HomeMy WebLinkAbout020 - 03/03/1992 - AMENDING CITY CODE RELATING TO SHOW CAUSE HEARINGS BEFORE THE LIQUOR LICENSING AUTHORITY ORDINANCE NO. 20, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO THE CONSIDERATION
OF AGGRAVATING AND MITIGATING FACTORS AT SHOW
CAUSE HEARINGS BEFORE THE FORT COLLINS
LIQUOR LICENSING AUTHORITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3-55
of the Code of the City of Fort Collins is hereby 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
evidence and statements in mitigation and in aggravation of the
violation prior to determining the appropriate penalty. Such
evidence and statements may relate to and include, but not be
limited to, the following factors:
(1) Seriousness of the violation;
(2) Corrective action taken by the licensee after the
violation;
(3) Prior violations at the licensed premises by the
licensee or the licensee's employees and the
effectiveness of prior corrective action;
(4) Prior violations at the licensed premises by a prior
licensee or the prior licensee's employees, and the
sanctions imposed for such violations, if the current
licensee or any of the current licensee' s owners,
partners, shareholders, directors, officers, or managers
held an ownership interest of five (5) percent or more
in the entity holding such prior license.
(5) Whether the violation is part of a repeated course of
conduct or is an isolated occurrence;
(6) Likelihood of recurrence;
(7) All circumstances surrounding the violation;
(8) Willfulness of the violation;
(9) Length of time the 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 the licensed premises unique.
Introduced, considered favorably on first reading, and ordered published
this 18th day of February, A.D. 1992, and to be presented for final passage on
the 3rd day of March, A.D. 1992.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of March, A.D. 1992.
Lay,
Mayor
ATTEST:
City Clerk l
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