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HomeMy WebLinkAboutordinance.council.035-78RECORD OF PROCEEDINGS 100 Leaves M0. (Series of 1978) AN ORDINANCE RELATING TO LIQUOR A~D BEER LICENSING AND THE CONDUCT OF LICENSED PREMISES; REPEALING AND REENACTING CHAPTER 4 OF THE ASPEN MUNICIPAL CODE WHEREAS, the City Council wishes to amend Chapter 4 of the Aspen Municipal Code relating to liquor and beer licensing and the conduct of licensed premises for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Chat Chapter 4 of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: ARTICLE I. LIQUOR LICENSING Section 4-1. Provisions of state law adopted. Che provisions of Colorado Statutes, Article 47, ?itle 12, Colorado Revised Statutes, 1973, as amended, and the pro- visions 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. Section 4-2. License Required. It shall be unlawful for a person to sell, vend, deal in or dispose of, by gift, sale or otherwise, or keep or offer for sale any alcoholic liquors within the city without a license to do so as provided by this Article. RECORD OF PROCEEDINGS 100 Leaves Section 4-3. Application. Every application for a license to sell alcoholic liquors shall state the name of the applicant, his age, representa- tions as to his character, with such references as the Council may require, his citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the Colorado Department of Revenue and shall be verified and filed with the City Clerk. Section 4-6. False statements. It shall be unlawful for any person to make any false statement in an application for a license. Section 4-5. 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 new license, three hundred fifty dollars; (b) for a transfer of location or ownership, one hundred fifty dollars; and (c) for a renewal of license, fifty dollars. Section 4-6. License fees. Each application for a license filed with the City Clerk shall be accompanied by a license fee in the following amounts: -2- RECORD OF PROCEEDINGS 100 Leaves (n) (i) five dollars. if an application for a license is rejected, Clerk shall refund the license fee paid. (a) for a retail liquor store license, one hundred fifty dollars; (b) for a liquor-licensed drug store license, one hundred fifty dollars; (c) for a beer and wine license, with the exception of a beer and wine license issued to a resort hotel, one hundred fifty dollars; (d) for a beer and wine license issued to a resort hotel, two hundred dollars; (e) for a hotel and restaurant license, three hundred twenty-five dollars; (f) for a tavern license, three hundred twenty-five dollars; for a club license, one hundred dollars; for an arts license, one hundred dollars; and for a racetrack license, three hundred twenty- the City Section 4-7 Investigation, hearing, issuance or refusal. The City Council shall cause an investigation to be made of all facts set forth in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall, in its discretion, grant or refuse the application. No license shall be issued until approved by the state licensing authority. Section 4-8. Term. 2ach license shall be issued for a period of one year. -3- RECORD OF PROCEEDINGS 100 Leaves Section 4-9. Transfer. ~iach license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license. Section 4-10. Conditions of license. Every license is subject to all of the provisions of this Article and any other applicable ordinance, state law or regulation. Section 4-11. Licensee's responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell alcoholic liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance and the law equally with the employee. Section 4-12. Suspension and revocation. The Council may either suspend or revoke any license upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic liquor. 17o suspension or revocation shall take effect until the licensee has been afforded an opportunity to be heard. However, any license may be temporarily sus- pended without notice for a period of not more than fifteen days pending any prosecution, investigation, or public hearing. -4- RECORD OF PROCEEDINGS 100 Leaves ARTICLE II. BEER LICENSING Section 4-13. Provisions of state law adopted. ~he 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, distribu- tion, and consumption of fermented malt beverages are adopted and made a part of this Code as if set out in full. Section 4-14. License required. It shall be unlawful for a person to sell, vend, deal in or dispose of, by gift, sale or otherwise, or keep or offer for sale any fermented malt beverages within the license to do so as provided in this city without a Article. Section 4-15. Application. Every application for a license to sell fermented malt beverages shall state the name of the applicant, his age, representations as to his character, with such references as the Council may require, his citizenship, the class of license applied for, the business in connec- tion with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. In addition to containing -5- RECORD OF PROCEEDINGS 100 Leaves such information, the application shall be in the form prescribed by the Colorado Department of Revenue and shall be verified and filed with the City Clerk. Section 4-16. False statements. It shall be unlawful for any person to make any false statement in an application for a license. Section 4-17. Application fee. Each application for a license filed with the City Clerk shall be accompanied by an application fee in the following amounts: (a) (b) (c) Section 4-18. License fees. Each application for a license filed with shall be accompanied by a licensee fee of dollars. If an application for a license for a new license, three hundred fifty dollars; for a transfer of location or ownership, one hundred fifty dollars; and for a renewal of license, fifty dollars. the City Clerk twenty-five is rejected, the City Clerk shall refund the license fee paid. Section 4-19. Investigation, hearing, issuance or refusal. The City Council shall cause an investigation to be made of all facts set forth in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall, in its discretion, grant or refuse the application. ~3o license shall be issued until approved by the state Section 4-20. Term. Each license shall be licensing authority. issued for a period of one year. -6- RECORD OF PROCEEDINGS 100 Leaves Section 4-21. Transfer. Each license shall be issued only to the applicant and for the premises described in the application. [~o license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license. Section 4-22. Conditions of license. Every license is subject to all of the provisions of this Article and any other applicable ordinance, state law or regulation. Section 4-23. Licensee's responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell fermented malt beverages there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance and the law equally with the employee. Section 4-24. Suspension and revocation. The Council may either suspend or revoke any license upon a finding that the licensee has filed to comply with any applicable statute, regulation, or ordinance relating to fermented malt beverages. A license may be summarily suspended for a period of fifteen days or less. However, no suspension for a period in excess of fifteen days or revocation shall take effect until the licensee has been afforded an opportunity to be heard. -7- RECORD OF PROCEEDINGS 100 Leaves ARTICLE III. GENERAL REGULATIONS Section 4-25. Sales prohibited. ~o alcoholic liquor shall be sold or served to any intoxicated person or to any person under twenty-one years of age. No fermented malt beverage shall be sold or served to any intoxicated person or to any person under eighteen years of age. Section 4-26. Consumption prohibited. (a) No person under the age of twenty-one shall be permitted to consume alcoholic liquor on the licensed premises. No person under the age of eighteen shall be permitted to consume fermented malt beverages on the licensed premises. (b) No person licensed to sell fermented malt beverages shall allow the consumption or display of alcoholic beverages on the licensed premises or serve any liquids for the purpose of mixing with alcoholic liquor. The presence of alcoholic liquor on the premises of such a licensee shall be prima facie evidence of possession of alcoholic liquor for the purpose of sale; and the serving of any liquid for the purpose of mixing with alcoholic liquors shall be prima facie evidence that alcoholic liquor is being permitted to be consumed or displayed contrary to this Article. (c) No alcoholic liquor shall be consumed on any licensed premises unless the premises is licensed to sell alcoholic liquor for consumption on the premises. No fermented malt beverage shall be consumed on any licensed premisees unless the premises is licensed to sell fermented malt beverages for consumption on the premises. --8-- RECORD OF PROCEEDINGS 100 Leaves Section 4-27. Employment prohibited. No person under the age of twenty-one shall be allowed or employed to serve alcoholic liquor on any licensed premises. ~o person under the age of eighteen shall be allowed or employed to serve fermented malt beverages on any licensed premises. This section does not prohibit the employment of a person under the age of twenty-one or eighteen respectively for any lawful purpose on the licensed premises other than the service of alcoholic liquor or fermented malt beverages. Section 4-28. Gambling. No gambling or any gambling device shall be permitted on any licensed premises. Section 4-29. Open containers. (a) No person shall carry or have any open container of alcoholic liquor or fermented malt beverage in any vehicle or on any street, sidewalk, alley or other public way or public place or in any public place except in a licensed premises. (b) No person having legal possession of a public place shall allow the possession of open containers in violation of the provisions of paragraph (a) of this section. The furnishing of ice, glasses, containers or of any liquid for the purpose of mixing with alcoholic liquors shall be prima facie evidence that open containers are being allowed contrary to this article. ARTICLE IV. OCCUPATION TAX Section 4-30. Declaration of policy and purposes. The City Council hereby finds, determines and declares that considering the nature of the business of selling at retail fermented malt beverages and alcoholic liquors, -9- RECORD OF PROCEEDINGS 100 Leaves and the relation of such business to the municipal welfare, as well as the relation thereof to the expenditures required of the city and a proper, just and equitable distribution of tax burdens within the city, and all other matters proper to be considered in relation thereto, that the classification of such business as a separate occupation within this chapter is reasonable, proper, uniform and nondiscriminatory and that the amount of tax hereby imposed is reasonable, proper, uniform and nondiscriminatory and necessary for a just and proper distribution of tax burdens within the city. Section 4-31. Classification of operators. ?he business of selling at retail any fermented malt beverages and alcoholic liquor, other than medicinal liquors, is hereby defined and separately classified for the purposes of this chapter as follows: Class "A" Operators. All operators who are licensed to sell alcoholic liquors for consumption on the premises either as hotels or restaurants or taverns shall be class "A" operators. Class "9" Operators. All operators licensed to sell alcoholic liquors only by the drink for consumption on the premises shall be class "B" operators. Class "C" Operators. All operators licensed as retail liquor stores to sell in original containers alcoholic liquors for consumption off the premises shall be class "C" operators. Class "D" Operators. All operators licensed as d'rugstores to sell alcoholic liquors in original containers for consumption off the premises shall class "D" operators. -i0- RECORD OF PROCEEDINGS 100 Leaves Class "E" Operators. Ail operators licensed to sell alcoholic liquors as clubs are class "E" operators. Class "F-l" Operators. All operators licensed to sell fermented malt beverages and who sell the same for consumption on the premises are class "F-l" 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 premises shall be Class "F-2" operators. Section 4-32. Tax levy and assessment. There is hereby levied and assessed an annual occupation tax upon the business of selling fermented malt beverages and alcoholic liquors, except medicinal liquors, in the city, as such occupation has been classified in section 4-31, as follows: (1) For all class "A" operators the sum of $500.00 (2) For all class "B" operators the sum of 400.00 (3) For all class "C" operators the sum of 300.00 (4) For all class "D" operators the sum of 300.00 (5) For all class "E" operators the sum of 200.00 (6) For all class "F-i" operators the sum of 100.00 (7) For all class "F-2" operators the sum of 50.00 Section 4-33. Payment required prior to issuance of license. The tax prescribed in section 4-32 shall be due and payable to the City Clerk at the time the city license shall be issued and such license shall not be issued until the tax is paid in full. -11- RECORD OF PROCEEDINGS 1 O0 Leaves Section 4-34. Revenue receipt. Upon receipt of the tax, paid as required by this article, it shall be the duty of the Director of Finance to execute and deliver to the operator paying the tax, a revenue receipt showing the name of the operator paying the tax, the date of payment, the annual period for which such tax is paid, and the place at which such operator conducts business. Section 4-35. Posting of receipt required. The operator shall, at all times during the year, keep the receipt for the tax paid in accordance with this article posted in a conspicuous place in his place of business. Section 4-36. No refund of tax. No refund of the tax required by this article shall be made by reason of the discontinuance of the business prior to the expiration of a license to sell fermented malt beverages and alcoholic liquors. Section 4-37. Delinquency. Delinquency in payment shall not be a ground for suspension or revocation, nor shall it be considered by the Council upon transfer or renewal. Section 4-38. Recovery of amount due by city. The city shall have the right to recover all sums due by the terms of this article, by judgment and execution thereon in a civil action, in any court of competent jurisdiction. Such remedy shall be cumulative with all other remedies of this article. Section 2 if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such -12- RECORD OF PROCEEDINGS 100 Leaves invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance ~ ~ , 1978, shall be held on at 5:00 P.~[. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. dayof INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the ~ 1 78. . Stacy S~ndley III Mayor ~ ATTEST: Kathryn S. ~och City Clerk passed and approved on the ~/~)day of FINALLY adopted, ATTE ST: kathryn~. Koch City Cl~rk -13- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO COUNTY OF PITKiN SS CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~f,/~-/ reading at a regular meeting of the City ~ouncil of the City of Aspen on ~~5, 197'~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its of ~~, 1978, and was finally adopted issue and approved at a regular meeting of the City Council on ~, 1973, and ordered published as Ordinance No. ~ , Series of 197_~., of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~ , 197~. SEAL Deputy City Clerk