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Home My WebLink Aboutordinance.council.017-93 ',".'.1. ~ 11 ~" , " '. t. ORDINANCE No. 17 (Series of 1993) , AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE CITY LIQUOR CODE BY ADOPTING STANDARDS FOR THE ISSUANCE OF OPTIONAL PREMISES LICENSES AND FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE WHEREAS, the city Council is desirous of extending liquor service to outdoor sports or recreational facilities, and WHEREAS, Section 12-47-135.5, C.R.S., as amended, states that no optional premises license or optional premises for a hotel and restaurant license shall be issued within any municipality unless the governing body has adopted by ordinance standards for the issuance of optional premises licenses or for optional premises for hotel and restaurant license, and WHEREAS, the city of Aspen wishes to adopt such standards: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That section 4.29.1 of Article II of Chapter 4 of the Municipal Code of the City of Aspen be amended by adding new subsections (d) and (e) to read as follows: Section 4.29.1. Definitions. (d) optional Premises means premises located on an applicant's outdoor sports and recreational facility. (e) Hotel and Restaurant License with Optional Premise means premises specified in an application for a hotel and restaurant license with related outdoor sports and recreational facilities, for the convenience of its 1 "t. ~, ..'.... m '\\", ,rl..:' 'll ~ guests or general public located on or adjacent to the hotel or restaurant. section 2 That section 4-15 of Article I of Chapter 4 of the Municipal Code of the city of Aspen be amended as follows: section 4-15. Standards for Optional Premises License. In addition to applicable requirements of the Colorado Liquor Code and regulations adopted thereunder, the following standards for issuance of an optional premises license or for an optional premises for a hotel and restaurant license are adopted: A. Issuance of an optional premises or optional premises for a hotel and restaurant license shall be limited to the following outdoor sports and recreational facilities: l. swimming pools 2. Tennis courts 3. Country clubs 4. Golf courses 5. Ski areas B. Each licensee shall demonstrate to the Liquor Licensing Authority a need for the optional premises. C. Submittal Requirements. When submitting a request for the approval of an optional premises, an applicant shall submit the following information: 1. A map or other drawing illustrating the outdoor sports or recreational facility boundaries and the 2 , ~... \\-c approximate location of each optional premises requested. 2. A legal description of the approximate area within which the optional premises shall be located. 3. A description of the method which shall be used to identify the boundaries of the optional premises when it is in use. 4. A description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises. ~... % '1\~ 5. A description of the provisions that will be made to ensure the liquor laws of the state of Colorado and city of Aspen are being adhered to; including but not limited to control of the premises, checking identification, carrying of alcohol onto the premises. D. Advance notification. Pursuant to section 12-47-135 (6) and (7), C.R.S., as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the State and Local Licensing Authorities forty-eight (48) hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which ii' '.... Ij", the optional premises are to be used. In this regard, 3 f ." ~' . :%;"-: there is no limitation on the number of days which a licensee may specify in each notice. However, no notice may specify any date of use which is more than 180 days from the notice date. E. All optional premises licenses shall be valid for a period of one year from the date of issuance, unless revoked or suspended, and must be renewed annually thereafter. F. Due to the fact that an optional premises license or an optional premises for a hotel or restaurant license may involve greater contact between customers drinking alcoholic beverages and under age persons, the Liquor il".' o t ~'''l! Licensing Authority shall apply the following additional standards prior to the initial issuance of a license or renewal thereof. 1. The Liquor Licensing Authority may require the licensee to post in one or more prominent locations on the licensed premises, signs that are reasonably calculated to prohibit under age drinking on the premises. The language of the notices may be determined by the Liquor Licensing Authority. 2. The liquor Licensing Authority shall determine whether advertisement for alcoholic beverages or malt liquors should be controlled, or, .' , ,~ It. '~,j" al ternati vely, whether they should be prohibi~ed entirely from the licensed premises. 4 I' ~ * ~" it." II \\. "" fi:1' ;~ ~% 0~ 3. An optional premises licensee shall have available for consumption on the premises during business hours sandwiches and light snacks and non-alcoholIc beverages. 4. The Liquor Licensing Authority may require that the licensee show evidence that all managers and servers employed on the premises meet the educational requirements set forth at section 4- 29.2 of this code prior to the issuance or renewal of a license. 5. The Liquor Licensing Authority in determining whether to initially issue or renew a license in accordance with this section shall consider any evidence brought to its attention that the operation of the premises has had, or may have in the future, an adverse effect upon the public health, safety or welfare. The Liquor Licensing Authority may impose such additional requirements or conditions upon the licensee as it may deem reasonably necessary to protect the pUblic's health, safety and welfare. Section 3 That Article I of Chapter 4 of the Municipal Code of the city of Aspen be amended to read as follows: Sec. 4-12. License Application Fees. 5 I'.'.. m \~, il'. !J{ ~Q \\i "'< .~".. ~1 ~" (f) For an optional premise or optional premises associated with a hotel and restaurant facility, three hundred and twenty five dollars ($325.00). section 4 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 6 OAf ~~c_hearing on the ordinance shall be held on the~~ ~ ' 1993 in the city council Chambers, Aspen Hall, Aspen, Colorado. day City INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city '7h~ Council of the city of Aspen on the /~ day of , 1993. 9-L~ Bennett, Mayor ATTEST: city Clerk 6 >> I' ~1. ~ \\\~, w.'........ . '\I" ,.~. 'il, " FINALLY adopted, passed and approved this ~-4{ day of ~ , 1993. I (jf 7. I:;~ John S. Bennett, Mayor ATTEST: 7