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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 z 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 -2- 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 -3- 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 -4-