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HomeMy WebLinkAboutordinance.council.050-92 ORDINANCE NO. 50 (Series of 1992) 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 AND DELEGATION TO THE CITY CLERK OF THE CITY OF ASPEN CERTAIN DUTIES AND RESPONSIBILITIES OF THE ASPEN LIQUOR LICENSING AUTHORITY RELATIVE TO THE ISSUANCE OF LIQUOR LICENSE RENEWALS, TEMPORARY PERMITS, CHANGING, ALTERING, OR MODIFYING LICENSED PREMISES, AND SPECIAL EVENT PERMITS. WHEREAS, Section 4-1 of the Municipal Code of the City of Aspen has adopted and made a part of the Municipal Code the provisions of the Colorado Liquor Code, Section 12-47- 101, et seq., C.R.S., and the Colorado Beer Code, Section 12-48-101, et seq., C.R.S.; and WHEREAS, Sections 12-46-117 and 12-47-135, C.R.S., authorize the Aspen Liquor Licensing Authority to issue licenses to manufacture or sell fermented malt beverages as provided by the Colorado Beer Code and alcoholic beverages as provided by the Colorado Liquor Code; and WHEREAS, Sections 12-46-106.5 and 12-47-106.5, C.R.S., give the Aspen Liquor Licensing Authority the discretionary authority to issue a temporary permit to the transferee of a fermented malt beverage license or any class of liquor licensee, which permit shall allow the transferee to continue selling fermented malt or alcoholic beverages during the period in which an application for transfer of ownership of an existing license is pending; and WHEREAS, Sections 12-46-106.5(3)and 12-47-106.5(3), C.R.S. require that if the local licensing authority grants a temporary permit it must do so within three (3) working days after the receipt of the application for the permit; and WHEREAS Sections 12-46-103(4) and 12-47-103(9), C.R.S., authorize the Aspen City Council to designate itself or any other entity to serve as the local licensing authority; and WHEREAS, the Aspen Liquor Licensing Authority has recommended the delegation of certain of its authority to the City Clerk in specific circumstances; and WHEREAS, the City Council believes that a delegation of authority as set forth herein is appropriate and necessary for the efficient determination and processing of various types of applications before the Aspen Liquor Licensing Authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Articles I and II of Chapter 4 of the Municipal Code of the City of Aspen are hereby repealed in their entirety; that Articles III and IV are hereby renumbered as Articles II and III respectively; and, that a new Article I be added to read as follows: ARTICLE I. BEER AND LIQUOR LICENSING Sec. 4-1. Legislative Intent. The purpose of this Chapter is to protect the public health, safety and welfare by requiring all persons to be licensed by the City to sell or offer for sale any liquor or3.2 beer. The City Council intends that the City issue local licenses for sale of such beverages, as authorized by state law, and that the City's licensing requirements be consistent with those for state licenses under state law. Sec. 4-2. State Liquor Code Adopted. The provisions of Colorado Statutes, Article 47, Title 12, Colorado Revised Statutes, 1973, as amended, and the provisions of Colorado Rules and Regulations adopted under the authorization granted by the provisions of Section 12-47-105, Colorado Revised Statutes, 1973, as amended, relating to the definition of terms, licensing, sales, hours of sale, records, inspection, unlawful acts, and all other matters pertaining to the retail sale, distribution, and consumption of alcoholic liquors are adopted and made a part of this Code as if set out in full. At least one (1) copy of the State of ColOrado Liquor Code and all rules and regulations promulgated pursuant thereto shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be available for inspection during regular business hours. 2 Sec. 4-3. State Beer Code Adopted. The provisions of Colorado Statutes, Article 46, Title 12, Colorado Revised Statutes, 1973, as amended, and the provisions of Colorado Rules and Regulations adopted under the authorization granted by the provisions of Section 12-46-105, Colorado Revised Statutes, 1973, as amended, relating to the definition of terms, licensing, sales, hours of sale, records, inspection, unlawful acts, and all other matters pertaining to the retail sale, distribution, and consumption of fermented malt beverages are adopted and made apart of this Code as if set out in full. At least one (1) copy of the State of Colorado Beer Code and all rules and regulations promulgated pursuant thereto shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be available for inspection during regular business hours. Sec. 4-4. Aspen Liquor Licensing Authority. (a) The City of Aspen Liquor Licensing Authority shall consist of the five members of City Council. The Mayor of the City of Aspen shall serve as the chair of the Authority. (b) The City Clerk of the City of Aspen shall serve as secretary of the Authority. (c) The City Attorney may act as the legal advisor to the Authority and represent the Authority and the City in all proceedings before the Authority and in all courts where any decision of the Authority is appealed. The City Council may appoint special counsel to serve as the Authority's legal advisor on a case-by-case basis. (d) The Authority's functions shall be: (1) To grant or refuse applications for licenses to sell malt, vinous, or spirituous liquor and fermented malt beverages; (2) To conduct investigations; (3) To suspend or revoke such licenses for cause; (4) To perform all other acts or duties required to carry out the purposes of the state and City liquor and fermented malt beverage licensing laws; (5) To perform all other responsibilities that the Council may delegate to it; an d, (6) To delegate as many of its functions as it deems appropriate to the City Clerk. Sec. 4-5. City License to Sell Required. (a) No person shall sell or offer for sale any malt, vinous, or spirituous liquor in the City without first having obtained a City license therefor under the provisions of this chapter and laws of the State of Colorado, in addition to any other license required by the state. (b) No person shall sell or offer for sale any fermented malt beverages without first having obtained a City license therefor under the provisions of this chapter and the laws of the State of Colorado, in addition to any other license required bythe state. (c) Nothing in this code shall be deemed to require a person to obtain a separate City license in order to sell or offer for sale any malt, vinous, or spirituous liquor or fermented malt beverage pursuant to a special event permit issued by the State of Colorado. Sec. 4-6. Authority to Issue City Licenses. (a) An applicant for a City or state license under this chapter shall apply therefor to the City Clerk on forms provided by the City Clerk. (b) The Authority may issue any type of license set forth at Sections 12-47-135 and 12-46-117, C.R.S. (c) In order to qualify for a City license under.this chapter, an applicant must meet all conditions for the issuance of the parallel state license prescribed by the Colorado Liquor Code, for malt, vinous, and spirituous liquors, and the Colorado Beer Code, for fermented malt beverages, except that the fees for a City license are those prescribed by Section 4-21 of this Code. Sec. 4-7. State Law Procedures Apply. Except as may be amended by this Article, provisions of the Colorado Liquor Code and the Colorado Beer Code governing procedures for applications, hearing, and decisions for state liquor or fermented malt beverages shall apply for City licenses. Sec. 4-8. Term and Renewal of Licenses. (a) The term of the City license issued under this chapter is twelve months from the date of issuance. (b) Applicants for state and city license renewal shall apply to the City Clerk on or before the forty-fifth day prior to the date of expiration of the license. (c) Upon receipt of a completed application for a license renewal, the City Clerk shall refer the application to the following City departments: Aspen/Pitkin 4 Environmental Health Department, City of Aspen Utility Department, City of Aspen Police Department, and the Aspen Fire Protection District. If the referral comments received by the City Clerk do not adversely reflect upon the applicant's license, the City Clerk shall approve the renewal application forthwith. The City Clerk shall notify the authority of all such administrative renewals at its next regularly scheduled meeting. (d) If for any reason the City Clerk decides not to approve a renewal application, she shall place the matter on the agenda of the next regularly scheduled meeting of the Aspen Liquor Licensing Authority at which time the Authority shall grant the renewal, order further staff investigation, or order a heating in accordance with state law. Sec. 4-9. Temporary Permit. (a) The Aspen Liquor Licensing Authority may, in accordance with the provisions of Sections 12-46-106.5 and 12-47-106.5, C.R.S. issue a temporary permit to a transferee of a fermented malt beverage license issued by the State licensing authority pursuant to the Colorado Beer Code or any class of liquor license issued pursuant to the Colorado Liquor Code. Such temporary permit shall authorize a transferee to sell fermented malt or alcoholic beverages in accordance with either Section 12-46-106.5 or 12-47-106.5, C.R.S. scheduled of the Aspen Liquor Licensing Authority (b) If the next regularly meeting will not be held within three (3) working days of the receipt by the City Clerk of an application for a temporary permit under this section, the City Clerk shall issue the temporary permit requested by such an application provided the City Clerk first determines the following: (1) That the applicant is in compliance with all applicable provisions of Sections 12-46-106.5 and 12-47-106.5, C.R.S.; and (2) That a preliminary background check conducted by the Aspen Police Department of the applicant and its officers, directors, and owners having a five percent (5%) or more ownership interest, indicates that such persons have not been convicted of a felony or an offense involving moral turpitude. If either of the above determinations cannot be made by the City Clerk with respect to any application under this subparagraph (b), the Clerk shall not issue a temporary permit. (c) If for any reason the City Clerk decides not to issue a temporary permit applied for under this section, the applicant shall be entitled to a hearing before the Aspen Liquor Licensing Authority at its next regularly scheduled meeting, at which time the Aspen Liquor Licensing Authority shall consider the City Clerk's decision not to issue the temporary permit and it may, within its discretion, either uphold the 5 decision of the City Clerk or reverse it and issue the temporary permit to the applicant. Sec. 4-10. Temporary Licenses. (a) Pursuant to Section 12-47-106(1)(b.5), C.R.S., any licensee whose license expires may, upon the filing of an application for a permanent annual alcoholic beverage license and upon payment of all applicable fees relating thereto, also apply for a temporary license to allow continued operation of the licensed premises under the same terms and conditions as provided in the expired license. Such application shall be made no later than ninety (90) days after the expiration of the permanent annual license. 0o) The City Clerk may approve an application for a temporary license when the expiration of the preexisting license resulted from the licensee's inadvertent fail- ure to make application for renewal, or any administrative error or mistake. (c) If for any reason the City Clerk decides not to issue a temporary license applied for under this section, the applicant shall be entitled to a hearing before the Aspen Liquor Licensing Authority at its next regularly scheduled meeting. (d) A temporary license shall be valid until the licensee's application for a regular annual license has been processed and approved or denied by the Authority and the state licensing authority, except that in no event shall such license be valid for more than one hundred twenty days. (e) The City Clerk shall notify the authority of the approval of all temporary licenses at its next regularly scheduled meeting. 4-11. Modification of Premises. (a) No licensee may physically change, alter or modify the licensed premises from that shown in the plans and specifications submitted at the time the licensee obtained its original license until written approval to do so has been received from the Aspen Liquor Licensing Authority and the state licensing authority. (b) Requests for changes, alterations or modifications of the licensed premises shall be on such forms as are provided by the state licensing authority and, in addition, on such forms as may be provided by the City, if any. The request shall be filed with the City Clerk. (c) If the City Clerk finds that the proposed modification does not substantially fall within the meaning of Colorado Department of Revenue Regulation 47-106.2A, she shall forthwith grant the request. The City Clerk shall notify the authority of all such approved modifications at its next regularly scheduled meeting. If the City Clerk cannot make this determination, she shall not grant the request and shall cause the request to be placed on the agenda of the Authority for their next regularly scheduled meeting. 4-12. Change of Location. (a) No license issued by the Aspen Liquor Licensing Authority shall be transferred to another location howsoever proximate without the approval of the authority. (b) Applications for permission to change the location of the licensed premises shall be made with the City Clerk. Sec. 4-13. Transfer of Ownership. (a) No license granted under the provisions of this Chapter shall be transferrable without the approval of the Aspen Liquor Licensing Authority. (b) Applications for permission to transfer ownership of a license shall be made with the City Clerk. Sec. 4-14. Manager's Registration Required. (a) Whenever required by the Colorado Beer Code or the Colorado Liquor Code, licensees shall designate and register managers with the Aspen Liquor Licensing Authori[y by filing an application with the City Clerk. (b) Upon receipt of a completed application to register a new manager, the City Clerk shall refer the application to the City of Aspen Police Department for a background investigation of the proposed manager. If there is no probable cause to believe that the proposed manager is not of good moral character and reputation, the City Clerk shall approve the application forthwith. The City Clerk shall notify the Authority of all such administrative approvals of new managers at its next regularly scheduled meeting. If the City Clerk is unable to administra- tively approve the registration of the new proposed manager, he or she shall place the matter on the Authority's agenda for its next regularly scheduled meeting. Sec. 4-15 - 4-19. Reserved. Sec. 4-20. Special Event Permit. (a) All applications for a special event permit pursuant to Section 12-48-101, et seq., C.R.S. shall be filed with the City Clerk at least thirty (30) days prior to the date of the special event. (b) Upon receipt of a completed application for a special event permit, the City Clerk shall refer the application to the following City departments: Aspen/Pitkin Envi- ronmental Health Department, City of Aspen Police Department, and Aspen Fire Protection District. If the City Clerk determines that the applicant is eligible for 7 a special event permit in accordance with Sections 12-48-101, et se~[., C.R.S. and the referral comments do not indicate that issuance would be injurious to the pu- blic welfare by reason of the nature of the special event, its location within the community, or the failure of the applicant in a past event to conduct such event in compliance with applicable laws and regulations, the City Clerk shall grant the permit forthwith. The City Clerk shall notify the Authority of all such admin- istrative approvals of special events permits at its next regularly scheduled meeting. If the City Clerk is unable to administratively approve the special events permit, he or she shall place the matter on the Authority's agenda for its next regularly scheduled meeting. Sec. 4-21. License Application Fees. Each application for a license filed with the City Clerk shall be accompanied by an application fee in the following amounts: (a) For a 3.2 percent beer permit, ten dollars ($10.00); (b) For a special event permit, twenty five dollars ($25.00); (c) For a new license, three hundred fifty dollars ($350.00); (d) For a transfer of location or ownership, one hundred fifty dollars ($150.00); and (e) For a renewal of license, fifty dollars ($50.00). Sec. 4-22. Annual License Fees. Annual license fees shall be paid to the City as provided by state law. Annual license fees shall be paid in advance and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. The fees shall be in addition to any annual license fees required to be paid to the state. Sec. 4-23 - 4-24. Reserved. Section 2 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. 8 Section 3 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 4 A public hearing on the ordinance shall be held on the/t> day of ~--~ 1992, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~'Tday of ~ , 1992. Jo~hn S .~en~e~tt~ ATTEST: Kathryn Sfi4~och, City Clerk FINALLY adopted, passed and approved this/a:, day of {-'~'~*'~ , 1992. · Bennett, Mayor ATTEo ~ ~amryn ~.~ocn.~ y