HomeMy WebLinkAbout1974-016-02/07/1974-APPROVING AUTHORIZING AND CONFIRMING AMENDMENTS TO THE RULES AND PROCEDURES RELATING TO THE ISSUANCE RESOLUTION 74-16
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING, AUTHORIZING AND CONFIRMING AMENDMENTS
TO THE RULES AND PROCEDURES RELATING TO THE
ISSUANCE OF 3 2 BEER LICENSES AND LIQUOR LICENSES
RECOMMENDED BY THE LIQUOR LICENSING AUTHORITY
WHEREAS, heretofore the City Council adopted certain rules and
regulations relating to the issuance of liquor licenses and 3 2 beer
licenses, which regulations are set forth. in Chapter A123 of the Code
of the City of Fort Collins, and
WHEREAS, since such time the City Council has established the
Liquor Licensing Authority which now has jurisdiction over such licenses,
and
WHEREAS, said Authority has requested that the City Council
approve amendments to said rules and regulations and the Council desires
to approve the same
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS
Section 1 The Council hereby recognizes that the Liquor
Licensing Authority has the power, subject to confirmation by the
City Council, to amend and change the rules and regulations referred
to above
Section 2 The following changes to such rules and regulations
made by the Liquor Licensing Authority are hereby accepted and approved
A Amend Section A123-3 of the Code of the City of Fort Collins
to read as follows:
"Section A123-3, Procedures Preliminary to Hearing
"D The City Manager shall report to the Licensing Authority
the result of his investigation as soon as possible and in
any event, at least three weeks prior to the date set for
hearing on the license application The City Manager shall
further report at such meeting on the number and type of
liquor outlets within one mile in any direction of the
proposed location and shall recommend to the Authority the
boundaries to be established for the neighborhood which
would be served by the proposed license Based upon such
report and any other evidence which the Licensing Authority
may consider, the Authority shall make its determination
in writing as to whether or not the application for a
license shall be received and acted upon The result of
such determination shall be furnished to the applicant
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and any other interested party At such time the Authority
shall further determine the boundaries of the neighborhood
to be served by the proposed license and shall hear evidence
from any interested party as to the setting of such boundaries
At such time the Authority shall direct the City Clerk to
comply with the notice provisions as herein contained and
at the time of final hearing the Local Licensing Authority
shall make a determination as to the accuracy of such
publication and posting At the hearing the Local Licensing
Authority shall further make a preliminary determination as
to the qualifications of the applicant regarding his character,
reputation, citizenship and other matters applicable All
determinations at the preliminary hearing will be subject
to change in the event further evidence i.s introduced at
the heftring "
B Amend Section A123-6 of the Code of the City of Fort Collins
by adding to paragraph D the following sentence
"A transfer fee of fifty dollars ($50 ) shall be deposited with
the application, the same to cover the work of investigation
and review by the City Clerk and Police Department "
C Amend Section A123-11 of the Code of the City of Fort Collins,
subsections G, H, L, N, 0 and P, as follows
"Section A123-11, New Licenses, Policies and Procedures
"G All applications shall be filed with the City Clerk and
upon receiving the same, the City Clerk shall cause a
preliminary hearing on the application to be set on the
agenda for a Liquor Licensing Authority meeting to be held
no less than eleven (11) nor more than thirty (30) days
after the receipt of the application The City Clerk
shall further submit copies of the application, with all
exhibits thereto, to the City Attorney and the Police
Department The City Clerk shall further advise the
applicant of the date for preliminary hearing, and the
applicant shall appear at such hearing At the preliminary
hearing, the Liquor Licensing Authority shall determine
whether the application is in compliance with the require-
ments of law, and if it so complies, the Liquor Licensing
Authority shall set a date for hearing the application and
may impose special requirements on the applicant not incon-
sistent with this resolution, the ordinances of the City or
state law
"H The Liquor Licensing Authority hereby determines and estab-
lishes that the immediate neighborhood most likely to be
affected in connection with the fermented malt beverage
license is an area two thousand (2,000) feet in each
direction from the address of the applicant, squared to
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the nearest street and to include both sides of the streets
which are indicated as the boundaries In the event that
the proposed location is such that the aforedefined neigh-
borhood does not appear reasonable, the Liquor Licensing
Authority shall at the preliminary hearing set the boundaries
of the neighborhood The applicant shall be presumed to
have agreed to the boundaries so established unless he
shall file a written protest as *o such boundaries with
the Authority not less than five (5) days after the date
of the preliminary hearing
"L (2) The Authority may at the public hearing limit the
presentation of evidence and cross-examination, so as
to prevent repetitive and cumulative evidence or exam-
iAat3on
"N The Liquor Licensing Authority may make such independent
investigation as it deems necessary or advisable in connection
with any application for a license
110 Before entering any decision approving or denying any
application, the Liquor Licensing Authority shall consider
the facts and evidence obtained as the result of the investi-
gation, as well as any other facts presented at the hearing
or obtained as a result of an independent investigation by
the members of the Authority, the reasonable requirements of
the neighborhood for the type of license for which the applica-
tion has been made, the number, type and availability of other
licensed outlets located in or near the neighborhood under
consideration, and any other pertinent matters affecting the
qualifications of the applicant for the conduct and the type
of business proposed
"P The decision of the Authority approving or denying the
application shall be in writing, stating the reasons there-
for, and shall be announced within thirty (30) days after
the date of the public hearing A copy of such decision
shall be sent by certified mail to the applicant at the
aadress as shown on the application "
t
D Amend Section A123-12 of the Code of the City of Fort Collins,
subsections C, H, I and J thereof, as follows
"Section A123-12, Change of Ownership of Licensed Premises
"C In the case of the transfer of ten percent (100) or more
of the capital stock of any corporation holding a license,
such change shall be reported not less than ten (10) days
prior to such transfer, and approval shall be obtained
from the Liquor Licensing Authority before such transfer
is made
"H A transfer fee of Ffifty dollars ($50 ) shall be deposited
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with the application, the same to cover the work of investi-
gation and review by the City Clerk and Police Department
"I This type of change does not require a public hearing to be j
conducted by the Liquor Licensing Authority, but must be
presented to the Liquor Licensing Authority for recommendation
to the State Licensing Authority It shall not be necessary l
to post notice on the premises nor to publish legal notice
of the proposed transfer in connection with this type of
change ,
I
"J No preliminary hearing shall be held in connection with this j
type of application, but the City Clerk, upon receiving such
application, shall set the matter for hearing on the agenda j
of the Liquor Licensing Authority at a date not less than c
eleven (11) days nor more than thirty (30) days from the
date of receipt of the application "
E Amend Section A123-13 of the Code of the City of Fort Collins,
subsections B and C thereof, as follows
"B The polices and procedures for such change of licensed
premises shall be the same as those set forth in §A123-11
hereof, except information and investigation regarding
the applicant shall not be required The application fee
of three hundred dollars ($300 ) shall be charged provided,
however, that in the case of an enlargement of the premises
amounting to an increase in size of the premises not I
exceeding twenty-five percent (25%) of the original
licensed premises, the fee charged shall be twenty dollars '
($20 ) , and the publication and posting of the premises
and the services of a reporter at the hearing shall not
be required, unless otherwise ordered by the Liquor
Licensing Authority
11 a
C Applications for change under this section shall be made �
on forms to be provided by the City, and application shall
be filed with the City Clerk as in applications under
§A123-11 hereof "
t Passed and adopted at a regular meeting of the City Council
held this 7th day of February, A D 1974
ATTEST Mayor
Y \
City Clerk
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