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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/06/2011 - FIRST READING OF ORDINANCE NO. 173, 2011, AMENDINGDATE: December 6, 2011 STAFF: Aimee Jensen AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT First Reading of Ordinance No. 173, 2011, Amending the City Code Concerning the Issuance of Special Event Permits by the Local Licensing Authority. EXECUTIVE SUMMARY Legislators adopted Senate Bill 11-066, which authorizes a local liquor licensing authority to issue special event permits to qualifying organizations and political candidates without sending the application to the state authority for approval. The proposed amendments to the City Code will authorize the local licensing authority to approve special event permit applications locally without obtaining state approval as allowed under Senate Bill 11-066. Additionally, there is a proposed increase of $25 in the local application fee to help defray some of the costs associated with the local application process, which generally exceed the proposed fee of $50 per day of permitted event. BACKGROUND / DISCUSSION Prior to this statutory change, local authorities were authorized to approve applications for special event permits, and then send them to the state authority for final approval. This change will allow the local authority to approve a special event permit in a shortened time period. FINANCIAL / ECONOMIC IMPACTS The $25 local fee increase diverts the fee previously paid to the State ($25 per day for the malt, spirituous, and vinous liquor and $10 per day for 3.2% beer) to the City, resulting in no net increase for malt, vinous and spirituous liquor permit applicants and a 60% increase in fees for 3.2% beer permit applicants. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH When this bill was signed by the Governor on May 23, 2011, staff began informing all the special event permit applicants about this upcoming change. The response was unanimously positive. In addition to these discussions, staff e-mailed special event permit applicants, notifying them of these changes. ATTACHMENTS 1. Memo from Municipal Judge, Kathleen Lane ORDINANCE NO. 173, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE ISSUANCE OF SPECIAL EVENT PERMITS BY THE LOCAL LICENSING AUTHORITY WHEREAS, the Colorado General Assembly adopted Senate Bill 11-066, which took effect August 10, 2011, and which allows a local licensing authority to elect to assume sole authority to approve or deny applications for special event permits to serve alcohol; and WHEREAS, prior to this statutory change, local authorities were only authorized to approve applications for special event permits and to then submit those approved applications to the State Liquor Enforcement Division for final approval and issuance; and WHEREAS, staff recognizes the benefit to applicants in allowing the local licensing authority to approve special event permit applications locally without obtaining State approval; and WHEREAS, staff believes that the current application process provides an extensive and complete review of each special event permit application submitted to the City Clerk’s Office; and WHEREAS, staff believes it would be in the best interest of the City to exercise local control over special event liquor permitting allowed by Senate Bill 11-066; and WHEREAS, in addition to exercising local control over special event liquor permits, staff also recommends increasing the application fee for a special event liquor permit per day from $25.00 to $50.00 to help defray some of the costs associated with the local application process; and WHEREAS, said fee increase diverts the fee previously paid to the State ($25 per day for the malt, spirituous, and vinous liquor and $10 per day for 3.2% beer) to the City, resulting in no net increase for malt, vinous and spirituous liquor permit applicants and a 60% increase in fees for 3.2% beer permit applicants; and WHEREAS, the costs associated with processing the two types of special event permits are the same, regardless of the type of permit issued, and generally exceed the proposed fee of $50 per day of permitted event; and WHEREAS, the City Council believes that it would be in the best interests of the City to both exercise local control over special event liquor permitting, and to increase the application fee for a special event liquor permit to $50.00 per day of the permitted special event. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3-16 of the Code of the City of Fort Collins is hereby amended to be 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. . . . (8) Process all applications for special event permits on behalf of the Liquor Licensing Authority pursuant to Section 3-83.5. Section 2. That Section 3-74 of the Code of the City of Fort Collins is hereby amended to be read as follows: Sec. 3-74. Application fees. (a) Application fees shall be payable to the City as follows: . . . (7) Special events permit (per day) ……………. 25.50. . . . Section 3. That Chapter 3, Article III of the Code of the City of Fort Collins is hereby amended by the addition of a new section 3-83.5 which reads in its entirety as follows: Sec. 3 -83.5 Special Event Permit. (a) The City Clerk may, pursuant to Section 12-48-101 et seq., C.R.S, and the Colorado Code of Regulations 1 C.C.R. 203-2, 47-1000 through 47-1020, approve an application for a special event permit for the sale, by the drink only, of fermented malt beverages, or of malt, spirituous, or vinous liquors to qualified organizations and political candidates. Such special event permit shall authorize a permittee to sell such alcohol beverages at the location and for the duration of time specified on the issued permit. (b) If the City Clerk receives an objection to the issuance of a special event permit from one or more parties in the designated neighborhood as determined by the City Clerk’s Office, the matter will be scheduled for a hearing before the Authority at its next regularly scheduled meeting, at which time the Authority shall consider any and all objections, and it may, pursuant to Section 12-48-101 et seq., C.R.S. and -2- the Colorado Code of Regulations 1 C.C.R. 203-2, 47-1000 through 47-1020, either approve or deny the special event permit application. (c) If the City Clerk decides to deny the application for a special event permit applied for under this Section, and the applicant wishes to contest the denial, the applicant shall be entitled to a hearing before the Authority at its next regularly scheduled meeting, at which time the Authority shall consider whether the City Clerk properly applied the law pursuant to Section 12-48-101 et seq., C.R.S. and the Colorado Code of Regulations 1 C.C.R. 203-2, 47-1000 through 47-1020, and whether to uphold the decision of the City Clerk or overturn it and approve the special event permit application. Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of December, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-