HomeMy WebLinkAboutordinance.council.048-99
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ORDINANCE NO. 4t " SERIES OF 1999
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENI;)ING
SECTION 5.04.040(a), REGARDING THE ASPEN LIQUOR LICENSING
AUTHORITY'S TERMS FOR MEMBERS BY INCREASING THE
TERM FROM TWO YEARS TO FOUR YEARS
AND BY PROVIDING FOR AN ALTERNATE MEMBER
WHEREAS, Section 5.04.040(a) of the Aspen Liquor Licensing Authority currently
provides for a two year term, and
WHEREAS, Section 5.04.040(a) of the Aspen Liquor Licensing Authority currently
provides that "Ndperson shall serve or continue to serve as Ii member of the Aspen
Liquor Licensing Authority for more than two consecutive terms," and
WHEREAS, because of the inability of Council to find qualified members and the
desire of Council to increase the length of terms, and
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WHEREAS, City Council believes that the appointment of a member should be for
a period 6ffour (4) years and that nopei'son should serve more than two consecutive'
terms "unless qualified replacement members are unavailable," and
WHERAS,'the Aspen Liquor 'Licensing Authority currently has no alternate member,
and
" WHEREAS, Council finds that the addition ofim alternate member will make the
requirement of a quorum .easier to meet, and,
WHEREAS, City Council finds that the amended ordinance is in the best interests of
the Aspen Liquor Licensing Authority and the City of Aspen.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
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Section 1.
That Section 5.04.040(a) of the Aspen Municipal Code is bereby repealed in its entirety
and is reen.acted to read as follows:
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(a) Members; Appointment; Term; Compensation; Vacancies
(i) The City of Aspen Liquor Licensing Authority shall consist of five (5) members
and ontJ (1) alternate member, all of whom shall be appointed by the City Council to
serve without compensation. The alternate member shall vote only in the absence, <if one
or more regular members. Members of the Authority shail be qualified electors and
residents of the City of Aspen for at least two (2) years prior to appointment. In the event
that any member is 1).0 longer a qualified elector or is convicted of a felojlY or an offense
involving moral turpitude while in office, the City Council shall terminate the
appointment of such person as a member of the Authority.
(ii) Appointments by the City Council shall be for a four (4).year term commencing
on the first day of January and expiring on the thirty-first day of December at the
completion of the member's term. Initial appointments shall be made as soon as practical
, and shall specify the term of office of each individual in order to achieve overlapping
tenure. I
(iii) No person, except an alternate, shall serve or continue to serve as a member of
the Aspen Liquor Licensing Authority for more than two consecutive four (4) year terms,'
unless qualified replacement members are unavailable. Further, no person shall serve or
continue to, serve asa member ,of the A,uthority if that persin. or any member of his
immediate family shall or may hereafter obtain any financial interest in the operation of
any business issued a license relating to the sale or dispensation of fermented malt
.beverages or alcoholic beverages pursuant to Articles 46 or 47 of Title 12, "C<?lorado ,
Revised Statutes, as amended., '
(iv) Vacancies created by death, resignation, or disqualification ofa member of the
Authority shall be filled by appointment of the City Council and such appointments shall
be for the remainder of the unexpired term. When a regular member resigns, the alternate
member shall automatically be appointed as a regular member in replacement.
(v) All me~bers of the Authority shall be subject to removal by the City Council.
Section 2.
Effect on past or present members: ~y past or present member may serve an additional
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full four year term once hislher present tentl Ilxpires and be eligible for continued
membership thereafter if "qualified replacement members are unavailable."
Section 3.
. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for, any
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, reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof. '
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r, Section 4.
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinance
amended herein, ~dthe same shall be conducted and concluded under ~uch prior
ordinance.
Section 5.
A public hearing on the ordinance shall be held on the f#1day of fk~, 1999,
at 5;00 p.m. in the City Council Chambers, ASpen City Hall, 130 South Galena, Aspen,
Colorado.
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INTRODUCED AND READ as provided by law by ~e City Council of the City of
Aspenonthe~dayof ~.r' ,1999.
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'ATTEST:-
FINALLY adopted, passed, and a~prOVed this ~ay of Jb.vtMb.tv
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,1999.
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. ATTEST: .
Kathryn S.
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