brian Woodruff, and Rich Kopp work with Steve Roy to incorporate the following: the development of guidelines to identify exceptions for when conflicting land uses creates problems, . language specifying who would be responsible for abating a noise problem and to consider specifying that those there first can have higher levels. The committee also requested a live demonstration of various decibel levels to assist • in understanding of noise impacts. This information will be forthcoming to a future Health & Safety Committee meeting for additional discussion. —� Liquor Licensing Authority: Discussion: The committee discussed the draft ordinance that would change the designation of the Liquor Licensing Authority from the seven member citizen board to the Municipal Judge. Outcome: The Health and Safety Committee members agreed that with one minor modification the ordinance is ready to be brought forward to the City Council for consideration at the February 15 meeting. It was suggested that the second sentence in section 16.17 that reads "No person holding a massage therapy parlor license shall serve as a member of the authority." be stricken, as it does not pertain to this ordinance. The committee also suggested that the Judge provide some form of periodic feedback (such as attend Health & Safety - Committee) twice annually on how the process is working. Other Business: The next meeting of the Health & Safety Committee is scheduled for February 17 at 4:30 p.m. in the CIC room.