HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2008 - FIRST READING OF ORDINANCE NO. 083, 2008, AMENDING ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: July 15, Zoos
FORT COLLINS CITY COUNCIL
STAFF: Aimee Jensen
SUBJECT
First Reading of Ordinance No. 083, 2008, Amending Chapter 3 of the City Code to include Art
Gallery Permits.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
This Ordinance will set an application fee of $103.75 to defray the administrative costs of
issuing and tracking art gallery permits. Revenue received will be placed in the City's General
Fund.
EXECUTIVE SUMMARY
This Ordinance will amend the City Code to include the fees and approval process for Art
Gallery Permits.
BACKGROUND
In 2008, the Colorado General Assembly adopted, and the Governor signed into law, House Bill
04-1105 (now codified as C.R.S. §12-47-422). This will allow an Art Gallery (an establishment
whose primary purpose is the display and sale of fine art as defined in section C.R.S. 6-15-101,
or precious or semi-precious metals or stones as defined in C.R.S. 18-16-102), to serve
complimentary alcohol beverages on the licensed premises.
Under this new law, Art Gallery Permittees:
• may not charge an entrance fee or cover charge.
• may not sell directly or in directly alcohol beverages by the drink.
• may not serve more than 4 hours in any one day.
• may not serve more than 15 days per year of licensure.
• shall not intentionally allow more than 250 people to be on the licensed premises at any
one time while alcohol beverages are being served.
July 15, 2008 -2- Item No. 14
These permits will be approved administratively by the secretary to the Liquor Licensing
Authority, similar to special event and bed and breakfast permits.
In response to requests from several Councilmembers, staff has prepared an ordinance to codify
the fees and approval process.
ORDINANCE NO. 083 , 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF FORT COLLINS
TO ALLOW ART GALLERY PERMITS
WHEREAS , in 2008 , the Colorado General Assembly adopted and the governor signed into
law House bill 08- 1105 , effective July 1 , 2008 , allowing local jurisdictions to permit art gallery
owners within City limits to serve complimentary malt, vinous, or spirituous liquors for consumption
on the licensed premises provided that the applicant is able to offer such beverages without violating
state liquor law or creating a public safety risk to the neighborhood; and
WHEREAS , the City Council desires to adopt an ordinance authorizing the issuance of art
gallery permits to art galleries within the City subject to certain limitations .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 3 - 1 of the Code of the City of Fort Collins is hereby amended
as follows :
See . 3 - 1 . Definitions.
License shall mean an official grant of permission:
( 1 ) to sell fermented malt beverages, malt, special malt, vinous or spirituous
liquors at retail or for on-premises consumption;
(2) or to offer complimentary fermented malt beverages, malt, special malt,
vinous or spirituous liquors for consumption by overnight guests on the
premises of a bed and breakfast establishment within the City limits as
evidenced by a City-issued form, license, permit, insignia or tag; or
(3 ) to offer complimentary malt, vinous, or spirituous liquors for consumption
by patrons on the licensed premises of an art gallery within the City limits
as evidenced by a City-issued form, license, permit, insignia or tag.
Licensee shall mean a person issued a licensed by law to sell fermented malt
beverages, malt, special malt, vinous or spirituous liquors at retail or for on-premises
consumption or a person issued a permit to :
( 1 ) or a person permitted to .offer complimentary fermented malt beverages,
malt, special malt, vinous or spirituous liquors for consumption by
overnight guests on the premises of a bed and breakfast establishment
who is engaged at any time during the calendar year in such operatio
within the ei�Lp; or
(2) offer complimentary malt, vinous, or spirituous liquors for consumption by
patrons on the licensed premises of an art gallery; or
(3 ) sell fermented malt beverages, malt, special malt, vinous or other spirituous
liquors for consumption during a special event; or
(4) sell or offer complimentary fermented malt beverages, malt, special malt,
vinous or other spirituous liquors for on-premises consumption as
authorized by law.
Section 2 . That Section 3 - 16 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec . 3 - 16. City Clerk duties.
The City Clerk shall . . .
(5 ) Process all applications for temporary, art gallery, special event and bed
and breakfast permits on behalf of the Liquor Licensing Authority pursuant
to Src.-§ 3 - 83 ,
Section 3 . That Section 3 -74 the Code of the City of Fort Collins is hereby amended to
read as follows :
Sec. 3-74. Application fees.
(a) Application fees shall be payable to the City as follows :
Fees
( 11 ) Art gallery permit . . , . . , 103 , 75 ,
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Introduced, considered favorably on first reading, and ordered published this 15th day of
July, A.D . 2008 , and to be presented for final passage on the 19th day of August, A.D . 2008 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 19th day of August, A . D . 2008 .
Mayor
ATTEST :
City Clerk
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