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HomeMy WebLinkAbout078 - 06/03/1997 - AMENDING CITY CODE RELATING TO ALCOHOLIC BEVERAGES ORDINANCE NO. 78, 1997 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 WHEREAS, Section 12-47-135.5, Colorado Revised Statutes, authorizes a municipality, through its governing body,to adopt specific standards for the issuance of optional premises licenses and for optional premises for a hotel and restaurant license for outdoor sports and recreational facilities as defined in Section 12-47-103(13.5), Colorado Revised Statutes; and WHEREAS,there exists a genuine need for the ability to consider optional premises licenses in situations where portions of a golf course, because of the large surface area, are separated by public roads or private property, thereby making the contiguity requirements associated with other types of liquor licenses difficult to comply with and administer; and WHEREAS, the liquor licensing authority of the City of Fort Collins will retain its ability to exercise discretion in the issuance and renewal of this type of liquor license pursuant to the provisions of state law and the municipal code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 3 of the Code of the City of Fort Collins be, and hereby is, amended by adding thereto a new Section 3-84 to read as follows: See. 3-84. Optional Premises Licenses. (a) The authority shall have the power to issue optional premises licenses and optional premises for hotel and restaurant licenses in accordance with the provisions of Title 12, Article 47, C.R.S., and the provisions of this Section. The provisions of this Section shall be considered in addition to all other standards applicable to the issuance of licenses under the Colorado Liquor Code and this Chapter. The optional premises license and the optional premises for hotel and restaurant licenses shall collectively be referred to as an"optional premises license" unless otherwise specified herein. (b) An optional premises license may only be considered when the premises to be licensed is located upon an outdoor sports and recreational facility as defined in Section 12-47-103(13.5), C.R.S.; provided, however, that the type of outdoor sports and recreational facilities which may be considered for an optional premises license shall be limited to golf courses. (c) There shall be no minimum size requirement for the outdoor sports and recreational facilities which may be eligible for the approval of an optional premises license. However, the authority may consider the size of the particular outdoor sports and recreational facility in relation to the number of optional premises requested for the facility. (d) There shall be no restrictions on the number of optional premises which any one licensee may have on an outdoor sports and recreational facility. However, any applicant requesting approval of more than one optional premises on an outdoor sports and recreational facility shall demonstrate the need for each optional premises in relationship to the outdoor sports and recreational facility and its guests. (e) When submitting a request for the approval of an optional premises license, an applicant shall also submit the following information: (1) a map or other drawing illustrating the outdoor sports and recreational facility boundaries and the approximate location of each optional premises requested. (2) a description of the method which shall be used to identify the boundaries of the optional premises when in use. (3) a description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises. (f) An application for a new optional premises license or an optional premises for a new hotel and restaurant license shall be processed in the same manner as any other new license application. An application for an optional premises filed in connection with an existing hotel and restaurant license shall be processed in the same manner as an application to modify or expand the licensed premises. (g) Pursuant to Section 12-47-135(6) and (7), C.R.S., no alcoholic beverages may be served on the optional premises unless the licensee has provided written notice to the state and local licensing authorities forty-eight (48) hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard, there shall be no limitation on the number of days which a licensee may specify in each notice. However, no notice may specify any date of use which is beyond the current license period. Section 2. That Subsection(b) of Section 3-76 of the Code of the City of Fort Collins be, and hereby is, amended by adding thereto a new Subparagraph(13) to read as follows: 2 (13) Optional premises license (not associated with a hotel and restaurant license) . . . . . . . . . . . . . . . . . . . 1,500. Introduced and considered favorably on first reading and ordered published this 20th day of May, A.D. 1997, and to be presented for final passage on the 3r a of June, A.D. or ATT ST: ity Ierk Passed and adopted on final reading this 3rd day of J e D. 1997. G ayor ATTEST: L '�Vu fk..'A A City Clerk 3