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HomeMy WebLinkAbout021 - 03/07/2000 - AMENDING CITY CODE TO DESIGNATE THE MUNICIPAL JUDGE AS THE LIQUOR AND MASSAGE LICENSING AUTHORITY ORDINANCE NO. 21, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 3 AND 16 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE DESIGNATION OF THE LIQUOR AND MASSAGE LICENSING AUTHORITY WHEREAS, the Fort Collins Liquor and Massage Licensing Authority ("Authority") is charged with the duty and authority to grant and deny liquor and massage licenses within the City of Fort Collins, to conduct show cause hearings and impose penalties upon such licensees, and to exercise those additional powers set forth in the Colorado Liquor and Massage Parlor Codes; and WHEREAS, in fulfilling the above functions,the Authority must frequently conduct quasi- judicial hearings and, on occasion, must determine whether licensees have violated state or local laws and regulations pertaining to the conduct of their establishments,and upon a determination that such violations have occurred, impose sanctions upon the licensees; and WHEREAS, the training of Authority members is technical in nature and calls for a knowledge of legal principles to be applied to the decision-making of the Authority; and WHEREAS,the current Authority is a volunteer citizen board composed of seven members serving four-year terms,which means that new Authority members must receive extensive training regarding the areas of law applicable to their duties as members of the Authority; and WHEREAS, the periodic turnover of Authority members can affect the consistency of the Authority's decisions with regard to alleged misconduct on the part of licensees and the sanctions to be imposed for violations; and WHEREAS, the Municipal Judge is a licensed attorney who regularly conducts judicial hearings, makes determinations about citizens' compliance or noncompliance with local laws and imposes sanctions upon those persons who are found to have violated the law; and WHEREAS, the Council Health and Safety Committee has considered the question of whether the duties and functions of the Authority should be transferred to the Municipal Judge and has concluded that such transfer of responsibility would likely result in more consistent decision- making on the part of the Authority; and WHEREAS, the City Council believes that appointing the Municipal Judge to serve as the Authority for the City would be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of"Party-in-interest"within Section 3-1 ofthe Code of the City of Fort Collins is amended by deleting subparagraph(4) of said definition as shown: See. 3-1. Definitions. Party-in-interest shall mean: (1) Any party-in-interest as defined in Section 12-47-311(5)(b), C.R.S.; (2) Any representative of a bona fide organized neighborhood group which encompasses part or all of the neighborhood under consideration; or (3) Any member of the city staff,including but not limited to the City Manager, the City Attorney or the Chief of Police or representative thereof. Section 2. That Section 3-32 of the Code of the City of Fort Collins is repealed and reeacted to read as follows: Sec. 3-32. Composition. The local licensing authority for the City of Fort Collins shall be the Municipal Judge. Section 3. That Sections 3-34 and 3-36 of the Code of the City of Fort Collins are hereby repealed in their entirety. Section 4. That Section 16-17 of the Code of the City of Fort Collins is amended to read as follows: Sec. 16-17. Composition. The authority shall be the Liquor Licensing Authority as set forth in §3-32. Section 5. That Sections 16-19 and 16-21 of the Code of the City of Fort Collins are hereby repealed in their entirety. Section 6. That Section 16-36 of the Code of the City of Fort Collins shall be amended as follows: See. 16-36. Application. Application for a license shall be made on forms prepared and furnished by the city. The information required of an applicant shall be established by resolution of the City Council.The City Clerk shall issue all licenses granted by the authority upon receipt of such license fees as are required by law. Applications for massage parlor licenses shall be filed with the City Clerk. Section7. That the provisions of sections 3-1,3-32,3-34,3-36, 16-17, 16-19, 16-2 1, and 16-36,as they existed immediately prior to the adoption of this ordinance, shall remain in full force and effect until 12:01 a.m. April 1, 2000. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2000, and to be presented for final passage on the 7th day of March, A.D. 2000. Mayor ATTEST: IMLWIA A .'OAA City Clerk Passed and adopted on final reading this 7th day of March, A.D. 2000� `Mayor ATTEST: 4 ,L�cIC LEI rS City Clerk/C/jie/ Jelw6h.