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HomeMy WebLinkAbout141 - 12/17/1991 - AMENDING CITY CODE RELATING TO THE ISSUANCE OF TEMPORARY PERMITS FOR FERMENTED MALT BEVERAGE AND ALC ORDINANCE NO. 141, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE ISSUANCE OF TEMPORARY PERMITS FOR FERMENTED MALT BEVERAGE AND ALCOHOLIC BEVERAGE LIQUOR LICENSES WHEREAS, Sections 12-46-106.5 and 12-47-106.5, C.R.S. give the local liquor licensing authority the discretionary authority to issue a temporary permit to the transferee of a fermented malt beverage license or any class of liquor licensee, which permit shall allow the transferee to continue selling fermented malt or alcoholic beverages during the period in which an application for transfer of ownership of an existing license is pending; and WHEREAS, Sections 12-46-106.5(3) and 12-47-106.5(3) , C.R.S. require that if the local licensing authority grants a temporary permit it must do so within three (3) working days after the receipt of the application for the permit; and WHEREAS, the Fort Collins Liquor Licensing Authority has recommended the delegation of its authority to issue temporary permits to the City Clerk in those circumstances where the next regularly scheduled meeting of the Authority will not be held within three (3) working days of the receipt of an application for a temporary permit; and WHEREAS, the City Council believes that such a delegation of authority to the City Clerk to issue temporary permits is appropriate and necessary in 0 -der to comply with the requirements of Sections 12-46-106.5(3) and 12-47-106.5(3) , C.R.S. and to provide for the efficient administration and processing of applications for temporary permits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 3-16 of the City Code be amended by the addition of a subsection (5) to read as follows: Sec. 3-16. City Clerk's duties. (5) Process all applications for temporary permits on behalf of the Liquor Licensing Authority pursuant to § 3-83. Section 2. That Section 3-74(a) of the City Code be amended to read as follows: Sec. 3-74. Application fees. (a) Application fees shall be payable to the city as follows: (1) New license (including change of class of license) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450. (2) Transfer of ownership or change of location of license. . . . . . . . . . . . . . . . . . . . . . . . 250. (3) Temporary license (in case of inadvertent failure to renew license) . . . . . . . . . . . . . . . . . . . . . 250. (4) Temporary permit (to allow continued operation during period that an application for transfer of ownership is pending) . . . . . . . . . . . . . . . . . . . . . . . 100. (5) Renewal of license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50. (6) Manager registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 75. (7) Special events permit (per day) . . . . . . . . . . . . . . . . 25. (8) Modification of premises. . . . . . . . . . . . . . . . . . . . . . . 250. (9) Change in corporate structure, per each required background investigation. . . . . . . . . 50. Not to exceed a total of. . . . . . . . . . . . . . . . . . . . . . . 250. Section 3. That the Code of the City of Fort Collins is hereby amended by adding a section, to be numbered Section 3-83, which Section reads as follows: Sec. 3-83. Temporary permit. (a) The Liquor Licensing Authority may, in accordance with the provisions of Section 12-46-106.5, C.R.S. , issue a temporary permit to a transferee of a fermented malt beverage license issued by the State licensing authority pursuant to the Colorado Beer Code. Such temporary permit shall authorize a transferee to sell fermented malt beverages in accordance with the provisions of Section 12-46-106.5. (b) The Liquor Licensing Authority may, in accordance with the provisions of Section 12-47-106.5, C.R.S. , issue a temporary permit to a transferee of any class of liquor license issued by the State licensing authority pursuant to the Colorado Liquor Code. Such temporary permit shall authorize a transferee to sell alcoholic beverages in accordance with the provisions of Section 12-47-106.5. (c) If the next regularly scheduled meeting of the Liquor Licensing Authority will not be held within three (3) working days of the receipt by the City Clerk of an application for a temporary permit under this Section, the City Clerk shall issue the temporary permit requested by such an application provided the Clerk first determines the following: (1) That the applicant is in compliance with all applicable provisions of Sections 12-46-106.5, C.R.S. , and 12-47-106.5, C.R.S. ; and (2) That a preliminary background check conducted by Police Services of the applicant and its officers, directors, and owners having a five percent (5%) or more ownership interest, indicates that such persons have not been convicted of a felony or an offense involving moral turpitude. If either of these determinations cannot be made by the City Clerk with respect to any application that the Clerk has authority to consider under this subparagraph (c) , the Clerk shall not issue a temporary permit. (d) If for any reason the City Clerk decides not to issue a temporary permit applied for under this Section, the applicant shall be entitled to a hearing before the Liquor Licensing Authority at its next regularly scheduled meeting, at which time the Liquor Licensing Authority shall consider the City Clerk's decision not to issue the temporary permit and it may, in its discretionary authority, either uphold the decision of the City Clerk or reverse it and issue the temporary permit to the applicant. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 1991 , and to be presented for final passage on the 17th day of December, A.D. 1991 . /! or ATTEST: V City Clerk Passed and adopted on final reading this 17th day of December, A.D. 1991 . Ate, ayor ATTEST: City Clerk