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HomeMy WebLinkAbout117 - 08/05/1997 - AMENDING THE CITY CODE RELATING TO ALCOHOL BEVERAGES ORDINANCE NO. 117, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ALCOHOL BEVERAGES WHEREAS,Articles 46 and 47 of Title 12 of the Colorado Revised Statutes have undergone major recodification,to become effective July 1, 1997; and WHEREAS, it is necessary to harmonize the provisions of the Municipal Code with the provisions of the newly recodified state Beer and Liquor Codes; and WHEREAS, changes in the state statutes allow for adjustment of certain alcohol beverage license application fees charged by the City; and WHEREAS,the increase of certain alcohol beverage license application fees is warranted based upon the need to cover actual and necessary expenses incurred by the City in the licensing of alcohol beverage vendors. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title to Chapter 3 of the Code of the City of Fort Collins is hereby amended to read: CHAPTER 3 ALCOHOL BEVERAGES Section 2. That the definition of Applicant in Section 3-1(a) of the Code of the City of Fort Collins is hereby amended to read as follows: 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, vinous or spirituous liquors or fermented malt beverages, but is not yet licensed as a licensee. Section 3. That the definition of Party-in-interest in Section 3-1(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Party-in-interest shall mean: (1) Any party-in-interest as defined in Section 12-47-311(5)(b), C.R.S.; 0 (2) Any representative of a bona fide organized neighborhood group which encompasses part or all of the neighborhood under consideration; (3) Any member of the city staff, including but not limited to the City Manager,the City Attorney or the Chief of Police or representative thereof, or (4) Members of the authority. Section 4. 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 § 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 Section 12-47-601(3), 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 5. That Section 3-16 of the Code of the City of Fort Collins is hereby amended to read as follows: Section 3-16. City Clerk's duties. The City Clerk shall: (1) Issue all licenses granted by the Liquor Licensing Authority upon receipt of such license fees as are required by law; (2) Serve as the secretary of the Liquor Licensing Authority; (3) Establish a calendar of regular meetings for the Liquor Licensing Authority which calendar may be modified by the authority; (4) Process all license renewal applications,except late renewal applications, on behalf of the Liquor Licensing Authority upon receipt of such license fees as are required by law; and 2 (5) Process all applications for temporary permits on behalf of the Liquor Licensing Authority pursuant to § 3-83. Section 6. That Section 3-32 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-32. Membership; term. (a) The authority shall consist of seven (7) members appointed by the City Council. No person holding a license for the sale of alcohol beverages shall serve as a member of the authority. (b) Each member shall serve without compensation for a term of four (4) years,except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council with or without cause. If a vacancy occurs on the authority, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2)consecutive four-year terms. Section 7. That Section 3-52 of the Code of the City of Fort Collins is hereby amended 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 12-47-311,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 8. That Subsection (a) of Section 3-74 of the Code of the City of Fort Collins is hereby amended to read as follows: (a) Application fees shall be payable to the city as follows: Fees (1)New license (including change of class of license) $ 500. (2)Transfer of ownership or change of location of license 400. (3) Late renewal 500. 3 (4) Temporary permit(to allow continued operation during period that an application for transfer of ownership is pending) 100 (5) Renewal of license 50 (6) Manager registration 75 (7) Special events permit(per day) 25 (8)Modification of premises 75 (9) Change in corporate or limited liability company structure, per each required background investigation 100 Section 9. That Subsection (b) of Section 3-76 of the Code of the City of Fort Collins is hereby amended to read as follows: (b) 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 $ 750. (2)Liquor-licensed drugstore license 750. (3) Beer and wine license 800. (4) Hotel and restaurant license 1,600. (5) Tavern license 1,600. (6) Brew pub license 1,600. (7) Club license 800. (8)Arts license 150. (9)All licenses to sell fermented malt beverages for consumption both on and off the premises 750. 4 (10)All licenses to sell only fer- mented malt beverages by the drink for consumption on the premises 750. (11)All licenses to sell only fer- mented malt beverages in their original containers for consump- tion off the premises 750. (12) Optional premises license (not associated with a hotel and rest- aurant license) 1600. Section 10. That subparagraph(c)of Section 3-76 of the Code of the City of Fort Collins is hereby 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 alcohol beverage license.No delinquency in payment of the tax shall be grounds for suspension or revocation of any alcohol 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 duration of the occupation tax license. The new owner of any establishment when approved as a new alcohol 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 alcohol 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. Section 11. That Subsection(a)of Section 3-78 of the Code of the City of Fort Collins is hereby amended to read as follows: (a)No licensee shall physically change,alter or modify the licensed premises from that shown in the plans and 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,pursuant to the regulations adopted by the state. Section 12. That Section 3-80 of the Code of the City of Fort Collins is hereby amended to read as follows: 5 Sec. 3-80. Proof required as to nature and operation of hotel-restaurant and brew pub establishments. Any hotel-restaurant or brew pub 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 or brew pub, as the terms are defined by law. Such evidence may consist of account 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 alcohol beverages. Section 13. That Section 3-82 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-82. Late renewal application. Pursuant to Section 12-47-302(2), C.R.S., and the regulations adopted pursuant thereto by the state, a licensee whose license has been expired for not more than ninety(90)days may file a late renewal application upon the payment of applicable fees. A licensee who files a late renewal application and pays the applicable fees may continue to operate until both the authority and the state have taken final action to approve or deny such licensee's late renewal application. The authority shall not accept a late renewal application more than ninety (90)days after the expiration of a licensee's permanent annual license. Any licensee whose permanent annual license has been expired for more than ninety (90) days must apply for a new license and shall not sell or possess for sale any alcohol beverage until all required licenses have been obtained. Section 14. That Section 3-83 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-83. Temporary permit. (a) The authority may, in accordance with the provisions of Section 12-47-303, C.R.S.,issue a temporary permit to a transferee of an alcohol beverage license issued by the authority . Such temporary permit shall authorize a transferee to continue selling alcohol beverages as permitted under the permanent license during the period in which an application to transfer the ownership of the license is pending. (b)If the next regularly scheduled meeting of the authority will not be held within five (5) working days of the receipt by the City Clerk of an application for a temporary permit under this Section,the City Clerk shall issue the temporary permit requested by such an application provided the Clerk first determines the following: 6 (1) That the applicant is in compliance with all applicable provisions of Section 12-47-303, C.R.S.; and (2) That a preliminary background check conducted by Police Services of the applicant and its officers, directors, and owners having a ten (10)percent or more ownership interest, indicates that such persons have not been convicted of a felony or an offense involving moral turpitude. If either of these determinations cannot be made by the City Clerk with respect to any application that the Clerk has authority to consider under this Subparagraph(b),the Clerk shall not issue a temporary permit. (c) If for any reason the City Clerk decides not to issue a temporary permit applied for under this Section,the applicant shall be entitled to a hearing before the authority at its next regularly scheduled meeting,at which time the authority shall consider the City Clerk's decision not to issue the temporary permit and it may,in its discretionary authority, either uphold the decision of the City Clerk or reverse it and issue the temporary permit to the applicant. Section 15. That Subsection(b) of Section 3-84 of the Code of the City of Fort Collins is hereby amended to read as follows: (b) An optional premises license may only be considered when the premises to be licensed is located upon an outdoor sports and recreational facility as defined in Section 12-47-103(22), C.R.S.; provided, however, that the type of outdoor sports and recreational facilities which may be considered for an optional premises license shall be limited to golf courses. Section 16. That Subsection(g) of Section 3-84 of the Code of the City of Fort Collins is hereby amended to read as follows: (g) Pursuant to Section 12-47-310, C.R.S., no alcohol beverages maybe served on the optional premises unless the licensee has provided written notice to the state and local licensing authorities forty-eight (48) hours prior to serving alcohol beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard,there shall be no limitation on the number of days which a license may specify in each notice. However,no notice may specify any date of use which is beyond the current license period. Section 17. That Chapter 3 of the Code of the City of Fort Collins be, and hereby is, amended by adding thereto a new Section 3-85 to read as follows: 7 Sec. 3-85. Distance Restrictions. The distance restrictions imposed by Section 12-47-313(d)(I), C.R.S., prohibiting the sale of malt,vinous, or spirituous liquor within five hundred feet of the principal campus of any college or university, are eliminated for any class of retail license except the retail liquor store license and the liquor-licensed drugstore license, but only with respect to the distance between the proposed licensed premises and the properties owned by the State Board of Agriculture for the benefit and use of Colorado State University. Except as said distance restrictions are hereby eliminated with respect to properties of Colorado State University, said distance restrictions shall continue in full force and effect as they pertain to any other public or parochial school or the principal campus of any other college, university, or seminary. Section 18. That Ordinance No. 109, 1985, of the Council of the City of Fort Collins, which Ordinance partially eliminated the distance restrictions for hotel and restaurant liquor licenses, is hereby repealed. Introduced,considered favorably on first reading, and ordered published in summary form this 15th day of July,A.D. 1997,and to be presented for final passa 5th day of Aug D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of August, A.D. 1997. Mayor Pro Tem ATTEST: City Clerk 8