HomeMy WebLinkAbout173 - 12/20/2011 - AMENDING THE CITY CODE CONCERNING THE ISSUANCE OF SPECIAL EVENT PERMITS BY THE LOCAL LICENSING AUTHO ORDINANCE NO. 173, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
CONCERNING THE ISSUANCE OF SPECIAL EVENT PERMITS BY
THE LOCAL LICENSING AUTHORITY
WHEREAS,the Colorado General Assembly adopted Senate Bill 11-066,which took effect
August 10, 2011, and which allows a local licensing authority to elect to assume sole authority to
approve or deny applications for special event permits to serve alcohol; and
WHEREAS,prior to this statutory change,local authorities were only authorized to approve
applications for special event permits and to then submit those approved applications to the State
Liquor Enforcement Division for final approval and issuance; and
WHEREAS, staff recognizes the benefit to applicants in allowing the local licensing
authority to approve special event permit applications locally without obtaining State approval; and
WHEREAS, staff believes that the current application process provides an extensive and
complete review of each special event permit application submitted to the City Clerk's Office;and
WHEREAS,staff believes it would be in the best interest of the City to exercise local control
over special event liquor permitting allowed by Senate Bill 11-066; and
WHEREAS, in addition to exercising local control over special event liquor permits, staff
also recommends increasing the application fee for a special event liquor permit per day from$25.00
to $50.00 to help defray some of the costs associated with the local application process; and
WHEREAS,said fee increase diverts the fee previously paid to the State($25 per day for the
malt, spirituous, and vinous liquor and $10 per day for 3.2% beer) to the City, resulting in no net
increase for malt,vinous and spirituous liquor permit applicants and a 60%increase in fees for 3.2%
beer permit applicants; and
WHEREAS,the costs associated with processing the two types of special event permits are
the same, regardless of the type of permit issued, and generally exceed the proposed fee of$50 per
day of permitted event; and
WHEREAS,the City Council believes that it would be in the best interests of the City to both
exercise local control over special event liquor permitting, and to increase the application fee for a
special event liquor permit to $50.00 per day of the permitted special event.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 3-16 of the Code of the City of Fort Collins is hereby amended
to be read as follows:
Sec. 3-16. City Clerk duties.
The City Clerk shall:
(5) Process all applications for temporary, art gallery and bed and breakfast
permits on behalf of the Liquor Licensing Authority pursuant to § 3-83.
(8) Process all applications for special event permits on behalf of the Liquor
Licensing Authority pursuant to Section 3-83.5.
Section 2. That Section 3-74 of the Code of the City of Fort Collins is hereby amended
to be read as follows:
Sec. 3-74. Application fees.
(a) Application fees shall be payable to the City as follows:
(7) Special events permit (per day) ................ 50.
Section 3. That Chapter 3, Article III of the Code of the City of Fort Collins is hereby
amended by the addition of a new section 3-83.5 which reads in its entirety as follows:
Sec. 3 -83.5 Special Event Permit.
(a) The City Clerk may, pursuant to Section 12-48-101 et seq., C.R.S, and the
Colorado Code of Regulations 1 C.C.R. 203-2, 47-1000 through 47-1020, approve
an application for a special event permit for the sale,by the drink only,of fermented
malt beverages, or of malt, spirituous, or vinous liquors to qualified organizations
and political candidates. Such special event permit shall authorize a permittee to sell
such alcohol beverages at the location and for the duration of,time specified on the
issued permit.
(b) If the City Clerk receives an objection to the issuance of a special event
permit from one or more parties in the designated neighborhood as determined by the
City Clerk's Office, the matter will be scheduled for a hearing before the Authority
at its next regularly scheduled meeting, at which time the Authority shall consider
any and all objections,and it may,pursuant to Section 12-48-101 et seq., C.R.S. and
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the Colorado Code of Regulations 1 C.C.R. 203-2,47-1000 through 47-1020,either
approve or deny the special event permit application.
(c) If the City Clerk decides to deny the application for a special event permit
applied for under this Section, and the applicant wishes to contest the denial, the
applicant shall be entitled to a hearing before the Authority at its next regularly
scheduled meeting,at which time the Authority shall consider whether the City Clerk
properly applied the law pursuant to Section 12-48-101 et seq., C.R.S. and the
Colorado Code of Regulations 1 C.C.R. 203-2, 47-1000 through 47-1020, and
whether to uphold the decision of the City Clerk or overturn it and approve the
special event permit application.
Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
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Passed and adopted on final reading on the 20th day of December, A.D. 2011.
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