HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2006 - FIRST READING OF ORDINANCE NO. 087, 2006, AMENDING ITEM NUMBER: 30
AGENDA ITEM SUMMARY DATE: May 16, 2006
FORT COLLINS CITY COUNCIL STAFF: Aimee Jensen
Teresa Ablao
Robert Younger
SUBJECT
First Reading of Ordinance No. 087, 2006, Amending Chapter 3 of the City Code to Allow
Alcohol Beverage Tastings (Options A and B).
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
This Ordinance will set an application fee of$150 to defray the administrative costs of issuing
and tracking tasting permits. Revenue received will be placed in the City's General Fund.
EXECUTIVE SUMMARY
This Ordinance will amend the City Code to allow alcohol beverage tastings at retail liquor
stores. Staff is presenting two options for Council consideration. Option A will limit alcohol
beverage tastings to beer and wine. Option B will allow tastings of spirituous liquors as well as
beer and wine. The number of tasting events for a retail liquor store license would be limited to
52 days per year.
BACKGROUND
In 2004, the Colorado General Assembly adopted, and the Governor signed into law, House Bill
04-1021 [now codified as C.R.S. §12-47-301(10)] permitting local jurisdictions to allow retail
liquor stores and liquor-licensed drugstores to conduct sample tastings of alcohol beverages
(beer, wine and liquor) in their establishments without charging for such samples. This bill also
requires that, if a local government desires to allow such tastings in its jurisdiction, the local
governmental body must do so by ordinance.
In response to requests from several Councilmembers, staff reviewed tastings ordinances from
other jurisdictions and weighed the advantages and disadvantages of permitting tastings in Fort
Collins, the cost to the City to do so, and safety and law enforcement concerns.
May 16, 2006 -2- Item No. 30
After discussion at the April 25, 2006 work session, Council reviewed information regarding
alcohol beverage tastings and directed staff to present two optional versions of a tastings
ordinance.
Option A -Limits Alcohol Beverage Tastings to Beer and Wine
This option will result in minimal additional staff and police services. It is estimated that 16+
staff hours would be required annually for administration and enforcement. The administrative
costs (Deputy City Clerk, Assistant City Attorney and Municipal Judge) would be approximately
$600, depending on how many stores apply for a permit. There are currently 29 retail liquor
stores in Fort Collins.
A fee would be imposed for the issuance of a tastings permit. Staff is recommending the fee for
processing an initial application be in the amount of$150 with a renewal fee of$50.
State law prohibits the Cityfrom taking law enforceme
nt costs into consideration in determining
the amount of the application fee. Enforcement would be driven by complaint only. A proactive
approach to enforcement (random compliance checks) would increase administrative costs to
$1200 (32+hours).
Larimer County has opted to limit retail liquor store licenses to beer and wine tastings only and,
to date, has issued two tastings permits in unincorporated Larimer County - one in south Fort
Collins and one outside of Loveland. See spreadsheet (Attachment 2) for other jurisdictions'
fees and limitations.
Option B- Allows Tastings of Spirituous Liquors as Well as Beer and Wine
This option will require staff and police resources of 16+ hours annually (approximate
administrative cost $600), depending on how many stores apply for a permit. State statute
allows a local jurisdiction to impose stricter requirements than the State requirements regarding
the days on which tastings can be held, the duration of a tastings and the number of tastings that
can be held each year per licensee.
During the April 25th work session, staff recommended the following requirements and
restrictions to alcohol beverage tastings. These recommendations are included in both options.
• Tastings will be limited to 52 days per year per licensee (to minimize chance of
violations).
• Tasting samples will be served in clear containers (to facilitate visual monitoring of
product samples).
• The Authority could deny the application for a tastings permit if the applicant had a
previous liquor code violation in the preceding two years or if he or she could not
demonstrate an ability to conduct the tastings in accordance with the law and without
creating a safety risk to the neighborhood.
May 16, 2006 -3- Item No. 30
• The applicant will need to provide a schedule of the anticipated tastings and a log of
completed tastings upon renewal (to ensure that licensees do not exceed allowable days
and hours).
• Enforcement will be by complaint only (reactive) due to limited staff and financial
resources.
Questions from Work Session
At the Council Work Session, staff was asked to respond to the following questions:
• What do micro-breweries think of the tasting ordinance?
Comments from three local breweries ranged from neutral to supportive. Anheuser-
Busch will submit its comments at a later time, and those comments will be provided to
Council under separate cover as soon as they are received.
• How is it that micro-breweries can offer tastings now?
The term "micro-breweries" is not defined by the State Liquor Code.
The State has given local jurisdictions the authority to grant, deny, and disciplinary
actions against retail liquor licenses (i.e., hotel-restaurant, tavern, retail liquor stores,
brew-pubs, etc.). Brew-pubs are allowed to host tastings since they are licensed for `on-
premise' consumption, meaning patrons can consume alcohol inside the brew-pub (i.e.,
CooperSmith's, C.B. & Potts, and Conor ONeills). Retail liquor stores hold "off-
premise" licenses, which do not permit consumption within a store unless there is a
tastings permit in place.
According to the State Liquor Authority, beer manufacturers are allowed to have "sales
rooms", allowing them to conduct tastings, serve and sell food, sell general merchandise
and beverages to be taken off the premises by the consumer.
• Why did Larimer County not include spirituous liquors?
According to Gael Cookman, Staff Services Manager, the Larimer County Board of
Commissioners opted to limit tasting permits to beer and wine for two reasons. First, it
was concerned with the high alcohol content of spirituous liquors as opposed to beer and
wine, and, second, none of the interested retail licensees requested spirituous liquors be
included - the licensees were interested in beer and wine only.
The Board of Commissioners stated it may consider adding spirituous liquors to its
tastings ordinance in the future.
May 16, 2006 -4- Item No. 30
• What licensing fees does the State allow?
C.R.S. §12-47-505 (4)(a) states that each application for a license must be accompanied
by an application fee (with limits set by the State) in an amount determined by the local
licensing authority to cover actual and necessary expenses attendant to processing the
applications. Application fees are separate from license fees, which are also determined
by the State. These fees are paid to the City of Fort Collins.
Application Fees New License $500.00 maximum allowed by State
Transfer of Ownership $400.00 (maximum allowed by State is
$500 - staff could not justify a transfer
application fee of$500
Renewal Fee $50.00 maximum allowed by State
Under separate cover, the City Attorneys Office will be responding to additional questions
regarding cost recovery and fees and taxes.
ATTACHMENTS
1. State statute authorizing g tastin s
2. Matrix of other jurisdictions fees and limitations
3. work session summary
ATTACHMENT 1
12-47-301 Licensing in General (Alcohol Beverage Tastings)
(10)(a) The provisions of this subsection (10) shall only apply within a county, city and
county, or municipality if the governing body of the county, city and county, or
municipality adopts an ordinance or resolution authorizing tastings pursuant to this
subsection(10). The ordinance or resolution may provide for stricter limits than this
subsection (10) on the number of tastings per year per licensee, the days on which
tastings may occur, or the number of hours each tasting may last.
(b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct
tastings may submit an application or application renewal to the local licensing authority.
The local licensing authority may reject the application if the applicant fails to establish
that he or she is able to conduct tastings without violating the provisions of this section or
creating a public safety risk to the neighborhood. A local licensing authority may
establish its own application procedure and may charge a reasonable application fee.
(c) Tastings shall be subject to the following limitations:
(I) Tastings shall be conducted only a person who has completed a server training
program that meets the standards established by the Liquor Enforcement Division in the
Department of Revenue and who is either a retail liquor store licensee or a liquor-licensed
drugstore licensee, or an employee of a licensee, and only on a licensee' licensed
premises.
(II) The alcohol used in tastings shall be purchased through a licensed wholesaler,
licensed brew pub, or winery licensed pursuant to section-12-47-403 at a cost that is not
less than the lain-in cost of such alcohol.
(III) The size of an individual alcohol sample shall not exceed one ounce of malt or
vinous liquor or one-half of one ounce of spirituous liquor.
(IV) Tastings shall not exceed a total of five hours in duration per day, which need not be
consecutive.
(V) Tastings shall be conducted only during the operating hours in which the licensee on
whose premises the tastings occur is permitted to sell alcohol beverages, and in no case
earlier than 11 a.m. or later than 7 p.m.
(VI) The licensee shall prohibit patrons from leaving the licensed premises with an
unconsumed sample.
(VII) The licensee shall promptly remove all open and unconsumed alcohol beverage
samples from the licensed premises or shall destroy the samples immediately following
the completion of the tasting.
(VII) The licensee shall not serve a person who is under twenty-one years of age or who
is visibly intoxicated.
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(IX) The licensee shall not serve more than four individual samples to a patron during a
tasting.
(X) Alcohol samples shall be in open containers and shall be provided to a patron free of
charge.
(XI) Tastings may occur on no more than four of the six days from a Monday to the
following Saturday, not to exceed one hundred four days per year.
(XII) No manufacturer or spirituous or vinous liquors shall induce a licensee through free
goods or financial or in-kind assistance to favor the manufacturer's products being
sampled at a tasting. The licensee shall bear the financial and all other responsibility for a
tasting.
(d) A violation of a limitation specified in this subsection (10) or of section 12-47-801 by
a retail liquor store or liquor-licensed drugstore licensee, whether by his or her
employees, agents, or otherwise, shall be the responsibility of the retail liquor store or
liquor-licensed drugstore licensee who is conducting the tasting.
(e) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be
subject to the same revocation, suspension, and enforcement provisions as otherwise
apply to the licensee.
(f)Nothing in this subsection (10) shall affect the ability of a Colorado winery licensed
pursuant to section 12-47-402 or 12-47-403 to conduct a tasting pursuant to the authority
of section 12-47-402 (2) or 12-47-403 (2)(e).
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ATTACHMENT
City of Fort Collins
WORK SESSION SUMMARY
Date: April 27, 2006
To: Mayor and Members of City Council
Thru: Darin Attebetry, City Manager
From: Aimee Jensen,Deputy City Clerk
Teresa Ablao,Assistant City Attomey-*C-�
Robert Younger,Liquor Enforcement Officer
Re: Work Session Summary—April 25, 2006 -Alcohol Beverage Tastings Ordinance
City staff provided an overview of House Bill 04-1021 [now codified as CRS 12-47-301(10)] which
permits local jurisdictions to allow retail liquor stores and liquor-licensed drugstores to conduct
sample tastings of alcohol beverages (beer,wine and liquor) in their establishments without charging
for such samples. This bill also requires that, if a local government desires to allow such tastings in
its jurisdiction, the local governmental body must do so by ordinance.
Three options were presented for Council consideration; (1) do not allow tastings within the City
limits, (2) adopt an ordinance allowing only beer and wine, or (3) adopt an ordinance allowing beer,
wine and spirituous liquors. Council was supportive of staff bringing forward two ordinances, one
allowing only beer and wine, and the other allowing beer,wine and spirituous liquors.
Council expressed concern with licensees controlling how many samples an individual consumes.
Liquor Enforcement Officer Younger described some of the methods licensees could use to ensure
patrons do not consume more than four samples each.
Items that Council has requested clarification on are:
• What do micro breweries think of the tasting ordinance?
• How is it that micro breweries can offer tastings now?
• Why did Larimer County not include spirituous liquors in its ordinance?
• What licensing fees does the State allow?
• Memo regarding legal issues and recouping more of actual costs.
• How might the City be able to recover more of the costs it incurs in issuing licenses,
enforcing the Liquor Code and dealing with unruly behavior of intoxicated persons? In
particular, could the City enact some kind of excise tax related to the consumption of
alcohol in addition to the existing occupation tax?
Staff is in the process of gathering this information for Council.
300 LaPorte Avenue • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6515 • FAX(970)221-6295
OPTION A - BEER AND WINE ONLY
ORDINANCE NO . , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE
CITY OF FORT COLLINS TO ALLOW ALCOHOL BEVERAGE TASTINGS
WHEREAS, in 2004, the Colorado General Assembly adopted and the governor signed into
law House Bill 04- 1021 (now codified at C . R. S . § 12-47-301 ( 10), permitting local jurisdictions to
allow retail liquor stores and liquor-licensed drugstores to conduct sample tastings of liquor and malt
and vinous (beer and wine) beverages in their establishments without charging for such samples;
and
WHEREAS , House Bill 04- 1021 requires that an ordinance be enacted by any local
jurisdiction that wishes to allow such beer and wine tastings ; and
WHEREAS , the City Council desires to adopt an ordinance authorizing the beer and wine
tasting of malt and vinous beverages (beer and wine) at retail liquor stores and liquor-licensed
drugstores 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 the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 - 87 which shall read in its entirety as follows :
Sec. 3-87. Beer and wine tastings authorized ; permit required.
(a) Beer and wine tastings on the licensed premises of a retail liquor store
licensee or of a liquor-licensed drugstore licensee are authorized to be conducted
within the city in accordance with C .R. S . Section 12-47-301 ( 10) and subject to the
provisions of this Chapter.
(b) The Authority is authorized to issue beer and wine tasting permits in
accordance with the requirements of this Chapter.
(c) It shall be unlawful for any person to conduct beer and wine tastings within
the city without having first received a permit issued in accordance with this Section.
(d) Retail liquor store licensees and liquor-licensed drugstore licensees desiring
to conduct tastings shall submit a tasting permit application to the City Clerk
accompanied by a one hundred and fifty dollar ($ 150 .) application fee.
(e) The Authority shall establish the procedures for obtaining a beer and wine
tasting permit which procedures shall include, without limitation, conducting a
noticed public hearing before the Authority at which hearing the applicant must
establish that the applicant is able to conduct beer and wine tastings without violating
the provisions of this Chapter. The Authority may deny the application and any
renewal application if it finds that the applicant has violated any provision of the
liquor code, rules and regulations, or the City Code pertaining to alcohol sales and
service in the previous two (2) years, or if the applicant has not established the
ability to conduct beer and wine tastings in accordance with the provisions of this
Chapter, or if the Authority finds that the proposed beer and wine tastings would
create a public safety risk to the neighborhood. The notice required for the public
hearing shall be the posted and published notices required by C .R. S . Section 12-47-
311 .
(f) The forms for the beer and wine tasting permit application, the renewal
application, and the beer and wine tasting permit shall be those prescribed by the
Authority. These forms shall include, without limitation, a schedule of the dates and
times of the beer and wine tastings to be conducted on the licensed premises and by
whom during the term of the permit. The licensee may deviate from the approved
schedule provided that: ( 1 ) the licensee gives the City Clerk and the city's liquor
enforcement officer seven (7) days prior written notice of such deviation; and (2)
such deviation does not violate any provision of this Chapter, the Colorado Liquor
Code, Code of Regulations or any other state law or municipal ordinance or
regulation. An applicant for a beer and wine tasting permit must also include with
the filing of the initial and any renewal application, and keep current with the City
Clerk's office at all times, written proof that the licensee and each employee of the
licensee who will be conducting the beer and wine tastings have completed a server
training program for beer and wine tastings that meets the standards required by state
law.
(g) Renewal of beer and wine tasting permits shall be concurrent with the
renewal of licenses for retail liquor stores and liquor-licensed drugstores . A
licensee's initial beer and wine tasting permit shall expire on the same date as the
date of the licensee's retail liquor store or liquor-licensed drugstore license expires .
The initial beer and wine tasting permit application fee shall not be prorated if the
permit expires in less than a year. Beer and wine tasting permit renewal forms shall
be submitted to the City Clerk accompanied by a fifty dollar ($ 50 .) renewal fee. The
City Council may change this fee by resolution.
(h) Beer and wine tasting permits shall be conspicuously and prominently
posted by the licensee on the licensed premises at all times during business hours.
(i) A beer and wine tasting permit shall only be issued to a retail liquor store
or a liquor-licensed drugstore licensee whose license is valid, not subject to a current
or pending enforcement action by the city or the state and in full force and effect.
Section 2 . That the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 - 88 which shall read in its entirety as follows :
Sec. 3-88. Limitations on beer and wine tastings.
(a) Beer and wine tastings within the city shall be subject to the following
limitations :
( 1 ) Beer and wine tastings shall be conducted only by a person who has
completed a server training program that meets the standards established
by the liquor enforcement division of the Colorado Department of Revenue
and who is either a retail liquor store licensee or a liquor-licensed drugstore
licensee, or an employee of a licensee, and only on a licensee's licensed
premises ;
(2) The alcohol used in beer and wine tastings shall be purchased through a
licensed wholesaler, licensed brew pub, or winery licensed pursuant to
C .R. S . Section 12-47-403 at a cost that is not less than the laid-in cost for
such alcohol ;
(3 ) The size of an individual alcohol sample shall not exceed one ( 1 ) ounce of
malt or vinous liquor;
(4) Beer and wine tastings shall not exceed a total of five (5 ) hours in duration
per day, which need not be consecutive ;
(5 ) Beer and wine tastings shall be conducted only during the operating hours
in which the licensee on whose premises the beer and wine tasting occur
is permitted to sell alcohol beverages, and in no case earlier than 11 : 00 a.m.
or later than 7 : 00 p .m.
(6) The licensee shall prohibit patrons from leaving the licensed premises with
an unconsumed sample ;
(7) The licensee shall promptly remove all open and unconsumed beverage
samples from the licensed premises or shall destroy the samples
immediately following the completion of the beer and wine tastings ;
(8) The licensee shall not serve a person who is under twenty-one (21 ) years
of age or who is visibly intoxicated;
(9) The licensee shall not serve more than four (4) individual samples to a
patron during a beer and wine tasting;
3
( 10) The alcohol samples used in the beer and wine tastings shall be served in
clear, open containers and shall be provided to a patron free of charge ;
( 11 ) Beer and wine tastings may occur on no more than two (2) of the six (6)
days from a Monday to the following Saturday, not to exceed fifty-two (52)
days per year;
( 12) The licensee shall maintain on the licensed premises a log of all beer and
wine tastings on forms proscribed by the Authority to be submitted to the
City Clerk each year with the beer and wine tasting permit renewal
application and during all business hours the log shall be subject to
inspection by city and state officials authorized to enforce the Colorado
Liquor Code and/or the Fort Collins City Code upon request; and
( 13 ) No manufacturer of spirituous or vinous liquor shall induce a licensee
through free goods or financial or in-kind assistance to favor the
manufacturer's products being sampled at a beer and wine tasting and the
licensee shall bear the financial and all other responsibility for a beer and
wine tasting.
Section 3 . That the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 - 89 which shall read in its entirety as follows :
See. 3-89. Violations.
(a) A violation of a limitation specified in § § 3 - 87 and 3 -88 or in C .R. S .
Section 12-47-301 ( 10) by a retail liquor store or a liquor-licensed drugstore licensee,
whether by the licensee's employees , agents or otherwise, shall be the responsibility
of the retail liquor store or liquor-licensed drugstore licensee who is conducting the
beer and wine tasting.
(b) Retail liquor store and liquor-licensed drugstore licensees conducting a beer
and wine tasting shall be subject to the same revocation, suspension and enforcement
provisions as otherwise apply to those licensees by the Authority. The Authority
shall conduct a hearing with regard to any violation of § 3 -87 through § 3 -88 in
accordance with this Code, the Authority's rules, regulations and C .R. S . Section 12-
47-601 .
(c) Nothing in this Chapter shall affect the ability of a Colorado winery
licensed pursuant to C .R. S . Section 12-47-402 or 12-47-403 to conduct a beer and
wine tasting pursuant to the authority of C .R. S . Section 12-47-402(2) or 12-47-
403 (e).
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Section 4 . That Section 3 -74(a) of the Code of the City of Fort Collins is hereby
amended to add a new Subsection ( 10) to read as follows :
Sec. 3-74. Application Fees.
(a) Application fees shall be payable to the city as follows :
Fees
( 10) Beer and wine tastings permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 ,
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A . D . 2006, and to be presented for final passage on the 6th day of June, A.D . 2006 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D . 2006 ,
Mayor
ATTEST :
City Clerk
5
OPTION B - BEER, WINE AND LIQUOR
ORDINANCE NO . , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE
CITY OF FORT COLLINS TO ALLOW ALCOHOL BEVERAGE TASTINGS
WHEREAS, in 2004, the Colorado General Assembly adopted and the governor signed into
law House Bill 04- 1021 , now codified as C .R. S . § 12-47-301 ( 10) permitting local jurisdictions to
allow retail liquor stores and liquor-licensed drugstores to conduct sample tastings of alcohol
beverages in their establishments without charging for such samples ; and
WHEREAS , House Bill 04- 1021 requires that an ordinance be enacted by any local
jurisdiction that wishes to allow such tastings ; and
WHEREAS , the City Council desires to adopt an ordinance authorizing the tasting of alcohol
beverages at retail liquor stores and liquor-licensed drugstores 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 the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 - 87 which reads in its entirety as follows :
Sec. 3-87. Alcohol beverage tastings authorized ; permit required.
(a) Tastings on the licensed premises of a retail liquor store licensee or of a
liquor-licensed drugstore licensee are authorized to be conducted within the city in
accordance with C .R. S . 12-47-301 ( 10) and subject to the provisions of this Chapter.
(b) The Authority is authorized to issue tasting permits in accordance with the
requirements of this Chapter.
(c) It shall be unlawful for any person to conduct tastings within the city
without having first received a tasting permit issued in accordance with this Section.
(d) Retail liquor store licensees and liquor-licensed drugstore licensees desiring
to conduct tastings shall submit a tasting permit application to the City Clerk
accompanied by a one hundred and fifty dollar ($ 150 .) application fee.
(e) The Authority shall establish the procedures for obtaining a tasting permit
which procedures shall include, without limitation, conducting a noticed public
hearing before the Authority at which hearing the applicant must establish that the
applicant is able to conduct tastings without violating the provisions of this Chapter.
The Authority may deny the application and any renewal application if it finds that
the applicant has violated any provision of the liquor code, rules and regulations or
the City Code pertaining to alcohol sales and service in the previous two (2) years,
or if the applicant has not established the ability to conduct tastings in accordance
with the provisions of this Chapter or if the Authority finds that the proposed tastings
would create a public safety risk to the neighborhood. The notice required for the
public hearing shall be the posted and published notices required by C .R. S . Section
12-47-311 .
(f) The forms for the tasting permit application, the renewal application, and
the tasting permit shall be those prescribed by the Authority. These forms shall
include, without limitation, a schedule of the dates and times of the tastings to be
conducted on the licensed premises and by whom during the term of the permit. The
licensee may deviate from the approved schedule provided that : ( 1 ) the licensee
gives the City Clerk and the city's liquor enforcement officer seven (7) days prior
written notice of such deviation; and (2) such deviation does not violate any
provision of this Chapter, the Colorado Liquor Code, Code of Regulations or any
other state law or municipal ordinance or regulation. An applicant for a tasting
permit must also include with the filing of the initial and any renewal application,
and keep current with the City Clerk's office at all times, written proof that the
licensee and each employee of the licensee who will be conducting the tastings have
completed a server training program for tastings that meets the standards required
by state law.
(g) Renewal of tasting permits shall be concurrent with the renewal of licenses
for retail liquor stores and liquor-licensed drugstores . A licensee's initial tasting
permit shall expire on the same date as the date of the licensee's retail liquor store or
liquor-licensed drugstore license expires . The initial tasting permit application fee
shall not be prorated if the permit expires in less than a year. Tasting permit renewal
forms shall be submitted to the City Clerk accompanied by a fifty dollar ($ 50 . )
renewal fee . The City Council may change this fee by resolution.
(h) Tasting permits shall be conspicuously and prominently posted by the
licensee on the licensed premises at all times during business hours .
(i) A tasting permit shall only be issued to a retail liquor store or a liquor-
licensed drugstore licensee whose license is valid, not subject to a current or pending
enforcement action by the city or the state and in full force and effect.
Section 2 . That the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 - 88 which reads in its entirety as follows :
Sec. 348. Limitations on Tastings.
(a) Tastings within the city shall be subject to the following limitations :
( 1 ) Tastings shall be conducted only by a person who has completed a server
training program that meets the standards established by the liquor
enforcement division of the Colorado Department of Revenue and who is
either a retail liquor store licensee or a liquor-licensed drugstore licensee,
or an employee of a licensee, and only on a licensee's licensed premises ;
(2) The alcohol used in tastings shall be purchased through a licensed
wholesaler, licensed brew pub, or winery licensed pursuant to C .R. S .
Section 12-47-403 at a cost that is not less than the laid-in cost for such
alcohol;
(3 ) The size of an individual alcohol sample shall not exceed one ( 1 ) ounce of
malt or vinous liquor or one-half ( 1 /2) of one ( 1 ) ounce of spirituous liquor;
(4) Tastings shall not exceed a total of five (5) hours in duration per day,
which need not be consecutive;
(5 ) Tastings shall be conducted only during the operating hours in which the
licensee on whose premises the tasting occur is permitted to sell alcohol
beverages, and in no case earlier than 11 : 00 a.m. or later than 7 : 00 p .m.
(6) The licensee shall prohibit patrons from leaving the licensed premises with
an unconsumed sample ;
(7) The licensee shall promptly remove all open and unconsumed alcohol
beverage samples from the licensed premises or shall destroy the samples
immediately following the completion of the tastings ;
(8) The licensee shall not serve a person who is under twenty-one (21 ) years
of age or who is visibly intoxicated;
(9) The licensee shall not serve more than four (4) individual samples to a
patron during a tasting;
( 10) The alcohol samples used in the tastings shall be served in clear, open
containers and shall be provided to a patron free of charge;
( 11 ) Tastings may occur on no more than two (2) of the six (6) days from a
Monday to the following Saturday, not to exceed fifty-two (52) days per
year;
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( 12) The licensee shall maintain on the licensed premises a log of all tastings on
forms proscribed by the Authority to be submitted to the City Clerk each
year with the tasting permit renewal application and at all business hours
the log shall be subject to inspection by city and state officials authorized
to enforce the Colorado Liquor Code and/or the Fort Collins City Code;
and
( 13) No manufacturer of spirituous or vinous liquor shall induce a licensee
through free goods or financial or in-kind assistance to favor the
manufacturer's products being sampled at a tasting and the licensee shall
bear the financial and all other responsibility for a tasting.
Section 3 . That the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 3 -89 which reads in its entirety as follows :
See. 3-89. Violations.
(a) A violation of a limitation specified in § § 3 -87 and 3 -88 or in C .R. S .
Section 12-47-301 ( 10) by a retail liquor store or a liquor-licensed drugstore licensee,
whether by the licensee's employees, agents or otherwise, shall be the responsibility
of the retail liquor store or liquor-licensed drugstore licensee who is conducting the
tasting.
(b) Retail liquor store and liquor-licensed drugstore licensees conducting a
tasting shall be subject to the same revocation, suspension and enforcement
provisions as otherwise apply to those licensees by the Authority. The Authority
shall conduct a hearing with regard to any violation of § 3 -87 through § 3 -88 in
accordance with this Code, the Authority's rules, regulations and C .R. S . Section 12-
47-601 .
(c) Nothing in this Chapter shall affect the ability of a Colorado winery
licensed pursuant to C .R. S . Section 12-47-402 or 12-47-403 to conduct a tasting
pursuant to the authority of C .R. S . Section 12-47-402(2) or 12-47-403 (e) .
Section 4 . That Section 3 -74(a) of the Code of the City of Fort Collins is hereby
amended to add a new Subsection ( 10) to read as follows :
Sec. 3-74. Application Fees.
(a) Application fees shall be payable to the city as follows :
Fees
( 10) Tastings permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 ,
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Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D . 2006, and to be presented for final passage on the 6th day of June, A.D . 2006 .
Mayor
ATTEST :
City Clerk
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Passed and adopted on final reading on the 6th day of June, A.D . 2006 .
Mayor
ATTEST :
City Clerk
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