HomeMy WebLinkAbout111 - 08/19/1986 - REPEALING AND REENACTING CITY CODE REGARDING ALCOHOLIC BEVERAGES ORDINANCE NO. 111, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING CHAPTER 33 AND CHAPTER A 123
OF THE CODE OF THE CITY
AND RE-ENACTING CHAPTER 33 REGARDING ALCOHOLIC BEVERAGES
WHEREAS, there exist many provisions of the Code of the City that are
repetitive of or conflicting with the State of Colorado Liquor and Beer
Codes and Regulations; and
WHEREAS, by law, provisions of the State Liquor and Beer Codes and
Regulations are sovereign over the Codes of municipalities, including
home-rule cities; and
WHEREAS, the Council of the City of Fort Collins desires to streamline
the City Code and eliminate those Sections which are redundant, conflicting
or unnecessary; and
WHEREAS, the Council further desires to consolidate certain provisions
of the Code pertaining to fermented malt beverages and liquor and to
establish aggravating and mitigating factors to be considered by the Liquor
Licensing Authority with regard to hearings for suspension, revocation,
nonrenewal or other discipline of licensees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 33 and Chapter A 123 of the Code of the City of Fort
Collins be, and hereby are, repealed; and that Chapter 33 of the Code of
the City of Fort Collins be reenacted to provide as follows:
CHAPTER 33
LIQUOR AND BEER CODES
Section 33-1 . Definitions:
As used in this Chapter, the following words or phrases shall have the
following meanings unless the text otherwise requires:
APPLICANT - shall mean any person, partnership, corporation or other
legally constituted entity or affiliation who is applying for, or has
applied for, a license to sell malt, special malt, vinous, or
spirituous liquors, or fermented malt beverages, but is not yet
licensed as a licensee, and more particularly:
(a) If an individual , that person making an application for a
license under this Chapter;
(b) If a partnership, all the partners of the partnership which
is making application for a license under this Chapter;
(c) If a corporation, any officer, director or stockholder
therein.
CITY - shall mean the City of Fort Collins, Colorado.
CITY CLERK - shall mean the City Clerk of the City or her/his
designated representative.
CODE - shall mean the Code of the City.
EMPLOYEE - shall mean any employee of a licensee involved in the sale,
dispensing or serving of malt, special malt, vinous, or spirituous
liquors or fermented malt beverages.
LOCAL LICENSING AUTHORITY, or AUTHORITY - shall mean the Liquor
Licensing Authority as established by the City Council of the City and
as defined by the Colorado Revised Statutes relating to the sale of
fermented malt beverages and malt, special malt, vinous or spirituous
liquor.
LICENSEE - shall mean a person licensed by law to sell fermented malt
beverages, malt, special malt, vinous or spirituous liquors at retail
and who is engaged at any time during the calendar year in such
operation within the City.
MANAGER - shall mean and include that person or those persons who
manage, direct, supervise, oversee and administer the acts and
transactions of the establishments governed by this Chapter, and of
their agents or employees.
PARTY-IN-INTEREST - means:
(a) any party-in-interest as defined in C.R.S. 12-47-136
(5) (b) ;
(b) any representative of a bona fide organized neighborhood
group which encompasses part or all of the neighborhood
under consideration;
(c) any member of the City staff including, but not limited to,
the City Manager, the City Attorney, or the Chief of Police,
or representatives thereof; or
(d) members of the Authority.
STATE - shall mean the State of Colorado.
All other words and phrases used in this Chapter shall have the
meanings attached by the Colorado Revised Statutes regulating the sale of
liquor and fermented malt beverages, or if not otherwise defined by law,
are used in their common, ordinary and accepted sense and meaning.
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Section 33-2. Creation of Licensing Authority; duties and authority,
membership, quorum.
(a) There is hereby created a local Licensing Authority with 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 suspend or revoke any such licenses in the
manner provided by law. The Authority shall have all the powers of the
local licensing authority as set forth in Title 12, Articles 46, 47, and
48, Colorado Revised Statutes.
(b) The Authority shall consist of seven members appointed by the
City Council . Members of the Authority shall have a term of four (4)
years, provided that appointments shall be made for such term as will
achieve overlapping of tenure. In the event a vacancy occurs, the City
Council shall make an appointment for the unexpired term. Any member of the
Authority may be removed by the City Council for nonattendance or other
cause. No person holding a license for the sale of alcoholic beverages or
fermented malt beverages shall serve as a member of the Authority.
(c) The Authority shall annually elect a chairman from their number
who shall preside over all hearings and proceedings of the Authority. The
chairman may designate a member of the Authority to assume his duties in
his absence.
(d) A quorum shall consist of a majority of the members of the
Authority, and a decision of the majority of those present constituting a
quorum shall control .
(e) The Authority shall make a report to the City Council at least
annually 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 33-3. Powers of Authority; Duties of City Clerk; Conflict of
Laws.
(a) 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, provided that all such proposed rules
and regulations shall be presented to and approved by the City Council
before they shall go into effect. In the absence of such rules and
regulations, the rules and regulations of the Authority shall be those
rules and regulations heretofore adopted by the City Council acting as the
Liquor Licensing Authority. The Authority shall further have the power to
require any applicant for a license to furnish any relevant information
required by the Authority. The City Clerk shall issue all licenses granted
by the Authority upon receipt of such license fees as are required by law,
and shall serve as the secretary to the Authority, and shall establish a
calendar of regular meetings for the Authority, which calendar may be
modified by the Authority. If any of the laws as established in this
Chapter shall conflict with any provision of the laws of the State of
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Colorado or the rules of the State Licensing Authority pertaining to the
Colorado Liquor or Beer Codes, the provisions of State law or the rules of
the State Licensing Authority shall govern. Notwithstanding the foregoing,
if the provisions of said state law or said rules are silent on a matter
contained in this Chapter then this Chapter shall govern.
(b) 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. Upon failure of any witness to comply with such subpoena, the
Authority may thereupon revoke or suspend the license.
Section 33-4. Conduct of Hearings.
(a) All hearings before the Authority shall be public and shall be
conducted according to the Colorado Rules of Civil Procedure insofar as
applicable, and which rules shall be liberally construed; and in accordance
with the duly promulgated rules of the Authority.
(b) The following persons shall be in attendance at all public
meetings of the Authority pertaining to the application:
(1) If the applicant is an individual , that individual ; or
(2) If the applicant is a partnership, any partner; or
(3) If the applicant is a corporation, the president of the
corporation or such other corporate representative as the president
may designate; and
The Authority may require the attendance of such other person, or
persons as it deems necessary or desirable, and may in its discretion waive
attendance by any one or more of the designated persons.
(c) Applicants and all other parties-in-interest may appear in person
or be represented by counsel . At any public hearing held by the Authority
for the purposes of establishing the needs, desires and requirements of the
neighborhood, only a party-in-interest shall be allowed to present
evidence, testify or cross examine witnesses.
(d) The Authority shall limit the presentation of evidence tending to
be repetitious or immaterial .
(e) As applicable, the applicant shall introduce evidence with regard
to the following:
(1) Qualifications of the applicant regarding his character,
reputation and other matters relating to the personal qualifications
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of the applicant or any other person whose personal qualifications are
relevant pursuant to law.
(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 detailed plot plans and specifications of the proposed
premises.
(4) The reasonable requirements of the neighborhood and the
desires of the inhabitants thereof for the type of license for which
the application has been made.
(5) The number, type and availability of liquor outlets located
in the neighborhood under consideration.
(6) The neighborhood under consideration and evidence that 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 premises for the exercise of the
license sought.
(f) Any party in interest :may introduce evidence with regard to any
pertinent matter affecting the application.
(g) The Authority may make such independent investigation as it deems
necessary or advisable in connection with any application for a license.
(h) Questions concerning the competency of witnesses to testify in
behalf of or in opposition to the issuance of the license for the
materiality, relevancy or competency of their testimony will be determined
by the Authority. No testimony shall be offered unless the same is given
under oath.
(i ) There is hereby established a rebuttable presumption that the
relevant neighborhood most likely to be affected by the applicant's
proposed outlet is that area surrounding such outlet at a distance of one
mile therefrom on all sides, squared to the nearest street and including
both sides of any boundary streets. Evidence may be presented by any
party- in-interest at the public hearing on the application for the purpose
of modifying in any way the geographic extent of the presumed relevant
neighborhood. Petitions favoring or opposing the license applied for may
be presented at the hearing. Petitions may be circulated only within the
delineated boundaries of the neighborhood by the applicant or any person
opposing the license or an agent representative of either applicant or
protestant. Each person signing the petition shall sign only his own name,
address and his age or otherwise indicate that such person is at least of
legal age to purchase or consume the malt, special malt, vinuous or
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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 Authority and the boundaries of the
neighborhood established. Each petition shall contain a verified statement
signed by the circulator of the petition that the circulator personally
witnessed each signature appearing on the petition and that each signature
thereon 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.
(j) Any applicant or licensee having applied for a license pursuant to
this Chapter shall be required to execute an authorization and release for
financial information in favor of the Authority or its designated agent.
Said authorization and release shall allow the Authority or its designated
agent, without further permission from the applicant or licensee, to
inquire of and obtain financial information concerning the applicant or
licensee from any source or sources. This paragraph shall be applicable to
any applicant or licensee whether he be sole proprietor, partner (whether
limited or general ) , officer of a corporation, or stockholder of any
corporation with the exception of any stockholders in any corporation which
sells its shares to the public.
(k) The City Attorney or his designated representative shall be the
legal advisor to the Authority and shall represent the Authority and the
City in all proceedings before the Authority and in all courts where any
decision of the Authority is appealed.
Section 33-5. Hearings: Aggravating and mitigating factors:
In all cases where a hearing is held regarding the suspension,
revocation, nonrenewal or other discipline of a license issued, the
Authority shall consider the following factors in mitigation or
aggravation:
(a) Seriousness of the violation;
(b) Corrective action;
(c) Prior violations and offenses at the licensed premises and
effectiveness of prior corrective action;
(d) Prior violations and offenses by this licensee or his employees;
(e) Violation as a repeated course of conduct or as a single event;
(f) Likelihood of recurrence;
(g) All circumstances surrounding a violation;
(h) Willfulness of the violation;
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(i ) Length of time a license has been held by this licensee;
(j) Previous sanctions imposed against this licensee; and
(k) Other factors making the situation with respect to the licensee
or premises unique.
Section 33-6. Suspension, revocation-hearings.
When matters are brought to the attention of the Authority which, if
substantiated, constitute grounds for a suspension or revocation of the
license concerned, the Authority shall promptly notify the licensee in
writing, by mail or personal delivery, of the hearing date and time to be
established concerning the suspension or revocation of the license. Such
notice shall contain a brief description of the grounds for suspension or
revocation as well as the date for the hearing at which time the licensee
will be required to show cause why the license should not be suspended or
revoked. Said hearing shall be held as soon as is reasonably possible, but
in no event shall the same be held sooner than fourteen (14) days after
notice thereof has been mailed or delivered to the licensee. At the
hearing the City shall present matters into evidence and the licensee shall
have an opportunity to present evidence on his 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, in writing, within
thirty (30) days following the hearing. In the event of revocation,
suspension, or cessation of business, no portion of the license fee shall
be refunded.
Section 33-7. License required.
Unless otherwise provided by State law, 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 both this Chapter and the
applicable provisions of Title 12, Articles 46, 47 and 48, Colorado Revised
Statutes, and said licenses required are in full force and effect.
Section 33-8. Manager's License Required.
Each licensee, regardless of type of license, shall manage the licensed
facilities or special event himself 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 location licensed
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 of the facility himself, or his manager
of record ceases to be the manager of said facility, the licensee shall
notify the City Clerk within five (5) days and shall designate to the
Authority for approval a new registered manager within thirty (30) days.
Such proposed manager shall be present at the public meeting of the
Authority wherein her/his approval is considered.
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Section 33-9. 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 thereto, and all in accordance with any local requirements related
thereto. Incomplete or erroneous applications shall be rejected. All
application forms shall be typewritten or printed in black ink, and all
other information or exhibits submitted shall be typewritten or printed in
black ink except plans and specifications which may be required. Each
application, whether for new license, renewal , change, special event or any
other reason under this Chapter, shall be verified by an oath or
affirmation that all information submitted has been given fully,
accurately, truthfully and without concealment of any material fact.
(b) The City Clerk shall cause the completed application to be placed
on the agenda of the Authority at a meeting to be held no less than four
(4) nor more than thirty (30) days after the Clerk has received the
properly completed application (including the application fees) for the
purpose of requesting that the application be accepted, that the boundaries
of the neighborhood be set, and a hearing date be scheduled for
consideration of the application, which hearing shall be set not later than
thirty (30) days from the date of acceptance of the application. This
procedure shall apply to hearings concerning applications for new licenses
and to hearings on applications for a change in location of an existing
license or change in class of license.
Section 33-10. Public Notice
The applicant shall cause to be posted the required public notice for
all hearings to be held on new license applications for sale of malt,
special malt, vinous, or spirituous liquors, and fermented malt beverages.
Where the building for which the license is sought is in existence at the
time of the application, the sign shall be placed on the premises so as to
be conspicuous and plainly visible to the general public from the exterior
of the building. If the building is not in existence at the time of the
application, the sign shall be posted upon the premises upon which the
building is to be constructed in such a manner that it shall be conspicuous
and plainly visible to the general public. 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 an affidavit of posting.
Section 33-11. Annual license fees and occupation tax:
(a) 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. Said fees shall be in addition to any
annual license fees required to be paid directly to the State.
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(b) The City Council hereby finds, determines and declares that
considering the nature of the business of manufacturing or selling, or
offering for sale, malt, special malt, vinous or spirituous liquors, or
fermented malt beverages and the relation of such business to the municipal
welfare, as well as the relation thereof to the expenditures required of
the City and a proper, just and equitable distribution of the tax burdens
within the City and all other matters properly to be considered in relation
thereto, the classification of such business as a separate occupation is
reasonable, proper, uniform, nondiscriminating and necessary for a just and
proper distribution of tax burdens within the City. Accordingly, the
business of selling at retail any fermented malt beverage, malt, special
malt, vinous or spirituous liquors, is hereby defined and separately
classified as an occupation as specified below. The following annual
occupation taxes are hereby established and shall be paid by the applicant
or licensee to the City:
LICENSE OCCUPATION TAX
1 . Retail Liquor Store License b 750.00
2. Liquor License Drug Store 750.00
License
3. Beer and Wine License 750.00
4. Hotel and Restaurant License 1,500.00
5. Tavern License 1,500.00
6. Club License 750.00
7. Arts License 100.00
8. All Licenses to Sell Fermented 750.00
Malt Beverages for Consumption
Both on and off the Premises
9. All Licenses to Sell Only 750.00
Fermented Malt Beverages by
the Drink for Consumption on
the Premises
10. All Licenses to Sell Only 750.00
Fermented Malt Beverages in
Their Original Containers for
Consumption Off the Premises
11. All Licensees Licensed to Sell 150.00
Malt, Special Malt, Vinous and
Spirituous Liquor for Consumption
on the Premises After the Hour of
8:00 o'clock p.m. and Until Mid-
night on Sundays and Christmas,
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Either as Hotels or Restaurants,
Taverns, Race Tracks or Clubs,
Shall Pay as an Additional
Occupation Tax
(c) Said 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 license. No
delinquency in payment of the tax shall be grounds for suspension or
revocation of any license granted hereunder. No refund of any tax paid in
accordance with this Chapter shall be made to any person who discontinues
or sells his business during the duration of the license; provided,
however, that the new owner of any establishment, when approved as a new
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
license. Whenever any 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. It
shall be unlawful to operate any malt, special malt, vinous or spirituous
liquor or fermented malt beverage establishment in the City without paying
the fee imposed by this Chapter, and any person doing so shall be guilty of
a violation of the Code, and each day the delinquency continues shall
constitute a separate offense.
(d) Upon receipt of said fee, the City shall execute and deliver to
the licensee paying said fee, a receipt showing the name of the licensee,
date of payment and amount, the annual period for which such fee is paid
and the address at which the licensee conducts business.
(e) 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.
(f) It shall be unlawful to operate any licensed premises in the City
without paying the fee imposed by this Section, and any person doing so
shall be guilty of a violation of the Code, and each day the delinquency
continues shall constitute a separate offense.
Section 33-12. Application Fees.
Application fees for licenses shall be payable to the City as follows:
LICENSE APPLICATIONS FEES
1 . New License $ 450.00
2. Transfer of Existing License 250.00
(Ownership or location)
3. Renewal of Existing License 50.00
4. Manager Registration 75.00
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5. Special Events 25.00
6. Expansion of Premises 250.00
The foregoing fees shall be in addition to any fees imposed by the
State, and shall be utilized to assist in defraying the cost of posting,
investigation, transcription (if applicable) and issuance of the license.
Section 33-13. Receipt for fees; display:
Upon receipt of the taxes and license fees imposed by this Chapter, the
Director of Finance shall issue a receipt showing the name of the person
paying the same, the annual period for which the tax is paid and the
location of the place of business for which the same is paid. The person
operating the business shall at all times during the year keep the receipt
posted in a conspicuous place on the premises.
Section 33-14. Renewal of license.
(a) All renewal applications for malt, special malt, vinous and
spirituous liquor and fermented malt beverage licenses shall be submitted
to the City Clerk on the prescribed forms no later than forty-five (45)
days prior to the date on which the license expires. The forms shall be
accompanied by all the required fees and such additional materials as the
Authority deems necessary to carry out the provisions of the Colorado Beer
and Liquor Codes, this Chapter, and all applicable regulations. No renewal
application shall be accepted by the City Clerk which is not complete in
every detail . Any application mailed to or deposited with the City Clerk
which, upon examination, is found to have some omission or error shall be
returned to the applicant for completion or correction without any action
on the part of the City Clerk or the Authority. Should any renewal
application be received in completed form less than forty-five (45) days
prior to the date on which the license expires, it shall be deemed a late
application. The Authority shall not be answerable for the failure of a
license to issue by the expiration date on any late application. Nothing
in this Section shall serve as authority for any sale at retail of malt,
special malt, vinous or spirituous liquor or fermented malt beverage
without a license pursuant to law.
(b) Upon receipt of an application for renewal of a license, the City
Clerk shall examine her/his records to determine if the applicant for
renewal has violated any of the provisions of this Chapter or the related
statutes or rules and regulations of the State during the term of the
license.
(c) Upon the conclusion of such examination, the City Clerk may renew
the license for which the application was received if no violations of the
provisions of this Chapter or the related statutes or rules or regulations
of the State have been found to have been committed by the applicant during
the preceding term of the license.
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(d) Upon the conclusion of such examination, the City Clerk shall
cause the matter of the renewal to be scheduled on the agenda of the
Authority for consideration if violations of the provisions of this Chapter
or the related statutes or rules and regulations of the State have been
found to have been committed by the applicant during the preceding term of
the license.
(e) Notwithstanding the provisions contained herein, the Authority
may, on its own motion, cause a hearing for renewal of a license to be
scheduled and heard by it.
Section 33-15. Expansion of existing licensed establishments.
(a) No person holding a license shall expand, enlarge or modify the
licensed premises or in other ways alter the premises from that shown in
the plans and specifications originally submitted at the time of obtaining
the original license, until written approval to do so has been received
from the Authority and the State Licensing Authority.
(b) Request for proposed expansion, enlargement or modification of
the licensed premises shall be on such forms as are provided therefor by
the State Licensing Authority and, in addition, on such forms as may be
provided by the City, if any. Said request shall be accompanied by
adequate plans and specifications (on pages not larger than 8 112 inches by
14 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 four (4) nor more than thirty (30)
days from the date of the filing.
(d) If the Authority finds that the request for enlargement,
modification or expansion is substantial , it shall schedule a public
hearing upon said request not less than thirty (30) days from the date of
such finding for the purpose of determining whether or not the reasonable
requirements of the neighborhood justify or support the granting of said
request. An application fee for such enlargement, modification or
expansion shall be assessed in the sum as provided in Section 33-12 of the
Code. With regard to a request for substantial enlargement, modification
or expansion, all of the requirements for publishing notice, posting notice
and the manner thereof as well as scheduling the hearing and the manner of
conducting the same which apply for new licenses shall be observed. In the
event the Authority determines that the proposed enlargement, modification
or expansion is not substantial , it shall forthwith grant the request.
(e) Whether or not a requested enlargement, modification or expansion
is substantial within the meaning of this Section shall be determined on
the basis of the following:
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(1) The extent of the enlargement, modification or expansion in
relation to the size and area of the existing establishment used in
connection with the license.
(2) Whether the licensee's ability to serve the needs of the
neighborhood will increase in a substantial manner because of the
proposed enlargement, modification or expansion.
(3) Whether it appears that the proposed enlargement ,
modification or expansion will change the character of the licensed
premises.
(4) What changes, if any, appear to have occurred in the
neighborhood with regard to the use of the surrounding lands since the
date the license was first issued, the number of people regularly
coming to or through the neighborhood and the number of people now
residing in the neighborhood.
(5) The licensee ' s reasons for requesting the proposed
enlargement, modification or expansion.
(f) At the conclusion of the public hearing and within thirty (30)
days thereafter, the Authority shall , in writing, submit to the State
Licensing Authority its determination whether, in light of the facts and
circumstances adduced as the result of its investigation, the request for
the proposed enlargement, modification or expansion should be granted or
denied.
Section 33-16. Change of ownership of licensed premises.
(a) No license issued by the Authority shall be changed as to
ownership without the prior approval of the Authority. Applications for
change of ownership shall be made on forms to be supplied by the City.
(b) Change of ownership of licensed premises shall include, without
limitation, the following types of changes of existing licenses:
(1) Sale or transfer of the license or business and/or good will
thereof.
(2) Transfer of five percent (5%) or more of the capital stock
of any corporation holding a license or any change in officers or
directors of the corporation, except a corporation whose stock is
traded on a recognized exchange.
(3) Transfer ,of five percent (5%) or more of the interest of any
general partnership (or of the general partnership interest of a
limited partnership) , joint venture or other business entity, or any
change in general partners or venturers of the partnership, venture or
other business entity.
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(4) Transfer of possession of the license or the business and/or
good will thereof by operation of law (bankruptcy, receivership,
foreclosure, eviction, etc. ) .
(c) In the event of the transfer of five percent (5%) or more of the
capital stock of any corporation holding a license, or any change in
officers or directors of the corporation, such transfer or change shall be
reported to the City Clerk within ten (10) days after such transfer or
change, and approval shall be obtained from the Authority in order for the
license to continue.
(d) If the applicant is a corporation or if a change of ownership of
a corporation holding a license is involved, the names and addresses of all
new stockholders who will hold more than five percent (5%) of the
outstanding issued capital stock of the corporation shall be submitted.
(e) An applicant shall submit full information concerning the basis
on which the applicant will occupy the premises for which the license is
desired, including, if applicable, proof of ownership of the premises, a
copy of the lease, a copy of the contract or such other documents as may
apply.
(f) If the applicant is a partnership, a true and correct copy of the
partnership agreement shall be filed with the application. If the
applicant is a corporation, a true and correct copy of the Articles of
Incorporation and Bylaws shall be filed with the application. Any
amendments to such documents shall be filed with the City Clerk promptly
upon adoption thereof.
(g) A copy of any contract or agreement regarding the sale of the
licensed premises shall be filed with the application.
(h) A transfer fee as provided in Section 33-12 of the Code shall be
deposited with the application, the same to cover the work of investigation
and review by the City Clerk and Police Department. In the event that the
State Licensing Authority has conducted an investigation of the applicant
in detail acceptable to the Police Department, and has issued its master
report thereon, the City Clerk shall waive the collection of fifty percent
(50%) of the aforesaid fee.
(i ) It shall not be necessary to post notice on the premises nor to
publish legal notice of the proposed transfer in connection with such
change of ownership and the hearing shall be limited to the question of the
qualifications of the transferee.
(j) Upon receipt of such application, and completion of the police
investigation, the City Clerk shall set the matter for hearing before the
Authority, at which hearing the Authority shall approve or deny the change.
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Section 33-17. Transfers of location.
No license issued by the Authority shall be transferred to another
location, howsoever proximate, without the approval of the Authority. The
policies and procedures for such transfer of location of licensed premises
shall be the same as those for the issuance of new licenses except
information and investigation regarding the applicant shall not be
required. An application fee as provided in Section 33-12 of the Code
shall be charged.
Section 33-18. Proof required as to nature and operation of
establishment.
The owner, licensee or operator of any hotel -restaurant licensed by the
Authority 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
said term is defined by law. Such evidence may consist of accounting
records for 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. Refusal to comply with such request may be
grounds for suspension or revocation of the license.
Section 33-19. Report of Disturbances.
It shall be unlawful for any licensee to fail to immediately report to
the Police Department of the City any unlawful or disorderly act, conduct
or disturbance committed on the premises. Failure to comply with the
requirements of this Section may be considered by the Authority in any
action relating to revocation, suspension or renewal of a license.
Repeated failure to comply with the requirements of this Section shall
constitute prima facie grounds for the suspension, revocation or denial of
renewal of a license.
Section 33-20. Violations; Penalty.
Penalties for violations of this Chapter shall be as provided in
Section 1-23 of the Code 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 or 48, Colorado Revised Statutes, or the rules
and regulations related thereto, shall be subject to suspension or
revocation of his license pursuant to the laws of the State.
Section 33-21. Severability.
If any Section, subsection, sentence, clause, phrase or portion of
this Chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
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Introduced, considered favorably on first reading, and ordered
published in summary form this 5th day of August , A.D. 1986, and to be
presented for final passage on the 19th day of August A.D. 1986.
:�z 4'A/�—
May
ATTEST:
o
City Clerk
Passed and adopted on final reading this 19th day of August, A.D.
1986.
Mayor
ATTEST:
City Clerk Cs
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