HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - SECOND READING OF ORDINANCE NO. 083, 2008, AMENDIN ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: August 19, Zoos
FORT COLLINS CITY COUNCIL STAFF: Aimee Jensen
SUBJECT
Second Reading of Ordinance No. 083, 2008,Amending Chapter 3 of the City Code to Include Art
Gallery Permits.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,unanimously adopted on First Reading on July 15,2008, amends the City Code to
include the fees and approval process for Art Gallery Permits.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - July 15, 2008.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: July 15, Zoos
FORT COLLINS CITY COUNCIL
w. 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 licatio fee $ 5 to" efray the administrative costs of
issuing and tracking art galle ermits. ev ue eceived Il 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.AK . 47 )? Iss(
I' ow Art Gallery (an establishment
whose primary purpose is the isplay sale a £ned in section C.R.S. 6-15-101,
or precious or semi-preciou etals sto define in C.R.S. 18-16-102), to serve
complimentary alcohol beverage 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.
July 15, 2008 -2- Item No. 14
• shall not intentionally allow more than 250 people to be on the licensed premises at any
one time while alcohol beverages are being served.
These permits will be apprtt:and,
dni vel t rvsecretary to the Liquor Licensing
Authority, similar to special e and e fa , peIn response to requests from ouieil em} r-s, staff as prepared an ordinance to codify
the fees and approval process.
y
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 license 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) 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; 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
§ 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.
-2-
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 da ugust, A.D. 2008.
Ma r ,
ATTEST:
JOA
City Clerk F'
Y
Passed and adopted on final reading on the 19th day of August, A.D. 2008.
Mayor
ATTEST:
City Clerk
-3-