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HomeMy WebLinkAbout111 - 08/19/1986 - REPEALING AND REENACTING CITY CODE REGARDING ALCOHOLIC BEVERAGES ORDINANCE NO. 111, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING CHAPTER 33 AND CHAPTER A 123 OF THE CODE OF THE CITY AND RE-ENACTING CHAPTER 33 REGARDING ALCOHOLIC BEVERAGES WHEREAS, there exist many provisions of the Code of the City that are repetitive of or conflicting with the State of Colorado Liquor and Beer Codes and Regulations; and WHEREAS, by law, provisions of the State Liquor and Beer Codes and Regulations are sovereign over the Codes of municipalities, including home-rule cities; and WHEREAS, the Council of the City of Fort Collins desires to streamline the City Code and eliminate those Sections which are redundant, conflicting or unnecessary; and WHEREAS, the Council further desires to consolidate certain provisions of the Code pertaining to fermented malt beverages and liquor and to establish aggravating and mitigating factors to be considered by the Liquor Licensing Authority with regard to hearings for suspension, revocation, nonrenewal or other discipline of licensees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 33 and Chapter A 123 of the Code of the City of Fort Collins be, and hereby are, repealed; and that Chapter 33 of the Code of the City of Fort Collins be reenacted to provide as follows: CHAPTER 33 LIQUOR AND BEER CODES Section 33-1 . Definitions: As used in this Chapter, the following words or phrases shall have the following meanings unless the text otherwise requires: APPLICANT - shall mean any person, partnership, corporation or other legally constituted entity or affiliation who is applying for, or has applied for, a license to sell malt, special malt, vinous, or spirituous liquors, or fermented malt beverages, but is not yet licensed as a licensee, and more particularly: (a) If an individual , that person making an application for a license under this Chapter; (b) If a partnership, all the partners of the partnership which is making application for a license under this Chapter; (c) If a corporation, any officer, director or stockholder therein. CITY - shall mean the City of Fort Collins, Colorado. CITY CLERK - shall mean the City Clerk of the City or her/his designated representative. CODE - shall mean the Code of the City. 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. LOCAL LICENSING AUTHORITY, or AUTHORITY - shall mean the Liquor Licensing Authority as established by the City Council of the City and as defined by the Colorado Revised Statutes relating to the sale of fermented malt beverages and malt, special malt, vinous or spirituous liquor. LICENSEE - shall mean a person licensed by law to sell fermented malt beverages, malt, special malt, vinous or spirituous liquors at retail and who is engaged at any time during the calendar year in such operation within the City. MANAGER - shall mean and include that person or 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 - means: (a) any party-in-interest as defined in C.R.S. 12-47-136 (5) (b) ; (b) any representative of a bona fide organized neighborhood group which encompasses part or all of the neighborhood under consideration; (c) any member of the City staff including, but not limited to, the City Manager, the City Attorney, or the Chief of Police, or representatives thereof; or (d) members of the Authority. STATE - shall mean the State of Colorado. All other words and phrases used in this Chapter shall have the meanings attached by the Colorado Revised Statutes regulating the sale of liquor and fermented malt beverages, or if not otherwise defined by law, are used in their common, ordinary and accepted sense and meaning. -2- Section 33-2. Creation of Licensing Authority; duties and authority, membership, quorum. (a) There is hereby created a local Licensing Authority with 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 suspend or revoke any such licenses in the manner provided by law. The Authority shall have all the powers of the local licensing authority as set forth in Title 12, Articles 46, 47, and 48, Colorado Revised Statutes. (b) The Authority shall consist of seven members appointed by the City Council . Members of the Authority shall have a term of four (4) years, provided that appointments shall be made for such term as will achieve overlapping of tenure. In the event a vacancy occurs, the City Council shall make an appointment for the unexpired term. Any member of the Authority may be removed by the City Council for nonattendance or other cause. No person holding a license for the sale of alcoholic beverages or fermented malt beverages shall serve as a member of the Authority. (c) The Authority shall annually elect a chairman from their number who shall preside over all hearings and proceedings of the Authority. The chairman may designate a member of the Authority to assume his duties in his absence. (d) A quorum shall consist of a majority of the members of the Authority, and a decision of the majority of those present constituting a quorum shall control . (e) The Authority shall make a report to the City Council at least annually 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 33-3. Powers of Authority; Duties of City Clerk; Conflict of Laws. (a) 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, provided that all such proposed rules and regulations shall be presented to and approved by the City Council before they shall go into effect. In the absence of such rules and regulations, the rules and regulations of the Authority shall be those rules and regulations heretofore adopted by the City Council acting as the Liquor Licensing Authority. The 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 Authority upon receipt of such license fees as are required by law, and shall serve as the secretary to the Authority, and shall establish a calendar of regular meetings for the Authority, which calendar may be modified by the Authority. If any of the laws as established in this Chapter shall conflict with any provision of the laws of the State of -3- Colorado or the rules of the State Licensing Authority pertaining to the Colorado Liquor or Beer Codes, the provisions of State law or the rules of the State Licensing Authority shall govern. Notwithstanding the foregoing, if the provisions of said state law or said rules are silent on a matter contained in this Chapter then this Chapter shall govern. (b) 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. Upon failure of any witness to comply with such subpoena, the Authority may thereupon revoke or suspend the license. Section 33-4. Conduct of Hearings. (a) All hearings before the Authority shall be public and shall be conducted according to the Colorado Rules of Civil Procedure insofar as applicable, and which rules shall be liberally construed; and in accordance with the duly promulgated rules of the Authority. (b) The following persons shall be in attendance at all public meetings of the Authority pertaining to the application: (1) If the applicant is an individual , that individual ; or (2) If the applicant is a partnership, any partner; or (3) If the applicant is a corporation, the president of the corporation or such other corporate representative as the president may designate; and The Authority may require the attendance of such other person, or persons as it deems necessary or desirable, and may in its discretion waive attendance by any one or more of the designated persons. (c) Applicants and all other parties-in-interest may appear in person or be represented by counsel . At any public hearing held by the Authority for the purposes of establishing the needs, desires and requirements of the neighborhood, only a party-in-interest shall be allowed to present evidence, testify or cross examine witnesses. (d) The Authority shall limit the presentation of evidence tending to be repetitious or immaterial . (e) As applicable, the applicant shall introduce evidence with regard to the following: (1) Qualifications of the applicant regarding his character, reputation and other matters relating to the personal qualifications -4- of the applicant or any other person whose personal qualifications are relevant pursuant to law. (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 detailed plot plans and specifications of the proposed premises. (4) The reasonable requirements of the neighborhood and the desires of the inhabitants thereof for the type of license for which the application has been made. (5) The number, type and availability of liquor outlets located in the neighborhood under consideration. (6) The neighborhood under consideration and evidence that 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 premises for the exercise of the license sought. (f) Any party in interest :may introduce evidence with regard to any pertinent matter affecting the application. (g) The Authority may make such independent investigation as it deems necessary or advisable in connection with any application for a license. (h) Questions concerning the competency of witnesses to testify in behalf of or in opposition to the issuance of the license for the materiality, relevancy or competency of their testimony will be determined by the Authority. No testimony shall be offered unless the same is given under oath. (i ) There is hereby established a rebuttable presumption that the relevant neighborhood most likely to be affected by the applicant's proposed outlet is that area surrounding such outlet at a distance of one mile therefrom on all sides, squared to the nearest street and including both sides of any boundary streets. Evidence may be presented by any party- in-interest at the public hearing on the application for the purpose of modifying in any way the geographic extent of the presumed relevant neighborhood. Petitions favoring or opposing the license applied for may be presented at the hearing. Petitions may be circulated only within the delineated boundaries of the neighborhood by the applicant or any person opposing the license or an agent representative of either applicant or protestant. Each person signing the petition shall sign only his own name, address and his age or otherwise indicate that such person is at least of legal age to purchase or consume the malt, special malt, vinuous or -5- 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 Authority and the boundaries of the neighborhood established. Each petition shall contain a verified statement signed by the circulator of the petition that the circulator personally witnessed each signature appearing on the petition and that each signature thereon 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. (j) Any applicant or licensee having applied for a license pursuant to this Chapter shall be required to execute an authorization and release for financial information in favor of the Authority or its designated agent. Said authorization and release shall allow the Authority or its designated agent, without further permission from the applicant or licensee, to inquire of and obtain financial information concerning the applicant or licensee from any source or sources. This paragraph shall be applicable to any applicant or licensee whether he be sole proprietor, partner (whether limited or general ) , officer of a corporation, or stockholder of any corporation with the exception of any stockholders in any corporation which sells its shares to the public. (k) The City Attorney or his designated representative shall be the legal advisor to the Authority and shall represent the Authority and the City in all proceedings before the Authority and in all courts where any decision of the Authority is appealed. Section 33-5. Hearings: Aggravating and mitigating factors: In all cases where a hearing is held regarding the suspension, revocation, nonrenewal or other discipline of a license issued, the Authority shall consider the following factors in mitigation or aggravation: (a) Seriousness of the violation; (b) Corrective action; (c) Prior violations and offenses at the licensed premises and effectiveness of prior corrective action; (d) Prior violations and offenses by this licensee or his employees; (e) Violation as a repeated course of conduct or as a single event; (f) Likelihood of recurrence; (g) All circumstances surrounding a violation; (h) Willfulness of the violation; -6- (i ) Length of time a license has been held by this licensee; (j) Previous sanctions imposed against this licensee; and (k) Other factors making the situation with respect to the licensee or premises unique. Section 33-6. Suspension, revocation-hearings. When matters are brought to the attention of the Authority which, if substantiated, constitute grounds for a suspension or revocation of the license concerned, the Authority shall promptly notify the licensee in writing, by mail or personal delivery, of the hearing date and time to be established concerning the suspension or revocation of the license. Such notice shall contain a brief description of the grounds for suspension or revocation as well as the date for the hearing at which time the licensee will be required to show cause why the license should not be suspended or revoked. Said hearing shall be held as soon as is reasonably possible, but in no event shall the same be held sooner than fourteen (14) days after notice thereof has been mailed or delivered to the licensee. At the hearing the City shall present matters into evidence and the licensee shall have an opportunity to present evidence on his 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, in writing, within thirty (30) days following the hearing. In the event of revocation, suspension, or cessation of business, no portion of the license fee shall be refunded. Section 33-7. License required. Unless otherwise provided by State law, 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 both this Chapter and the applicable provisions of Title 12, Articles 46, 47 and 48, Colorado Revised Statutes, and said licenses required are in full force and effect. Section 33-8. Manager's License Required. Each licensee, regardless of type of license, shall manage the licensed facilities or special event himself 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 location licensed 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 of the facility himself, or his manager of record ceases to be the manager of said facility, the licensee shall notify the City Clerk within five (5) days and shall designate to the Authority for approval a new registered manager within thirty (30) days. Such proposed manager shall be present at the public meeting of the Authority wherein her/his approval is considered. -7- Section 33-9. 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 thereto, and all in accordance with any local requirements related thereto. Incomplete or erroneous applications shall be rejected. All application forms shall be typewritten or printed in black ink, and all other information or exhibits submitted shall be typewritten or printed in black ink except plans and specifications which may be required. Each application, whether for new license, renewal , change, special event or any other reason under this Chapter, shall be verified by an oath or affirmation that all information submitted has been given fully, accurately, truthfully and without concealment of any material fact. (b) The City Clerk shall cause the completed application to be placed on the agenda of the Authority at a meeting to be held no less than four (4) nor more than thirty (30) days after the Clerk has received the properly completed application (including the application fees) for the purpose of requesting that the application be accepted, that the boundaries of the neighborhood be set, and a hearing date be scheduled for consideration of the application, which hearing shall be set not later than thirty (30) days from the date of acceptance of the application. This procedure shall apply to hearings concerning applications for new licenses and to hearings on applications for a change in location of an existing license or change in class of license. Section 33-10. Public Notice The applicant shall cause to be posted the required public notice for all hearings to be held on new license applications for sale of malt, special malt, vinous, or spirituous liquors, and fermented malt beverages. Where the building for which the license is sought is in existence at the time of the application, the sign shall be placed on the premises so as to be conspicuous and plainly visible to the general public from the exterior of the building. If the building is not in existence at the time of the application, the sign shall be posted upon the premises upon which the building is to be constructed in such a manner that it shall be conspicuous and plainly visible to the general public. 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 an affidavit of posting. Section 33-11. Annual license fees and occupation tax: (a) 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. Said fees shall be in addition to any annual license fees required to be paid directly to the State. -8- (b) The City Council hereby finds, determines and declares that considering the nature of the business of manufacturing or selling, or offering for sale, malt, special malt, vinous or spirituous liquors, or 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 the tax burdens within the City and all other matters properly to be considered in relation thereto, the classification of such business as a separate occupation is reasonable, proper, uniform, nondiscriminating and necessary for a just and proper distribution of tax burdens within the City. Accordingly, the business of selling at retail any fermented malt beverage, malt, special malt, vinous or spirituous liquors, is hereby defined and separately classified as an occupation as specified below. The following annual occupation taxes are hereby established and shall be paid by the applicant or licensee to the City: LICENSE OCCUPATION TAX 1 . Retail Liquor Store License b 750.00 2. Liquor License Drug Store 750.00 License 3. Beer and Wine License 750.00 4. Hotel and Restaurant License 1,500.00 5. Tavern License 1,500.00 6. Club License 750.00 7. Arts License 100.00 8. All Licenses to Sell Fermented 750.00 Malt Beverages for Consumption Both on and off the Premises 9. All Licenses to Sell Only 750.00 Fermented Malt Beverages by the Drink for Consumption on the Premises 10. All Licenses to Sell Only 750.00 Fermented Malt Beverages in Their Original Containers for Consumption Off the Premises 11. All Licensees Licensed to Sell 150.00 Malt, Special Malt, Vinous and Spirituous Liquor for Consumption on the Premises After the Hour of 8:00 o'clock p.m. and Until Mid- night on Sundays and Christmas, -9- Either as Hotels or Restaurants, Taverns, Race Tracks or Clubs, Shall Pay as an Additional Occupation Tax (c) Said 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 license. No delinquency in payment of the tax shall be grounds for suspension or revocation of any license granted hereunder. No refund of any tax paid in accordance with this Chapter shall be made to any person who discontinues or sells his business during the duration of the license; provided, however, that the new owner of any establishment, when approved as a new 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 license. Whenever any 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. It shall be unlawful to operate any malt, special malt, vinous or spirituous liquor or fermented malt beverage establishment in the City without paying the fee imposed by this Chapter, and any person doing so shall be guilty of a violation of the Code, and each day the delinquency continues shall constitute a separate offense. (d) Upon receipt of said fee, the City shall execute and deliver to the licensee paying said fee, a receipt showing the name of the licensee, date of payment and amount, the annual period for which such fee is paid and the address at which the licensee conducts business. (e) 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. (f) It shall be unlawful to operate any licensed premises in the City without paying the fee imposed by this Section, and any person doing so shall be guilty of a violation of the Code, and each day the delinquency continues shall constitute a separate offense. Section 33-12. Application Fees. Application fees for licenses shall be payable to the City as follows: LICENSE APPLICATIONS FEES 1 . New License $ 450.00 2. Transfer of Existing License 250.00 (Ownership or location) 3. Renewal of Existing License 50.00 4. Manager Registration 75.00 -10- 5. Special Events 25.00 6. Expansion of Premises 250.00 The foregoing fees shall be in addition to any fees imposed by the State, and shall be utilized to assist in defraying the cost of posting, investigation, transcription (if applicable) and issuance of the license. Section 33-13. Receipt for fees; display: Upon receipt of the taxes and license fees imposed by this Chapter, the Director of Finance shall issue a receipt showing the name of the person paying the same, the annual period for which the tax is paid and the location of the place of business for which the same is paid. The person operating the business shall at all times during the year keep the receipt posted in a conspicuous place on the premises. Section 33-14. Renewal of license. (a) All renewal applications for malt, special malt, vinous and spirituous liquor and fermented malt beverage licenses shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires. The forms shall be accompanied by all the required fees and such additional materials as the Authority deems necessary to carry out the provisions of the Colorado Beer and Liquor Codes, this Chapter, and all applicable regulations. No renewal application shall be accepted by the City Clerk which is not complete in every detail . Any application mailed to or deposited with the City Clerk which, upon examination, is found to have some omission or error shall be returned to the applicant for completion or correction without any action on the part of the City Clerk or the Authority. Should any renewal application be received in completed form less than forty-five (45) days prior to the date on which the license expires, it shall be deemed a late application. The Authority shall not be answerable for the failure of a license to issue by the expiration date on any late application. Nothing in this Section shall serve as authority for any sale at retail of malt, special malt, vinous or spirituous liquor or fermented malt beverage without a license pursuant to law. (b) Upon receipt of an application for renewal of a license, the City Clerk shall examine her/his records to determine if the applicant for renewal has violated any of the provisions of this Chapter or the related statutes or rules and regulations of the State during the term of the license. (c) Upon the conclusion of such examination, the City Clerk may renew the license for which the application was received if no violations of the provisions of this Chapter or the related statutes or rules or regulations of the State have been found to have been committed by the applicant during the preceding term of the license. -11- (d) Upon the conclusion of such examination, the City Clerk shall cause the matter of the renewal to be scheduled on the agenda of the Authority for consideration if violations of the provisions of this Chapter or the related statutes or rules and regulations of the State have been found to have been committed by the applicant during the preceding term of the license. (e) Notwithstanding the provisions contained herein, the Authority may, on its own motion, cause a hearing for renewal of a license to be scheduled and heard by it. Section 33-15. Expansion of existing licensed establishments. (a) No person holding a license shall expand, enlarge or modify the licensed premises or in other ways alter the premises from that shown in the plans and specifications originally submitted at the time of obtaining the original license, until written approval to do so has been received from the Authority and the State Licensing Authority. (b) Request for proposed expansion, enlargement or modification of the licensed premises shall be on such forms as are provided therefor by the State Licensing Authority and, in addition, on such forms as may be provided by the City, if any. Said request shall be accompanied by adequate plans and specifications (on pages not larger than 8 112 inches by 14 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 four (4) nor more than thirty (30) days from the date of the filing. (d) If the Authority finds that the request for enlargement, modification or expansion is substantial , it shall schedule a public hearing upon said request not less than thirty (30) days from the date of such finding for the purpose of determining whether or not the reasonable requirements of the neighborhood justify or support the granting of said request. An application fee for such enlargement, modification or expansion shall be assessed in the sum as provided in Section 33-12 of the Code. With regard to a request for substantial enlargement, modification or expansion, all of the requirements for publishing notice, posting notice and the manner thereof as well as scheduling the hearing and the manner of conducting the same which apply for new licenses shall be observed. In the event the Authority determines that the proposed enlargement, modification or expansion is not substantial , it shall forthwith grant the request. (e) Whether or not a requested enlargement, modification or expansion is substantial within the meaning of this Section shall be determined on the basis of the following: -12- (1) The extent of the enlargement, modification or expansion in relation to the size and area of the existing establishment used in connection with the license. (2) Whether the licensee's ability to serve the needs of the neighborhood will increase in a substantial manner because of the proposed enlargement, modification or expansion. (3) Whether it appears that the proposed enlargement , modification or expansion will change the character of the licensed premises. (4) What changes, if any, appear to have occurred in the neighborhood with regard to the use of the surrounding lands since the date the license was first issued, the number of people regularly coming to or through the neighborhood and the number of people now residing in the neighborhood. (5) The licensee ' s reasons for requesting the proposed enlargement, modification or expansion. (f) At the conclusion of the public hearing and within thirty (30) days thereafter, the Authority shall , in writing, submit to the State Licensing Authority its determination whether, in light of the facts and circumstances adduced as the result of its investigation, the request for the proposed enlargement, modification or expansion should be granted or denied. Section 33-16. Change of ownership of licensed premises. (a) No license issued by the Authority shall be changed as to ownership without the prior approval of the Authority. Applications for change of ownership shall be made on forms to be supplied by the City. (b) Change of ownership of licensed premises shall include, without limitation, the following types of changes of existing licenses: (1) Sale or transfer of the license or business and/or good will thereof. (2) Transfer of five percent (5%) or more of the capital stock of any corporation holding a license or any change in officers or directors of the corporation, except a corporation whose stock is traded on a recognized exchange. (3) Transfer ,of five percent (5%) or more of the interest of any general partnership (or of the general partnership interest of a limited partnership) , joint venture or other business entity, or any change in general partners or venturers of the partnership, venture or other business entity. -13- (4) Transfer of possession of the license or the business and/or good will thereof by operation of law (bankruptcy, receivership, foreclosure, eviction, etc. ) . (c) In the event of the transfer of five percent (5%) or more of the capital stock of any corporation holding a license, or any change in officers or directors of the corporation, such transfer or change shall be reported to the City Clerk within ten (10) days after such transfer or change, and approval shall be obtained from the Authority in order for the license to continue. (d) If the applicant is a corporation or if a change of ownership of a corporation holding a license is involved, the names and addresses of all new stockholders who will hold more than five percent (5%) of the outstanding issued capital stock of the corporation shall be submitted. (e) An applicant shall submit full information concerning the basis on which the applicant will occupy the premises for which the license is desired, including, if applicable, proof of ownership of the premises, a copy of the lease, a copy of the contract or such other documents as may apply. (f) If the applicant is a partnership, a true and correct copy of the partnership agreement shall be filed with the application. If the applicant is a corporation, a true and correct copy of the Articles of Incorporation and Bylaws shall be filed with the application. Any amendments to such documents shall be filed with the City Clerk promptly upon adoption thereof. (g) A copy of any contract or agreement regarding the sale of the licensed premises shall be filed with the application. (h) A transfer fee as provided in Section 33-12 of the Code shall be deposited with the application, the same to cover the work of investigation and review by the City Clerk and Police Department. In the event that the State Licensing Authority has conducted an investigation of the applicant in detail acceptable to the Police Department, and has issued its master report thereon, the City Clerk shall waive the collection of fifty percent (50%) of the aforesaid fee. (i ) It shall not be necessary to post notice on the premises nor to publish legal notice of the proposed transfer in connection with such change of ownership and the hearing shall be limited to the question of the qualifications of the transferee. (j) Upon receipt of such application, and completion of the police investigation, the City Clerk shall set the matter for hearing before the Authority, at which hearing the Authority shall approve or deny the change. -14- Section 33-17. Transfers of location. No license issued by the Authority shall be transferred to another location, howsoever proximate, without the approval of the Authority. The policies and procedures for such transfer of location of licensed premises shall be the same as those for the issuance of new licenses except information and investigation regarding the applicant shall not be required. An application fee as provided in Section 33-12 of the Code shall be charged. Section 33-18. Proof required as to nature and operation of establishment. The owner, licensee or operator of any hotel -restaurant licensed by the Authority 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 said term is defined by law. Such evidence may consist of accounting records for 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. Refusal to comply with such request may be grounds for suspension or revocation of the license. Section 33-19. Report of Disturbances. It shall be unlawful for any licensee to fail to immediately report to the Police Department of the City any unlawful or disorderly act, conduct or disturbance committed on the premises. Failure to comply with the requirements of this Section may be considered by the Authority in any action relating to revocation, suspension or renewal of a license. Repeated failure to comply with the requirements of this Section shall constitute prima facie grounds for the suspension, revocation or denial of renewal of a license. Section 33-20. Violations; Penalty. Penalties for violations of this Chapter shall be as provided in Section 1-23 of the Code 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 or 48, Colorado Revised Statutes, or the rules and regulations related thereto, shall be subject to suspension or revocation of his license pursuant to the laws of the State. Section 33-21. Severability. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. -15- Introduced, considered favorably on first reading, and ordered published in summary form this 5th day of August , A.D. 1986, and to be presented for final passage on the 19th day of August A.D. 1986. :�z 4'A/�— May ATTEST: o City Clerk Passed and adopted on final reading this 19th day of August, A.D. 1986. Mayor ATTEST: City Clerk Cs -16-