HomeMy WebLinkAbout025 - 06/05/1969 - RELATING TO THE SALE OF MALT, VINOUS, AND/OR SPIRITUOUS LIQUORS WITHIN THE CITY LIMITS ESTABLISHING ORDINANCE NO. � 1969,
RELATING TO THE SALE OF MALT,VINOUS, AND/OR SPIRITUOUS LIQUORS WITHIN THE CITY
LIMITS OF THE CITY OF FORT COLLINS, COLORADO, ESTABLISHING A LIQUOR LICENSING
AUTHORITY TO HEAR APPLICATIONS FOR LICENSES AUTHORIZING THE SALE OF LIQUOR,
GRANTING SUCH AUTHORITY FULL POWER TO DETERMINE ALL QUESTIONS RAISED BY SUCH
APPLICATIONS AND TO PRESCRIBE RULES AND REGULATIONS FOR PROCEDURES NECESSARY
FOR THE .HEARING OF SUCH APPLICATIONS, ESTABLISHING CERTAIN OCCUPATION TAXES
.FOR ESTABLISHiMENTS MANUFACTURING OR SELLING LIQUOR IN THE CITY, PRESCRIBING
DETAILS IN RELATION TO THE FOREGOING AND REPEALING SECTIONS 2=1 TO 2-4 INCLUSIVE
CF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958s AS AMENDED.
BE IT ORDAINED BY THE COUNCIL .OF THE CITY OF FORT COLLINS:
Section 1 . No person shall sell , keep ,manufacture or offer for sale any malt,
vinous, or spirituous liquors within the City of Fort Collins without having first
received a license. therefore under the provisions of this ordinance and the laws of
the State of Colorado.
Section 2. There is hereby created a Liquor. Licensing Authority with the duty
and authority to grantor refuse licenses for the manufacture or sale of malt, vinous,
or spirituous liquors as provided by law, to conduct investigations as are .required by
law and to suspend or revoke such licenses for cause in the manner provided for by law.
Said authority shall consist .of all members of the City Council and the term of each
member shall be coincident with his term on the City Council .. A quorum shall consist
of three members and a decision of a majority of those present constituting a quorum
shall control . The mayor shall be the chairman of the Liquor Licensing Authority.
Section 3. The Liquor Licensing Authority shall have the power to promulgate
rules and regulations concerning the procedures for hearings before it and the
presentation of evidence at hearings. Said Authority shall further have the power
to require any applicant for a license to furnish any relevant information required
by the Authority. The City Clerk shall issue all licenses granted by the Liquor
Licensing Authority upon receipt of such license fees as are required by law and
the City Clerk shall serve as the Secretary to the Liquor Licensing Authority.
Section 4. All liquor licenses granted by the Liquor Licensing Authority shall
be .granted for a period of one calendar year or the portion thereof remaining at the
time of making application for the license. Where application is made for a portion
of a calendar year thereshall be no reduction of the license fees because of said.
fact. All licenses shall expire December 31 of the year for which issued, and
applications for the renewal of licenses shall be made' on or before the first day of
December of each year.
Section 5. The. City Council hereby finds, determines and declares that considering
the nature of the business of manufacturing or selling malt, vinous , or spirituous
liquors 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 the tax burdens within the City and all other matters properly to be
considered in relation thereto that the classification of such business as a separate
occupation is reasonable, proper, uniform and non-discriminating 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 manufacturing or selling malt, vinous, or spirituous liquors
in the city as such occupations are classified -in Section 75-2-16 and Section 75-2-3(4b)
C. R. S. 1963, as amended, as follows:
(a) Retail liquor store license, the sum of $ 500 . 00
(b) Liquor license .drug store, the. sum of $ 500 . 00
(c) Beer and wine license, the sum of $ h 0 0 .0 0
(d) Hotel and restaurant liquor license, the sum of $ 1 500 .00.
(e), Extended hours hotel and restaurant license, the sum of 150 . 00
(f) Club license, the sum of $ 500 .00 ,
Section 6. Such occupational license tax shall be due and payable tome Director
of Finance of the City on January 1 of each year and shall. be delinquent on February 15
of the same year. In the case of licenses issued in the year 1969 the occupational license
tax shall be prorated as provided below and shall be due on the date the license is issued
and delinquent 45 days thereafter. 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 license 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.
Menever any licensee begins business with a new license subsequent to January 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 discontinued business under a license before the expiration of the period covered by
the tax.
If a license under this article is approved for any applicant who previously' paid
an occupation tax for the current year for the exercise of a 3.2 beer license such tax
shall upon surrender of the old license be prorated and credited to the ne':1 occupation
tax applicable to the new license.
Section 7. No delinquency in payment of the tax herein provided for shall be grounds
for suspension or revoation 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. It shall be unlawful to operate any malt, vinous , or spirituous
liquor establishment within the City without paying the tax imposed by this ordinance, and
any person doing so shall be guilty 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
this 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 execution thereor
in a Civil Action in any Court of competent jurisdiction. .
Section 8. 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 .
5�ction 9. It shall be unlawful for any person to consume, sell or serve within the
City Limits any malt, vinous , or spirituous liquors in or upon any street, alley, high,,-lay,
public way and/or public building, except that this provision shall not apply to any place
duly licensed pursuant to this ordinance for the sale of such liquors.
. action 10. Section 2-1 through 2-4, inclusive, of the Code of Ordinances of the
City of Fort Collins , Colorado, 1958, as amended, are hereby repealed.
Section 11 . 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 section or
part of this ordinance is declared invalid by a decisicn of any Court of competent
jurisdiction,. the City Council hereby expressly declares that it would have passed
the remaining parts or sections of this ordinance without such invalid portion. If
any part or parts hereof is for any reason held to be invalid by a Court of competent
jurisdiction such holding shall not affect the remaining portions of this ordinance.
Introduced; considered favorably on first reading and ordered published this
First day of May , , A.D. , 1969, and to ,be presented for final passage
on the 5 th day of June , A.D. , 1969.
Mayor
ATTEST:
City CTerk
Passed and adopted on final reading this 5th day of June A.D. , 1969.
Mayoy
ATTEST:
City Clerk/ ,
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