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HomeMy WebLinkAbout017 - 06/13/1968 - REGULATING THE SALE AT RETAIL OF FERMENTED MALT BEVERAGES CONTAINING NOT MORE THAN 3.2% ALCOHOL BY W ORDINANCE NO 17 1968 BEING AN ORDINANCE REGULATING THE SALE AT RETAIL OF FM'NTE n MALT BEVERAGES CONTAINING NOT MORE THAN 3 20/ ALCOHOL BY WEIGHT, AND REPEALING SECTIONS 2-5 THROUGH 2-29 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO (1958), AS AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Sale of Fermented Malt Beverages It shall be unlawful to sell fermented malt beverages at retail in the City, except as provided in this Ordinance Section 2 Definitione As used in this Ordinance the following words or phrases shall have the following meanings a City shall mean the City of Fort Collins, Colorado b Fermented Malt Beverages" shall mean any beverages obtained by the fermenta- tion of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not more than three and two-tenths per cent alcohol by weight c Person shall mean and include a natural person, persons, co-partnerships, corporations, and any other association of persons, and shall include the agent, manager or employee of any of the aforesaid d "Tavern" shall mean any establishment in the City offering fermented malt beverages for sale and whose business in offering for sale said fermented malt beverages constitutes over one-half of the gross receipts of such establishment Section 3 License Required No person shall sell or offer for sale any fermented malt beverages at retail in the City without first having received a license therefor from the City, as provided in this Ordinance Section 4 Classifications and Conditions of License A Licenses issued hereunder shall be of the following classifications 1 Class A - permitting the licensee to sell fermented malt beverages only for consumption on the premises 2 Class B - permitting the licensee to sell fermented malt beverages only for consumption off the premises 3 Class^C - permitting the licensee to sell fermented malt beverages for consumption either on or off the premises B All licenses granted hereunder shall be granted subject to the terms and con- ditions of this Ordinance, the provisions of applicable State law and any terms and con- ditions imposed by resolution of the City Council All licenses granted shall be subject to the applicant obtaining a license from the State of Colorado A license holder shall sell fermented malt beverages only at the location set forth in the license and only within the area encompassed by the application unless approval of transfer of location is first received from the City Council Section 5 Application for License Each applicant for license he37aunder shall comply with the requirements of the City adopted by resolution of the City Council No application for a license shall be received or acted upon where within twelve months next preceding the date of the application the City Council has denied an application at the same location for the reason that the reasonable requirements of the neighborhood were satisfied by the existing outlets Section 6 City Council Acts as Licensing Authority, Hearing Above and Acting on Application for License The City Council shall act as the local licensing authority in the City All hear- ings and actions on applications for licenses hereunder shall be in accordance with the procedures to be adopted by the City Council by resolution Section 8 Occupational License Tax The City Council hereby finds, determines and declares that considering the nature of the business of selling at retail 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 tax burdens within the City, and all other matters proper to be considered in relation thereto, that the classification of such business as a separate occupation is reasonable, proper, uniform and nondiscriminating and necessary for a just and proper distribution of tax burdens within the City There is hereby levied and assessed for each year an annual occupational license tax upon the business of selling fermented malt beverages in the City as such occupation is herein classified as follows a For all Class A licenses, the sum of $100 00 b For all Class B licenses, the sum of $50 00 c For all Class C licenses, the sum of $200 00 Section 9 Same - when due, Collection Such tax shall be due and payable to the Director of Finance of the City on July 1 of each year, commencing in 1968, and shall be delinquent on August 1 of the same year Upon receipt of the tax, the Director of Finance shall execute and deliver to the licensee paying the tax a receipt showing the name of the licensee, the date of payment, the annual period for which such tax is paid and the place at which the licensee conducts business All persons licensed hereunder shall at all times post such receipt in a conspicuous place in the place of business stated in the license Whenever any licensee begins business with a new license subsequent tc July 1 of any year, the occupational license tax required herein shall be prorated on a monthly basis for the remaining portion of the year, but no refund shall be made to any person who dis- continues business under a license before the expiration of the period covered by the tax Section 10 Same - Delinquency, Suspension or Revocation of License No delinquency in payment of the tax herein provided for shall be grounds for sus- pension or revocation of any license granted hereunder and in acting as a licensing authority, the City Council shall exclude from consideration any delinquency in payment of the tax herein provided for Any person who fails to pay the tax imposed by this Ordinance shall be gLulty of a violation of the Code of Ordinances of the City of Fort Collins, Colorado (1958), as amended, punishable as therein provided and each day that such delinquency continues shall constitute a separate offense In addition, the City shall have the right to recover all sums due under this Ordinance by judgment and exe- cution thereon in a civil action in any court of competent jurisdiction Section 11 Regulation of Sale and Consumption a It shall be unlawful for any person to sell fermented malt beverages between the hours of 12 00 o'clock midnight and 6 00 o'clock A M , or on Sunday or on the day of any General Election, Special Election or Municipal Election, until after the polls have closed on said election days, or on Thanksgiving Day, or on the 25th of December, commonly called Christmas Day b It shall be unlawful for any person to serve or consume fermented malt beverages on any street, alley or avenue within the jurisdiction of the City Section 12 Revocation of License Any license granted hereunder may be suspended immediately by the City Council for cause upon notice to the licensee In case of such suspension the City Council shall hold a hearing on the same within fifteen days after the suspension and shall notify the licensee at the time of the suspension as to the date of the hearing A license may be revoked after a hearing to be held by the City Council after notice to the licensee and -2- z opportunity to be heard The violation of any of the provisions of this Ordinance, except as herein provided, or of the laws or regulations of the State of Colorado relating to fermented malt beverages or any falsification of any statement in the application shall be grounds for revocation Section 13 Premises Open to Inspection All premises where any license hereunder is granted shall be open to inspection by any police or health officer at any time during which the place so licensed is open to the public for business Section 14 Licensees to Report Disturbances The holder of any license issued under this article shall report immediately any fight, disturbance or other unlawful act or conduct occurring on the premises to which the license relates to the Fort Collins Police Department by the quickest means possible Failure to so report shall be a violation of this Ordinance Every licensee of a place where fermented malt beverages are sold shall display at all times in a prominent place a printed card with a minimum height of 14 inches and a width of 11 inches with each letter to be of a minimum height of 1/2 inch which shall read as follows WARNING FORT COLLINS POLICE MUST BE NOTIFIED OF ALL DISTURBANCES IN THIS ESTABLISHMENT Section 15 Minors not to be Allowed in Taverns It shall be unlawful for the owner of any tavern to employ any minor under the age of 18 years or to permit any minor under the age of 18 years who is not accompanied by a parent or guardian to be in or about such place Every holder of a license hereunder shall keep such records as will show the percent— age of gross receipts derived from the sale of fermented malt beverages and upon request of the Police Department shall furnish a certified statement showing the percentage of income derived from the same If any licensee hereunder operates premises which are physically divided into two or more areas which can be separately closed to the public, he may keep separate books and records for the purpose of establishing that one or more of such areas does not qualify as a tavern as defined herein In cases where fermented malt beverages are sold in the same premise where other businesses are carried on either by the owner of the license to sell fermented malt beverages or by another party, the gross receipts from all businesses carried on in said premises shall be used in determining whether the business of selling fermented malt beverages constitutes over half of the gross receipts from the operation The owner of any tavern shall post conspicuously in his place of business a printed card of a minimum height of 14 inches and width of 11 inches with each letter to be a minimum height of 1/2 inch which shall read as follows WARNING MINORS UNDER THE AGE OF EIGHTEEN YEARS NOT ALLOWED HERE UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN Section 16 Adequate Lighting Required Any premises for which a license is issued under this article shall be adequately lighted at all times when open to the public For the purpose of this section adequate lighting is hereby defined as 1 4 foot candles at 30 inches from the floor Section 17 Adequate Restroom Facilities Required All taverns as defined in this Ordinance shall as a condition precedent to obtaining a renewal of -their license, bring all restroom facilities, plumbing and other sanitary installations in the premises into substantial conformance with the requirements of the Plumbing Code of the City of Fort Collins in order to assure that sufficient, properly -3- installed stools, lavatories and urinals are provided to assure that such tavern does not become a public nuns ance Section 18 Same - Police Officers to Enforce Ordinances and Regulations It shall be the duty of all police officers to enforce this Ordinance and the laws of the State of Colorado relating to fermented malt beverages, and to arrest and complain against any person violating any of the provisions of said sections or rules and regu- lations pertaining thereto It shall be the duty of the City Attorney to prosecute all violations of said sections in the manner and form as is now provided by law for the prosecution of violations of Ordinances Section 19 Severability It is hereby declared to be the legislative intent of the City Council that the several provisions of this Ordinance shall be severable and if any part, section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the remaining portions of this Ordinance and the City Council hereby declares that it would have passed this Ordinance and each part, section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid Section 20 Repeals Sections 2-5 through 2-29, inclusive, of the Code of Ordinances of the City of Fort Collins, Colorado (1958) as amended, are hereby repealed Introduced, considered favorably on first reading, and ordered published this 23rd day of May, A D , 1968, and to be presented for final passage on the 13th day of June A D , 1968 Mayor ATTEST C y Clerk Passed and adopted on final reading this 13th day of June A D 1968 Mayor ATTEST C3.P Clerk