HomeMy WebLinkAbout141 - 12/17/1991 - AMENDING CITY CODE RELATING TO THE ISSUANCE OF TEMPORARY PERMITS FOR FERMENTED MALT BEVERAGE AND ALC ORDINANCE NO. 141, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 3 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO THE ISSUANCE OF
TEMPORARY PERMITS FOR FERMENTED MALT
BEVERAGE AND ALCOHOLIC BEVERAGE LIQUOR LICENSES
WHEREAS, Sections 12-46-106.5 and 12-47-106.5, C.R.S. give the local liquor
licensing authority the discretionary authority to issue a temporary permit to
the transferee of a fermented malt beverage license or any class of liquor
licensee, which permit shall allow the transferee to continue selling fermented
malt or alcoholic beverages during the period in which an application for
transfer of ownership of an existing license is pending; and
WHEREAS, Sections 12-46-106.5(3) and 12-47-106.5(3) , C.R.S. require that
if the local licensing authority grants a temporary permit it must do so within
three (3) working days after the receipt of the application for the permit; and
WHEREAS, the Fort Collins Liquor Licensing Authority has recommended the
delegation of its authority to issue temporary permits to the City Clerk in
those circumstances where the next regularly scheduled meeting of the Authority
will not be held within three (3) working days of the receipt of an application
for a temporary permit; and
WHEREAS, the City Council believes that such a delegation of authority to
the City Clerk to issue temporary permits is appropriate and necessary in 0 -der
to comply with the requirements of Sections 12-46-106.5(3) and 12-47-106.5(3) ,
C.R.S. and to provide for the efficient administration and processing of
applications for temporary permits.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 3-16 of the City Code be amended by the addition
of a subsection (5) to read as follows:
Sec. 3-16. City Clerk's duties.
(5) Process all applications for temporary permits on behalf of
the Liquor Licensing Authority pursuant to § 3-83.
Section 2. That Section 3-74(a) of the City Code be amended to read as
follows:
Sec. 3-74. Application fees.
(a) Application fees shall be payable to the city as follows:
(1) New license (including change of
class of license) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450.
(2) Transfer of ownership or change
of location of license. . . . . . . . . . . . . . . . . . . . . . . . 250.
(3) Temporary license (in case of inadvertent
failure to renew license) . . . . . . . . . . . . . . . . . . . . . 250.
(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. . . . . . . . . . . . . . . . . . . . . . . 250.
(9) Change in corporate structure, per
each required background investigation. . . . . . . . . 50.
Not to exceed a total of. . . . . . . . . . . . . . . . . . . . . . . 250.
Section 3. That the Code of the City of Fort Collins is hereby amended by
adding a section, to be numbered Section 3-83, which Section reads as follows:
Sec. 3-83. Temporary permit.
(a) The Liquor Licensing Authority may, in accordance with the
provisions of Section 12-46-106.5, C.R.S. , issue a temporary permit
to a transferee of a fermented malt beverage license issued by the
State licensing authority pursuant to the Colorado Beer Code. Such
temporary permit shall authorize a transferee to sell fermented malt
beverages in accordance with the provisions of Section 12-46-106.5.
(b) The Liquor Licensing Authority may, in accordance with the
provisions of Section 12-47-106.5, C.R.S. , issue a temporary permit
to a transferee of any class of liquor license issued by the State
licensing authority pursuant to the Colorado Liquor Code. Such
temporary permit shall authorize a transferee to sell alcoholic
beverages in accordance with the provisions of Section 12-47-106.5.
(c) If the next regularly scheduled meeting of the Liquor
Licensing Authority will not be held within three (3) 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:
(1) That the applicant is in compliance with all applicable
provisions of Sections 12-46-106.5, C.R.S. , and 12-47-106.5,
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 five percent (5%) 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 (c) , the Clerk shall not issue a
temporary permit.
(d) 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 Liquor Licensing Authority at its
next regularly scheduled meeting, at which time the Liquor Licensing
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.
Introduced, considered favorably on first reading, and ordered published
this 3rd day of December, A.D. 1991 , and to be presented for final passage on
the 17th day of December, A.D. 1991 .
/!
or
ATTEST:
V
City Clerk
Passed and adopted on final reading this 17th day of December, A.D. 1991 .
Ate,
ayor
ATTEST:
City Clerk