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HomeMy WebLinkAbout031 - 03/21/1989 - AMENDING THE CITY CODE RELATING TO ALCOHOLIC BEVERAGES A ORDINANCE NO. 31, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ALCOHOLIC BEVERAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. 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 Section 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 Sections 12-46-107(5) through (8) and 12-47-110(3) through (6) , 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 2. That Section 3-16(2) of the Code of the City of Fort Collins is hereby amended to read as follows: (2) Serve as the secretary of the Liquor Licensing Authority; and Section 3. That Section 3-16 of the Code of the City of Fort Collins is hereby amended by the addition of a new subsection (4) , to read as follows: (4) Process all license renewal applications on behalf of the liquor licensing authority upon receipt of such license fees as are required by law. Section 4. That Section 3-33 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-33. Functions. (a) The authority shall have the duty and authority to grant or refuse licenses for the possession, sale, and offering for sale of malt, special malt, vinous or spirituous liquors and fermented malt beverages as provided by law, to conduct investigations as are required by law and to levy penalties against licensees in the manner provided by law. (b) The authority shall have all the powers of the local licensing authority as set forth in Title 12, Article 46, 47 and 48, C.R.S. (c) The authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before it and the presentation of evidence at hearings. (d) The authority shall have the power to require any applicant for a license to furnish any relevant information required by the authority. (e) The authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing which the authority is authorized to conduct. It shall constitute a violation of this Code for any person to fail to comply with any subpoena issued by the authority in the proper conduct of its hearings. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the state. Section 5. That Section 3-34 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-34. Officers; bylaws. The authority shall elect annually from its membership a chairperson and such other officers as may be required. Bylaws may be adopted by the authority, which bylaws shall not be inconsistent with the Charter and the Code. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the authority, and they may be subject to the approval of the City Council . Section 6. That Section 3-35 of the Code of the City of Fort Collins is hereby retitled and subsection (c) is amended to read as follows: Sec. 3-35. Meetings; minutes; annual report. (c) On or before January 31 of each year, the authority shall file a report with the City Clerk setting forth the number of applications for licenses acted upon, the number of licenses granted and the number denied and any other actions taken by the authority during the past year. Section 7. That Section 3-51 of the Code of the City of Fort Collins is hereby amended to revise subsection (a) , repeal subsections (b) through (h) and add a new subsection (b) , to read as follows: Sec. 3-51. Conduct of hearings. (a) All hearings before the authority shall be public and shall be conducted according to the rules and regulations concerning the procedure for hearings promulgated by the authority. (b) No testimony shall be offered at a hearing unless the same is given under oath. Section 8. That Section 3-52 of the Code of the City of Fort Collins is hereby repealed and a new Section 3-52 is added, 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 12-47-136, 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 9. That Section 3-53 of the Code of the City of Fort Collins is hereby repealed and a new Section 3-53 is added, to read as follows: Sec. 3-53. Hearings on new license and change of location applications. (a) Applicants and all other parties-in-interest may appear in person or be represented by counsel . At any hearing held by the authority for purposes of establishing the needs, desires and requirements of the neighborhood, only a party-in-interest and agents responsible for petition circulation shall be allowed to present evidence, testify or cross-examine witnesses. (b) The authority may limit the presentation of evidence tending to be repetitious or immaterial . (c) As applicable, the applicant may introduce evidence with regard to the following: (1) Information regarding the applicant's character, reputation and other matters relating to the personal qualifications of the applicant or any other person whose personal qualifications are relevant pursuant to law; -3- (2) The applicant's relevant financial and management associations and the relevant interests of other persons in the business; (3) The type of building in which the business is to be conducted and the facilities which will be used by the applicant, including a floor plan of the proposed premises; (4) The neighborhood affected by the application. There is a rebuttable presumption that the relevant neighborhood most likely to be affected by the applicant's proposed establishment is that area surrounding such establishment at a distance of approximately one (1) mile on all sides, squared to the nearest street and including both sides of any boundary streets. The City Clerk shall notify the applicant of the boundaries of the neighborhood pursuant to this presumption, which boundaries shall be accepted or rejected by the applicant, in writing, within five (5) days thereafter. If the proposed boundaries are rejected, the matter shall be scheduled for a boundary hearing before the authority, at which time evidence may be presented by any party-in-interest for the purpose of modifying the geographic extent of the presumed relevant neighborhood. (5) The reasonable requirements of the neighborhood and the desires of its inhabitants for the type of license for which application has been made. A. Petitions favoring or opposing the license applied for may be presented at the hearing. Petitions may be circulated only within the neighborhood affected by the application. Every person signing the petition shall sign only their own name, address and their age or otherwise indicate that such person is at least of legal age to purchase or consume the malt, special malt, vinous or spirituous liquors or fermented malt beverages which are the subject of the license applied for. The date when the signature is affixed to the petition shall be put on the petition by the party signing the same. No signatures will be considered which are dated prior to the date the application was received by the City Clerk. -4- B. Each petition shall contain a verified statement signed by the circulator of the petition indicating that the circulator personally witnessed each signature appearing on the petition and that, to the best of his/her knowledge, each signature is the signature of the person whose name it purports to be and that the address given opposite that person ' s name is the true business or residence address of the person signing the petition. (6) The proposed establishment meets the zoning and planning requirements of the city. (7) Any other pertinent matters affecting the qualifications of the applicant and the location of the proposed premises. (d) Any party-in-interest may introduce evidence with regard to any pertinent matter affecting the application. (e) The authority may make such independent investigation as it deems necessary or advisable in connection with any application for a license. Section 10. That Section 3-55 of the Code of the City of Fort Collins is hereby renumbered and retitled to Section 3-54 and amended to read as follows: Sec. 3-54. Show cause hearings. (a) When matters are brought to the attention of the authority which, if substantiated, constitute a violation of this chapter or of Title 12, Articles 46, 47 and 48, C.R.S. , or the rules and regulations relating thereto, the authority shall promptly notify the licensee, in writing, by mail or personal delivery, of the date and time established for a show cause hearing at which time the licensee will be required to show cause why a penalty should not be levied if a violation is found. (b) Such notice shall contain a brief description of the grounds for conducting the hearing. The hearing shall be held as soon as is reasonably possible, but in no event shall it be held sooner than fourteen (14) days after notice has been mailed or delivered to the licensee. (c) At the hearing, the city shall present matters into evidence and the licensee shall have an opportunity to present evidence on the licensee's behalf and to comment upon the evidence. The licensee shall be entitled to be represented by counsel . The authority shall furnish the licensee its decision -5- in writing within thirty (30) days following the hearing. In the event of suspension or revocation of the license, no portion of the annual license fee paid pursuant to Section 3-75 shall be refunded. Section 11. That Section 3-54 of the Code of the City of Fort Collins is hereby renumbered and retitled to Section 3-55 and amended to read as follows: Sec. 3-55. Aggravating and mitigating factors considered at show cause hearings. In all cases where a violation of the applicable state or local laws is found at a show cause hearing, the authority shall consider the following factors in mitigation or aggravation prior to determining the appropriate penalty: (1) Seriousness of the violation; (2) Corrective action; (3) Prior violations and offenses at the licensed premises and effectiveness of prior corrective action; (4) Prior violations and offenses by the licensee or his or her employees; (5) Violation as a repeated course of conduct or as a single event; (6) Likelihood of recurrence; (7) All circumstances surrounding a violation; (8) Willfulness of the violation; (9) Length of time a license has been held by the licensee; (10) Previous sanctions imposed against the licensee; and (11) Other factors making the situation with respect to the licensee or premises unique. Section 12. That Section 3-71 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-71. License required. It shall be unlawful for any person within the city to manufacture, sell , offer or possess for sale any malt, special malt, vinous, spirituous liquors or fermented malt beverages unless licensed to do so as provided by this Chapter and the applicable provisions of Title 12, Articles 46, 47 and 48, C.R.S. -6- Section 13. That Section 3-72 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 3-72. Manager's registration required. Each licensee, regardless of type of license, shall manage the licensed premises or special event or shall have a separate and distinct manager who shall be registered by the licensee with the authority. No person shall be a registered manager for more than one (1) licensed premises pursuant to this Chapter. The authority may refuse to approve the registration of any person as a manager unless such person is satisfactory to the authority as to moral character, record and reputation. When a licensee ceases to be the manager or the manager of record ceases to be the manager, the licensee shall notify the City Clerk within five (5) days and shall designate a new registered manager to the authority for approval within thirty (30) days. Such proposed manager shall be present at the public meeting of the authority wherein the approval is considered. Section 14. That Section 3-73 of the Code of the City of Fort Collins is hereby amended to repeal subsection (b) , amend subsection (a) and add a new subsection (b) , to read as follows: Sec. 3-73. Applications. (a) All applications for liquor or fermented malt beverage licenses shall be filed with the City Clerk. Any person applying for such license shall file the state license application form and the local license application forms, if any, all of which shall be filled out and completed in all material detail , including all exhibits that may be required to be attached in accordance with any local requirements. Incomplete or erroneous applications shall be rejected. All application forms shall be typewritten or printed in black or blue ink. All other information or exhibits submitted shall be typewritten or printed in black or blue ink except plans and specifications which may be required. (b) The City Clerk shall establish application filing deadlines so as to allow sufficient time for completion of investigations, posting and publishing notice of hearings, if applicable, and taking such other action as is necessary prior to the authority's consideration of the application. Section 15. That Section 3-74 of the Code of the City of Fort Collins is hereby repealed. Section 16. That Section 3-75 of the Code of the City of Fort Collins is hereby renumbered to Section 3-74 and amended to read as follows: -7- Sec. 3-74. Application fees. (a) Application fees shall be payable to the city as follows: Fees (1) New License (including change of class of license) . . . . . . . . . . . . . . . . 450. (2) Transfer of ownership (including changes in corporate structure) or change of location of license . . . . . . 250. (3) Renewal of license . . . . . . . . . . . . 50. (4) Manager registration . . . . . . . . . . . 75. (5) Special events permit . . . . . . . . . . . 25. (6) Modification of premises . . . . . . . . . 250. (b) The foregoing fees shall be nonrefundable except that the application fee for a modification of premises shall be refunded if a hearing is not required pursuant to Section 3-78. The foregoing fees shall be in addition to any fees imposed by the state. Section 17. That Section 3-76 of the Code of the City of Fort Collins is hereby renumbered Section 3-75 and amended to read as follows: Sec. 3-75. Annual license fees. Annual license fees shall be paid to the city as provided by state law. Annual license fees shall be paid in advance and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. The fees shall be in addition to any annual license fees required to be paid to the state. Section 18. That Section 3-77 of the Code of the City of Fort Collins is hereby renumbered Section 3-76, subsection (c) is amended to read as follows, a new subsection (d) is added to read as follows and the existing subsection (d) is relettered and 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 alcoholic beverage license. No delinquency in payment of the tax shall be grounds for suspension or revocation of any alcoholic 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 -8- duration of the occupation tax license. The new owner of any establishment when approved as a new alcoholic 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 alcoholic 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. (d) If any person fails to pay the tax when due, there shall be added to the amount owing a penalty equal to the sum of fifteen dollars (f15.) or ten (10) percent thereof, whichever is greater, and interest on such delinquent taxes at the rate imposed by Section 25-188 plus one-half (0.5) percent per month from the date the tax was due, not exceeding eighteen (18) percent in the aggregate. (e) Upon receipt of the tax, the city shall execute and deliver to the licensee paying the tax an occupation tax license showing the name of the licensee, date of payment and amount, the annual period of which such tax is paid and the address of the licensed premises. The person operating the business shall , at all times during the year, keep the license posted in a conspicuous place on the licensed premises. Section 19. That Section 3-77 of the Code of the City of Fart Collins is hereby added, to read as follows: Sec. 3-77. Remedies; violations. (a) In addition to any other remedy provided by this chapter, the city shall have the right to recover all sums due and owing under this chapter by any civil remedy available under existing law. (b) No person shall operate any licensed premises in the city without paying the fees, taxes, penalties and interest imposed by this chapter. Section 20. That Section 3-78 and Section 3-79 of the Code of the City of Fort Collins are hereby repealed. Section 21. That Section 3-80 of the Code of the City of Fort Collins is hereby renumbered and retitled to Section 3-78, subsections (a) through (d) are amended, subsections (e) and (g) are repealed and subsection (f) is relettered and amended to read as follows: Sec. 3-78. Modification of premises. (a) No licensee shall physically change, alter or modify the licensed premises from that shown in the plans and -9- 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. (b) Requests for changes, alterations or modifications of the licensed premises shall be on such forms as are provided by the state licensing authority and, in addition, on such forms as may be provided by the city, if any. The request shall be accompanied by plans and specifications, on pages not larger than eight and one-half (8 112) inches by eleven (11) inches, which shall be sufficient to advise the authority of the scope and nature of the proposed request. (c) The request shall be filed with the City Clerk who shall cause the request to be placed on the agenda of the authority for consideration at a meeting to be held no less than fourteen (14) days nor more than forty-five (45) days from the date of filing. (d) If the authority finds that the proposed modification is not substantial , it shall forthwith grant the request. If the authority finds that the proposed modification is substantial , it may either grant the request if it determines that the premises, as changed, altered or modified, will meet all of the pertinent requirements of the applicable state law and regulations, or schedule a hearing upon said request within thirty (30) days from the date of the finding as to the substantial nature of the modification, said hearing to be for the purpose of making the determination described herein. (e) Whether or not a proposed modification is substantial within the meaning of this Section shall be determined on the basis described in Reg. 47-106.2A, as adopted by the state. Section 22. That Section 3-81 of the Code of the City of Fort Collins is hereby repealed. Section 23. That Section 3-82 of the Code of the City of Fort Collins is hereby renumbered Section 3-79 and retitled as follows: Sec. 3-79. Change of location. Section 24. That Section 3-83 of the Code of the City of Fort Collins is hereby renumbered Section 3-80, retitled and amended to read as follows: Sec. 3-80. Proof required as to nature and operation of a hotel-restaurant establishment. Any hotel-restaurant 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, as the term is defined by law. Such evidence may consist of account records for -10- 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 alcoholic liquors. Section 25. That Section 3-84 of the Code of the City of Fort Collins is hereby renumbered Section 3-81 and amended to read as follows: Sec. 3-81. Report of disturbances. All licensees shall immediately report to the Office of Police Services any unlawful or disorderly act, conduct or disturbance committed on the licensed premises. Repeated failure to comply with the requirements of this Section shall constitute prima facie grounds for the levying of a penalty against the licensee. Section 26. That Section 3-85 of the Code of the City of Fort Collins is hereby repealed. Introduced, considered favorably on first reading, and ordered published in summary form this 21st day of February, A.D. 1989, and to be presented for final passage on the 21st day Marc D. 1989. M ATTEST: City Clerk Passed and adopted on final reading th 21st,day of March, A.D. 1989. Mayor TTEST: City Clerk -11-