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Home My WebLink Aboutresolution.council.005-66 RESOLUTION RE ESTg~$-T-_c~iE~T OF ~ LIQUOR LICI~SE II/%m. STIC~TIiIt ~OARD I~REA~, the City Council of the City of Aspen is the liquor licensing authority for the City of Aspen, Colorado; snd 14HEREAS, the investi§ation of the qualifications of applicants for liquor licenses hs~ p~oved ttme-consumin§ and burdensome %o said City Council; and %/HEREAS, the City Council of the City of .~mpen desiz~s ~o establish a board of three persons for the purpose of carrying out inYestigations of all applicants for liquor licenses of any kind in the City of Aspen; NOW TrlBREFOR~, BE IT RF~OLVED by the City Co~mcil of the City of ASpen, Co lo ~ado s 1. That there is hereby created the City of Aspen Liquor License Investigation Board. 2. That the initial mea~rs of said Liquor License Investigation Board shall be~ Bill Tha~p, Chairman Mike Craft i sh t%ggy Clifford 3. That persons selected for this commission shall assume their positions it=aediately upon acceptance of same. 2. That the Liquor License Investigation Board shall have the following duties in respect to each application for a liquor license (includes retail liquor store license, hotel-restaurant license, drug store license, beer and wine license, and club license) or fez~ented malt beverage license (3.2 beer license); and change of location or ownership thereof~ (a) ,'~¢ Board shall investigate and gather facts regarding the character, reputation, citizenship and residence of the licensee; end, if the licensee is a corporation, th~ character and reputation of the officers, directors, s~ockholdcrs and members of such corporation owning move than a ten p~rcent interest therein. (b) The Board shall gather facts regarding the qualifications of the applicant for the conduct of the type of business proposed, including the financial qualifications of the applicant, and the Board may require such proof and statc~.ents of financial ability as it deems necessary, including personal end business credit ratings; end may require the applicant %o furnish copies (o) (d) (e) -2- (ii) (iii) of its articles of incorporation or certificate of partner- ship~ and may require the applicant to furnish information concerning the financial and management interests of any person connected with the business. The Board shall investigate and verify any facts and evidence furnished by the applicant regarding~ (i) The reasonable requirements of the neighborhood for the type of license for ~ahich application has been made, and the desires of the inhabi%snts as evidenced by petitions, remonstrances or otherwise. The number, type and availability of liquor outlets located in or near the neighborhood under consideration. Any other pertinent facts ~ffectin§ the qualifications of the applicant for the conduct of the type of business proposed, and any other pertinent facts affecting the public interest. The Board shall require proof f~om the applicant that he is or will be entitled to possession of the premises for which application is made under a lease, or by virtue of o~nership thereof, and may requi~e documentary proof thereof. The Board shall also determine whether, within two years next preceding the dat~ of the application, the Cit~ Council has denied an application at the same location for the reason that the reasonable requirements of the neighborhood were satisfied by the existing outlets. The applicant shall file at the time of application complete plans and specifications for the interior of the building, if the building to be occupied is in existence at the time. If the buildin9 is not in existence, the applicant shall, in addition to the plans and specifications for the interior, submit an architectls drawing of the building to be constructed. The Board shall require a report of the City Building Inspector showing that the premises conform to all requirements of the building codes, and to determine that the applicant has complied with the architectls drawings, plans and specifications submitted upon the application. (h) One or more members of the Board shall visit end inspect the plant or property in ~hich the applicant proposes to conduct his business end shall investigate the fitness to conduct such business of any person or the officers end directors of any corporation applyin9 for a license. (i) In the event that the City Council shall approve en application before the buildln9 in ~hich t.he business is to be conducted is ready for occupency~ no license shall issue until such time as a member of the Board or the Buildin§ Inspector has made en inspection of the premises to determine that the applicant has complied with the a~chitectts d~awings end plans end specifications submitted upon the application, end that such furnituro, fixtures end ecluit~nent is in place as is necessax'y to comply with the provisions of the Stat~ Statutes. ~. The Board shall take the followin9 actions on all applications, whether for malt, vinous, or spirituous liquor~ (a) The City Clerk shall set a date for hearin9 of the application at a regular meetin9 of the City Council, as follows-' (i) Applications for rene~-~ts of licenses issued pursuant to Article 1~ Chapter ?~ C.R.S. 1~3, as amended~ will be heard by the City Council at the first regular meetin9 of the council within 30 days after filin9 of the same. (ii) Applications for renewals of all other licenses vii1 be heard at the first regular ~eetin9 of the Council in November annually. (iii) All applications for anew licensesa as defined by ?~-2-3§(2)(a),O.R.$. i9~3 will be heard at either the first meetin9 in April or at the First meetin9 in October, annually, that follows the filin9 of such applications by at least 30 days. (b) Not less then five days prior to the date of hearing, the Board shall make a written report of its findings, based on its investi- gation, a copy of which report shall be sent to the applicant, other interested parties, end to the City Council. (c) One or more me~bers of the Board shall be present at the hearing before the City Council, and shall p~esent to the Council such facts and evidence as may be available as a result of its investigation. (d) After the public hcarin§ Before the City Council, the Board shall prepare, in ~ritin§, a stetemcnt of the decision of the City Counoil approvin§ or derffin§ the application, and stating the reasons therefor. This report shall be prepared for the signature of the M~yor and City Council, and ~ust Be furnished to the applicant within thirty days after the date of the public hearing, and shall Be ~ailed to the applicant by certified mail~ vith a return receipt requested. 6. SUSPENSION A~D ..REVOCATION OF I.ICEESBS: The Board shall have the duty to investigate any complaints received regardina existin9 li,~nses, and shall present to the City Council any facts and evidence ~hich ~ay come into its possession~ so that the Council may determine ~hether there has Been a violation o£ eny re~sonable restrictions ~hich ~ay have been placed upon the licensee by the City Counoil, or any of the rules and regulations speoi£ied by the Statutes thereto and pertainin9~ or ~ny of the terms, conditions or provisions of the license issued by the City Council. The licensee must be given notice of the hearing on suspension or revocation, and must be sent a ~ritten notice by certified mail o£ m~y suspension or revocation° ?. RENEWA~ OF L~CEI~SF~-' An investigation shall be conducted by the Board on application 0£ rene~mls~ and a hearing shall be held only ~hen complaints have been filed against the licensee, or ~hen the needs o£ the neighborhood have changed. ATTEST: City ~lerk ayor x