HomeMy WebLinkAbout019 - 02/19/2002 - AMENDING THE CITY CODE RELATING TO ALCOHOL BEVERAGES c
ORDINANCE NO. 019, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF CHAPTER 3 OF THE CITY CODE
RELATING TO ALCOHOLIC BEVERAGES
WHEREAS, the Liquor Licensing Authority has the duty and power to grant liquor licenses and
regulate licensees in the City; and
WHEREAS, the State Liquor Code provides for a bed and breakfast license and regulates the sale of
liquor in such licensed establishments; and
WHEREAS, the current provisions of Chapter 3 do not provide for bed and breakfast permits; and
WHEREAS, consistency between the state and local codes is desirable.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That Section 3-1 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 3-1. Definitions.
(a) The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Applicant shall mean any person, partnership, corporation or other legally constituted
entity or affiliation who is applying for or has applied for a license or permit to sell malt,
vinous or spirituous liquors or fermented malt beverages,but is not yet licensed as a licensee.
Bed and breakfast shall mean an overnight lodging establishment that provides at least one
(1)meal per day at no additional charge other than a charge for overnight lodging and does not
sell malt, vinous, or spirituous liquors by the drink.
City Clerk shall mean the City Clerk of the city or designated representative.
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.
License shall mean an official grant of permission to sell fermented malt beverages,malt,
special malt, vinous or spirituous liquors at retail or to offer complimentary fermented malt
beverages,malt,special malt,vinous or spirituous liquors for consumption by overnight guests
on the premises of a bed and breakfast establishment within the city limits as evidenced by a
city-issued form, license, permit, insignia or tag.
Licensed premises shall mean the premises specified in an approved application for a
license under this article which are owned or in the possession of the licensee within which
such licensee is authorized to sell fermented malt beverages, malt, special malt, vinous or
spirituous liquors at retail or to offer complimentary fermented malt beverages,malt, special
malt,vinous or spirituous liquors for consumption by overnight guests of a bed and breakfast
establishment. It includes all lands,structures,equipment,appurtenances connected to or used
in the licensed premises and also any personal property which is either affixed to or is
otherwise used in connection with business conducted on the premises.
Licensee shall mean a person licensed by law to sell fermented malt beverages, malt,
special malt,vinous or spirituous liquors at retail or a person permitted to offer complimentary
fermented malt beverages,malt,special malt,vinous or spirituous liquors for consumption by
overnight guests on the premises of a bed and breakfast establishment and who is engaged at
any time ditring the calendar year in such operation within the city.
Local licensing authority or authority shall mean the Liquor Licensing Authority as
established by the City Council and as defined by the C.R.S. relating to the sale of fermented
malt beverages and malt, special malt, vinous or spirituous liquor.
Manager shall mean and include 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 shall mean:
(1) Any party-in-interest as defined in Section 12-47-311(5)(b), C.R.S.;
(2) Any representative of a bona fide organized neighborhood group which encompasses
part or all of the neighborhood under consideration; or
(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.
(b) All other words and phrases used in this Chapter shall have the meanings described
by the C.R.S. regulating the sale of liquor and fermented malt beverages or if not otherwise
defined by law,the words shall be as used in their common, ordinary and accepted sense and
meaning.
Section 2. That Section 3-16(5)of the Code of the City of Fort Collins is hereby amended to read
as follows:
Sec. 3-16. City Clerk's duties.
The City Clerk shall:
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(5) Process all applications for temporary, special event and bed and breakfast permits
on behalf of the Liquor Licensing Authority pursuant to § 3-83.
Section 3. That the Code of the City of Fort Collins is hereby amended by a new Section 3-86 to
read in its entirety as follows:
Sec. 3-86. Bed and breakfast permit; exemptions.
(a) A person operating a bed and breakfast with not more than twenty(20)sleeping rooms
that offers complimentary malt, vinous, or spirituous liquors for consumption only on the
premises and only by overnight guests may be issued a bed and breakfast permit. A bed and
breakfast licensee shall not sell alcohol beverages by the drink and shall not serve alcohol
beverages for more than four (4) hours in any one (1) day.
(b) An applicant for a bed and breakfast permit is exempt from the provisions of § 3-
53(c)(4) and (5), but is subject to all other requirements of this Chapter.
Introduced and considered favorably on first reading and ordered published this 5th day of February,
A.D. 2002, and to be presented for final passage on the 19th day of February,A.D. 2002.
i
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of February, A.D. 2002.
Mayor ---
ATTEST:
40�ULW
City Clerk