HomeMy WebLinkAboutordinance.council.006-92
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ORDINANCE NO. b
(Series of 1992)
AN ORDINANCE AMENDING SECTIONS 4-31 AND 4-32 OF THE ASPEN MUNICI-
PAL CODE AMENDING THE CLASSIFICATIONS OF OPERATORS AND PROVIDING
FOR AN INCREASE IN THE ANNUAL OCCUPATION TAX REQUIRED TO BE PAID
PRIOR TO THE ISSUANCE OF A LIQUOR LICENSE
WHEREAS, the City Council desires to amend section 4-32 of
the Municipal Code to provide that the annual occupation tax
required to be paid to the city prior to the issuance of a liquor
license be raised; and
WHEREAS, the city has not raised the annual occupation tax
since 1988, pursuant to Ordinance No. 50 (Series of 1988); and
WHEREAS, the revenue generated from the occupation tax
offsets, in part, the costs associated with the enforcement of
the liquor code, state statutes pertaining to alcohol related
offenses, and to provide financial support for community servic-
es, such as Tipsy Taxi and the Aspen Substance Awareness Program
("ASAP"), which mitigate the impact of alcohol-related problems;
and
WHEREAS, the Aspen Police Department has determined that a
significant percentage of its annual budget is expended in
responding to alcohol-related requests for service; and
WHEREAS, the City of Aspen desires that those businesses
whose revenues are derived from the sale of fermented malt
beverages or alcoholic liquors pay an annual occupation tax which
reasonably relates to the impacts produced by such sale upon the
City of Aspen, its citizens and guests; and
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WHEREAS, the city council desires to amend section 4-31 of
the Municipal Code to add new classifications of operators to
more equitably distribute the annual occupation tax among differ-
ent classes of operators.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN, COLORA-
DO:
section 1
That section 4-31 of the Municipal Code of the city of
Aspen, Colorado, which section refers to classification of
operators is hereby amended to read as follows:
Sec. 4-31. Classification of operators.
The business of selling at retail any fermented malt bever-
ages and alcoholic liquor, other than medicinal liquors, is
hereby defined and separately classified for the purposes of
this chapter as follows:
Class "A"
alcoholic
hotels or
tors.
All operators who are licensed to sell
consumption on the premises either as
or taverns shall be class "A" opera-
operators.
liquors for
restaurants
Class "A-I" Operators. All operators who are licensed to
sell alcoholic liquors for consumption on the premises as
hotel and restaurants and determined to be "modest estab-
lishments" as hereinafter defined shall be class "A-I"
operators.
Class "A-2" Operators. All operators who are licensed to
sell alcoholic liquors for consumption on the premises
either as hotel and restaurants or taverns and determined to
be "dance cabarets" as hereinafter defined shall be class
"A-2" operators.
Class "B" Operators. All operators licensed to sell beer
and wine only by the drink for consumption on the premises
shall be class "B" operators.
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Class "B-1" Operators. All operators who are licensed to
sell beer and wine only for consumption on the premises and
determined to be "modest establishments" as hereinafter
defined shall be class "B-1" operators.
Class "c" Operators. All operators licensed as retail
liquor stores or as drugstores to sell in original contain-
ers for consumption off the premises shall be class "C"
operators.
Class "D" Operators. All operators licensed to sell alco-
holic liquors as arts shall be class "D" operators.
Class "E" Operators. All operators licensed to sell alco-
holic liquors as clubs shall be class "E" operators.
Class "F-1" operators. All operators licensed to sell
fermented malt beverages and who sell the same for consump-
tion on the premises shall be class "F-1" operators.
Class "F-2" Operators. All operators licensed to sell
fermented malt beverages and who sell the same solely in the
original package or container for consumption off the pre-
mises shall be class "F-2" operators.
Class "F-3" Operators. All operators licensed to sell fer-
mented malt beverages and who sell the same for consumption
on the premises and in the original package or container for
consumption off premises shall be class "F-3" operators.
The words defined below shall have the meanings set forth
below whenever they appear in this chapter.
Dance cabaret means an establishment licensed to sell alco-
holic beverages providing either live or recorded entertain-
ment and space for patron dancing.
Modest establishment means an establishment with a hotel and
restaurant or beer and wine liquor license which has fifty
(50) seats or less, not including outdoor seating, and
twenty percent (20%) or less of its gross revenue derives
from the sale of alcoholic beverages.
section 2
That section 4-32 of the Municipal Code of the City of
Aspen, Colorado, which section levies an occupation tax upon the
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business of selling fermented malt beverages and alcoholic
liquor, is hereby amended to read as follows:
"Sec. 4-32. Tax levy and assessment.
There is hereby levied and assessed an annual occupation tax
upon the business of selling of fermented malt beverages and
alcoholic liquors, except medicinal liquor, in the city, as
such occupation has been classified in section 4-31, as
follows:
(1) For all class "An operators the sum of $1,365.00
(2) For all class "A-I" operators the sum of $ 910.00
(3 ) For all class "A-2" operators the sum of $1,750.00
(4) For all class "B" operators the sum of $ 910.00
(5) For all class "B-1" operators the sum of $ 610.00
(6) For all class ITC" operators the sum of $ 910.00
(7) For all class "D" operators the sum of $ 165.00
(8) For all class "E" operators the sum of $ 350.00
(9 ) For all class "F-l" operators the sum of $ 375.00
(10) For all class "F-2" operators the sum of $ 375.00
(11) For all class "F-3" operators the sum of $ 375.00
For all Class A, B, D and E operators with extended hours
permits (8:00 p.m. to midnight on Sundays and Christmas)
there shall be an additional occupation tax of $275.00.
section 3
This ordinance shall not have any effect on existing litiga-
tion 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 4
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
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provision and shall not affect the validity of the remaining
portions thereof.
section 5
A public hearing on the ordinance shall be held on the ~
day of ~ ' 1992, in the City Council
Chambers, Aspen city Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law
/tJ~day of
by
the~
of the city of Aspen on the
, 1992.
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John S. Bennett, Mayor
AT'l'EST:' "
Kathryn
)I 4t!-L-
Clerk
FINALLY adopted, passed and approved this c2~~day of
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Frank Peters, Mayor Pro Tern
ATTilS1' :
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Kathryn'. Koch, city Clerk
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