HomeMy WebLinkAbout031 - 03/21/1989 - AMENDING THE CITY CODE RELATING TO ALCOHOLIC BEVERAGES A
ORDINANCE NO. 31, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO
ALCOHOLIC BEVERAGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That Section 3-3 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-3. Violations; penalty.
Penalties for violations of this Chapter shall be as
provided in Section 1-15 and shall be in addition to any special
penalty provided for in this Chapter or by the laws of the state.
Notwithstanding any other penalty that may be levied, any
licensee who violates, or any licensee whose employees violate,
any of the terms of this Chapter or of Title 12, Articles 46, 47
and 48, C.R.S. , or the rules and regulations related thereto,
shall be subject to suspension or revocation of his or her
license pursuant to the laws of the state, the imposition of a
fine in lieu of suspension under the provisions of Sections
12-46-107(5) through (8) and 12-47-110(3) through (6) , C.R.S. ,
written reprimand or such other penalty as the authority deems
appropriate. Monies received through the payment of fines in
lieu of suspension shall be deposited into the general fund of
the city.
Section 2. That Section 3-16(2) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Serve as the secretary of the Liquor Licensing
Authority; and
Section 3. That Section 3-16 of the Code of the City of Fort Collins
is hereby amended by the addition of a new subsection (4) , to read as
follows:
(4) Process all license renewal applications on behalf of
the liquor licensing authority upon receipt of such
license fees as are required by law.
Section 4. That Section 3-33 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-33. Functions.
(a) The authority shall have the duty and authority to
grant or refuse licenses for the possession, sale, and offering
for sale of malt, special malt, vinous or spirituous liquors and
fermented malt beverages as provided by law, to conduct
investigations as are required by law and to levy penalties
against licensees in the manner provided by law.
(b) The authority shall have all the powers of the local
licensing authority as set forth in Title 12, Article 46, 47 and
48, C.R.S.
(c) The authority shall have the power to promulgate rules
and regulations concerning the procedures for hearings before it
and the presentation of evidence at hearings.
(d) The authority shall have the power to require any
applicant for a license to furnish any relevant information
required by the authority.
(e) The authority shall have the power to administer oaths
and issue subpoenas to require the presence of persons and the
production of papers, books and records necessary to the
determination of any hearing which the authority is authorized to
conduct. It shall constitute a violation of this Code for any
person to fail to comply with any subpoena issued by the
authority in the proper conduct of its hearings. A subpoena
shall be served in the same manner as a subpoena issued by the
District Court of the state.
Section 5. That Section 3-34 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-34. Officers; bylaws.
The authority shall elect annually from its membership a
chairperson and such other officers as may be required. Bylaws
may be adopted by the authority, which bylaws shall not be
inconsistent with the Charter and the Code. A copy of the bylaws
shall be filed with the City Clerk for the use of the City
Council immediately after adoption by the authority, and they may
be subject to the approval of the City Council .
Section 6. That Section 3-35 of the Code of the City of Fort Collins
is hereby retitled and subsection (c) is amended to read as follows:
Sec. 3-35. Meetings; minutes; annual report.
(c) On or before January 31 of each year, the authority
shall file a report with the City Clerk setting forth the number
of applications for licenses acted upon, the number of licenses
granted and the number denied and any other actions taken by the
authority during the past year.
Section 7. That Section 3-51 of the Code of the City of Fort Collins
is hereby amended to revise subsection (a) , repeal subsections (b) through
(h) and add a new subsection (b) , to read as follows:
Sec. 3-51. Conduct of hearings.
(a) All hearings before the authority shall be public and
shall be conducted according to the rules and regulations
concerning the procedure for hearings promulgated by the
authority.
(b) No testimony shall be offered at a hearing unless the
same is given under oath.
Section 8. That Section 3-52 of the Code of the City of Fort Collins
is hereby repealed and a new Section 3-52 is added, to read as follows:
Sec. 3-52. Public notice of hearings.
The applicant shall cause to be posted the public notice
required pursuant to Section 12-47-136, C.R.S. , for all hearings
to be held on applications for the sale of malt, special malt,
vinous or spirituous liquors, and fermented malt beverages. The
applicant shall provide to the City Clerk evidence of such
posting which shall consist of a photograph of the posted sign in
place together with a signed statement evidencing posting.
Section 9. That Section 3-53 of the Code of the City of Fort Collins
is hereby repealed and a new Section 3-53 is added, to read as follows:
Sec. 3-53. Hearings on new license and change of location
applications.
(a) Applicants and all other parties-in-interest may appear
in person or be represented by counsel . At any hearing held by
the authority for purposes of establishing the needs, desires and
requirements of the neighborhood, only a party-in-interest and
agents responsible for petition circulation shall be allowed to
present evidence, testify or cross-examine witnesses.
(b) The authority may limit the presentation of evidence
tending to be repetitious or immaterial .
(c) As applicable, the applicant may introduce evidence
with regard to the following:
(1) Information regarding the applicant's character,
reputation and other matters relating to the
personal qualifications of the applicant or any
other person whose personal qualifications are
relevant pursuant to law;
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(2) The applicant's relevant financial and management
associations and the relevant interests of other
persons in the business;
(3) The type of building in which the business is to
be conducted and the facilities which will be used
by the applicant, including a floor plan of the
proposed premises;
(4) The neighborhood affected by the application.
There is a rebuttable presumption that the
relevant neighborhood most likely to be affected
by the applicant's proposed establishment is that
area surrounding such establishment at a distance
of approximately one (1) mile on all sides,
squared to the nearest street and including both
sides of any boundary streets. The City Clerk
shall notify the applicant of the boundaries of
the neighborhood pursuant to this presumption,
which boundaries shall be accepted or rejected by
the applicant, in writing, within five (5) days
thereafter. If the proposed boundaries are
rejected, the matter shall be scheduled for a
boundary hearing before the authority, at which
time evidence may be presented by any
party-in-interest for the purpose of modifying the
geographic extent of the presumed relevant
neighborhood.
(5) The reasonable requirements of the neighborhood
and the desires of its inhabitants for the type of
license for which application has been made.
A. Petitions favoring or opposing the license
applied for may be presented at the hearing.
Petitions may be circulated only within the
neighborhood affected by the application.
Every person signing the petition shall sign
only their own name, address and their age or
otherwise indicate that such person is at
least of legal age to purchase or consume the
malt, special malt, vinous or spirituous
liquors or fermented malt beverages which are
the subject of the license applied for. The
date when the signature is affixed to the
petition shall be put on the petition by the
party signing the same. No signatures will be
considered which are dated prior to the date
the application was received by the City
Clerk.
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B. Each petition shall contain a verified
statement signed by the circulator of the
petition indicating that the circulator
personally witnessed each signature appearing
on the petition and that, to the best of
his/her knowledge, each signature is the
signature of the person whose name it purports
to be and that the address given opposite that
person ' s name is the true business or
residence address of the person signing the
petition.
(6) The proposed establishment meets the zoning and
planning requirements of the city.
(7) Any other pertinent matters affecting the
qualifications of the applicant and the location
of the proposed premises.
(d) Any party-in-interest may introduce evidence with
regard to any pertinent matter affecting the application.
(e) The authority may make such independent investigation
as it deems necessary or advisable in connection with any
application for a license.
Section 10. That Section 3-55 of the Code of the City of Fort Collins
is hereby renumbered and retitled to Section 3-54 and amended to read as
follows:
Sec. 3-54. Show cause hearings.
(a) When matters are brought to the attention of the
authority which, if substantiated, constitute a violation of this
chapter or of Title 12, Articles 46, 47 and 48, C.R.S. , or the
rules and regulations relating thereto, the authority shall
promptly notify the licensee, in writing, by mail or personal
delivery, of the date and time established for a show cause
hearing at which time the licensee will be required to show cause
why a penalty should not be levied if a violation is found.
(b) Such notice shall contain a brief description of the
grounds for conducting the hearing. The hearing shall be held as
soon as is reasonably possible, but in no event shall it be held
sooner than fourteen (14) days after notice has been mailed or
delivered to the licensee.
(c) At the hearing, the city shall present matters into
evidence and the licensee shall have an opportunity to present
evidence on the licensee's behalf and to comment upon the
evidence. The licensee shall be entitled to be represented by
counsel . The authority shall furnish the licensee its decision
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in writing within thirty (30) days following the hearing. In the
event of suspension or revocation of the license, no portion of
the annual license fee paid pursuant to Section 3-75 shall be
refunded.
Section 11. That Section 3-54 of the Code of the City of Fort Collins
is hereby renumbered and retitled to Section 3-55 and amended to read as
follows:
Sec. 3-55. Aggravating and mitigating factors considered at show
cause hearings.
In all cases where a violation of the applicable state or
local laws is found at a show cause hearing, the authority shall
consider the following factors in mitigation or aggravation prior
to determining the appropriate penalty:
(1) Seriousness of the violation;
(2) Corrective action;
(3) Prior violations and offenses at the licensed premises
and effectiveness of prior corrective action;
(4) Prior violations and offenses by the licensee or his or
her employees;
(5) Violation as a repeated course of conduct or as a
single event;
(6) Likelihood of recurrence;
(7) All circumstances surrounding a violation;
(8) Willfulness of the violation;
(9) Length of time a license has been held by the licensee;
(10) Previous sanctions imposed against the licensee; and
(11) Other factors making the situation with respect to the
licensee or premises unique.
Section 12. That Section 3-71 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-71. License required.
It shall be unlawful for any person within the city to
manufacture, sell , offer or possess for sale any malt, special
malt, vinous, spirituous liquors or fermented malt beverages
unless licensed to do so as provided by this Chapter and the
applicable provisions of Title 12, Articles 46, 47 and 48, C.R.S.
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Section 13. That Section 3-72 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-72. Manager's registration required.
Each licensee, regardless of type of license, shall manage
the licensed premises or special event or shall have a separate
and distinct manager who shall be registered by the licensee with
the authority. No person shall be a registered manager for more
than one (1) licensed premises pursuant to this Chapter. The
authority may refuse to approve the registration of any person as
a manager unless such person is satisfactory to the authority as
to moral character, record and reputation. When a licensee
ceases to be the manager or the manager of record ceases to be
the manager, the licensee shall notify the City Clerk within five
(5) days and shall designate a new registered manager to the
authority for approval within thirty (30) days. Such proposed
manager shall be present at the public meeting of the authority
wherein the approval is considered.
Section 14. That Section 3-73 of the Code of the City of Fort Collins
is hereby amended to repeal subsection (b) , amend subsection (a) and add a
new subsection (b) , to read as follows:
Sec. 3-73. Applications.
(a) All applications for liquor or fermented malt beverage
licenses shall be filed with the City Clerk. Any person applying
for such license shall file the state license application form
and the local license application forms, if any, all of which
shall be filled out and completed in all material detail ,
including all exhibits that may be required to be attached in
accordance with any local requirements. Incomplete or erroneous
applications shall be rejected. All application forms shall be
typewritten or printed in black or blue ink. All other
information or exhibits submitted shall be typewritten or printed
in black or blue ink except plans and specifications which may be
required.
(b) The City Clerk shall establish application filing
deadlines so as to allow sufficient time for completion of
investigations, posting and publishing notice of hearings, if
applicable, and taking such other action as is necessary prior to
the authority's consideration of the application.
Section 15. That Section 3-74 of the Code of the City of Fort Collins
is hereby repealed.
Section 16. That Section 3-75 of the Code of the City of Fort Collins
is hereby renumbered to Section 3-74 and amended to read as follows:
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Sec. 3-74. Application fees.
(a) Application fees shall be payable to the city as
follows:
Fees
(1) New License (including change of class
of license) . . . . . . . . . . . . . . . . 450.
(2) Transfer of ownership (including
changes in corporate structure)
or change of location of license . . . . . . 250.
(3) Renewal of license . . . . . . . . . . . . 50.
(4) Manager registration . . . . . . . . . . . 75.
(5) Special events permit . . . . . . . . . . . 25.
(6) Modification of premises . . . . . . . . . 250.
(b) The foregoing fees shall be nonrefundable except that
the application fee for a modification of premises shall be
refunded if a hearing is not required pursuant to Section 3-78.
The foregoing fees shall be in addition to any fees imposed by
the state.
Section 17. That Section 3-76 of the Code of the City of Fort Collins
is hereby renumbered Section 3-75 and amended to read as follows:
Sec. 3-75. Annual license fees.
Annual license fees shall be paid to the city as provided by
state law. Annual license fees shall be paid in advance and
shall not be rebated or discounted on a proportionate basis for
any license in existence or issued for less than a year. The
fees shall be in addition to any annual license fees required to
be paid to the state.
Section 18. That Section 3-77 of the Code of the City of Fort Collins
is hereby renumbered Section 3-76, subsection (c) is amended to read as
follows, a new subsection (d) is added to read as follows and the existing
subsection (d) is relettered and amended to read as follows:
(c) The taxes shall be due on January 2 of each year and
shall be in addition to the annual license fees paid to the city
and the state and shall be paid prior to the issuance or renewal
of the city alcoholic beverage license. No delinquency in
payment of the tax shall be grounds for suspension or revocation
of any alcoholic beverage license granted hereunder. No refund
of any tax paid in accordance with this Chapter shall be made to
any person who discontinues or sells the business during the
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duration of the occupation tax license. The new owner of any
establishment when approved as a new alcoholic beverage licensee
shall be credited on a monthly basis for any occupation tax paid
by the previous owner for the unexpired term of the previous
owner's occupation tax license. Whenever any alcoholic beverage
licensee begins business with a new license subsequent to January
2 of any year, the occupation tax required herein shall be paid
in full prior to the commencement of business and shall be
prorated on a monthly basis for the remaining portion of the
year.
(d) If any person fails to pay the tax when due, there
shall be added to the amount owing a penalty equal to the sum of
fifteen dollars (f15.) or ten (10) percent thereof, whichever is
greater, and interest on such delinquent taxes at the rate
imposed by Section 25-188 plus one-half (0.5) percent per month
from the date the tax was due, not exceeding eighteen (18)
percent in the aggregate.
(e) Upon receipt of the tax, the city shall execute and
deliver to the licensee paying the tax an occupation tax license
showing the name of the licensee, date of payment and amount, the
annual period of which such tax is paid and the address of the
licensed premises. The person operating the business shall , at
all times during the year, keep the license posted in a
conspicuous place on the licensed premises.
Section 19. That Section 3-77 of the Code of the City of Fart Collins
is hereby added, to read as follows:
Sec. 3-77. Remedies; violations.
(a) In addition to any other remedy provided by this
chapter, the city shall have the right to recover all sums due
and owing under this chapter by any civil remedy available under
existing law.
(b) No person shall operate any licensed premises in the
city without paying the fees, taxes, penalties and interest
imposed by this chapter.
Section 20. That Section 3-78 and Section 3-79 of the Code of the
City of Fort Collins are hereby repealed.
Section 21. That Section 3-80 of the Code of the City of Fort Collins
is hereby renumbered and retitled to Section 3-78, subsections (a) through
(d) are amended, subsections (e) and (g) are repealed and subsection (f) is
relettered and amended to read as follows:
Sec. 3-78. Modification of premises.
(a) No licensee shall physically change, alter or modify
the licensed premises from that shown in the plans and
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specifications submitted at the time the licensee obtained the
original license until written approval to do so has been
received from the authority and the state licensing authority.
(b) Requests for changes, alterations or modifications of
the licensed premises shall be on such forms as are provided by
the state licensing authority and, in addition, on such forms as
may be provided by the city, if any. The request shall be
accompanied by plans and specifications, on pages not larger than
eight and one-half (8 112) inches by eleven (11) inches, which
shall be sufficient to advise the authority of the scope and
nature of the proposed request.
(c) The request shall be filed with the City Clerk who
shall cause the request to be placed on the agenda of the
authority for consideration at a meeting to be held no less than
fourteen (14) days nor more than forty-five (45) days from the
date of filing.
(d) If the authority finds that the proposed modification
is not substantial , it shall forthwith grant the request. If the
authority finds that the proposed modification is substantial , it
may either grant the request if it determines that the premises,
as changed, altered or modified, will meet all of the pertinent
requirements of the applicable state law and regulations, or
schedule a hearing upon said request within thirty (30) days from
the date of the finding as to the substantial nature of the
modification, said hearing to be for the purpose of making the
determination described herein.
(e) Whether or not a proposed modification is substantial
within the meaning of this Section shall be determined on the
basis described in Reg. 47-106.2A, as adopted by the state.
Section 22. That Section 3-81 of the Code of the City of Fort Collins
is hereby repealed.
Section 23. That Section 3-82 of the Code of the City of Fort Collins
is hereby renumbered Section 3-79 and retitled as follows:
Sec. 3-79. Change of location.
Section 24. That Section 3-83 of the Code of the City of Fort Collins
is hereby renumbered Section 3-80, retitled and amended to read as follows:
Sec. 3-80. Proof required as to nature and operation of a
hotel-restaurant establishment.
Any hotel-restaurant licensee shall , upon the request of the
City Clerk, furnish to the city, within thirty (30) days of such
request, satisfactory evidence to demonstrate whether the
establishment is operating as a hotel -restaurant, as the term is
defined by law. Such evidence may consist of account records for
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a period of time to be specified by the City Clerk, showing
separately the gross receipts on an annual basis from the sale of
food items and alcoholic liquors.
Section 25. That Section 3-84 of the Code of the City of Fort Collins
is hereby renumbered Section 3-81 and amended to read as follows:
Sec. 3-81. Report of disturbances.
All licensees shall immediately report to the Office of
Police Services any unlawful or disorderly act, conduct or
disturbance committed on the licensed premises. Repeated failure
to comply with the requirements of this Section shall constitute
prima facie grounds for the levying of a penalty against the
licensee.
Section 26. That Section 3-85 of the Code of the City of Fort Collins
is hereby repealed.
Introduced, considered favorably on first reading, and ordered
published in summary form this 21st day of February, A.D. 1989, and to be
presented for final passage on the 21st day Marc D. 1989.
M
ATTEST:
City Clerk
Passed and adopted on final reading th 21st,day of March, A.D. 1989.
Mayor
TTEST:
City Clerk
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