HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2001 - SECOND READING OF ORDINANCE NO. 188, 2000, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 10
DATE: January 2, 2001
FORT COLLINS CITY COUNCIL FROM: Kathleen M. Lane
Wanda Krajicek
SUBJECT:
Second 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 Second Reading.
EXECUTIVE SUMMARY:
Ordinance No. 188,2000,which was unanimously adopted on First Reading on December 19,2000,
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.
AGENDA ITEM SUMMARY ITEM NUMBER: 24
DATE: December 19, 2000
FORT COLLINS CITY COUNCIL FROM: Kathleen M. Lane
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 o CeOrdi0i PtReay
EXECUTIVE SUMMARY:
I
This Ordinance makes minor changes to increase the administrative efficiency of the Authority and
to harmonize the provisions of the=12V C deg ith- e< ovythe Colorado Liquor Code.
OKGROUND:
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 processand,ap(- cch�
rtai tt, tine tters ere objections have been received.
These routine matters in(
neg s n co ra s ct •e a licensee and the transfer of
ownership of a license when n prin als a bg dded the ownership(for example,when
i a partnership is removing a partfi an t n dd t a ew 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
I 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 Or din ov e ' atin'requirements of the City Code
which are for the most part r ndant slig y co ist rth the similar Colorado Liquor
Code provisions. The Color o Li quo Code it ontinue require manager registration and
approval in those situations wh tho t pro is dee important.
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