HomeMy WebLinkAboutordinance.council.070-85 ORDINANCE NO. ~ (Series of 1985)
AN ORDINANCE PURSUANT TO SECTION 12-47-138, COLORADO REVISED
STATUTES, REDUCING THE DISTANCE RESTRICTION IMPOSED BY PARAGRAPH
(d) FOR HOTEL AND RESTAURANT LICENSES FROM FIVE HUNDRED (500) FEET
TO ONE HUNDRED (~00) FEET FROM ELEMENTARY SCHOOLS
WHEREAS, Paragraph (d) of Section 12-47-138, restricts the
sale of liquor if the building in which liquor is to be sold is
located within five hundred (500) feet of any public or parochial
school or the principal campus of any college, university or
seminary; and
WHEREAS, Section 12-47-138(d)(4) provides that a governing
body of a municipality, by ordinance, may eliminate or reduce the
distance restrictions or may eliminate one or more types of
schools or campuses from the application of any distance restric-
tion established by paragraph (d), for hotel and restaurant
licenses only; and
WHEREAS, pursuant to its authority, the City Council desires
to reduce the distance restriction pertaining to any elementary
school (grades 1-6) from five hundred (500) feet to one hundred
(100) feet, with regard to hotel and restaurant licenses only for
the elementary schools.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the distance restriction imposed by Section 12-47-138(d)
with regard to elementary schools (i.e. grades 1-6) be and hereby
is reduced from five hundred (500) feet to one hundred (100) feet
for hotel and restaurant licenses only; provided, however, that
the reduction in distance herein shall be conditioned upon the
prohibition of the sale of alcoholic beverages during any period
in which any elementary school is in session.
Section 2
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional 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 3
A public hearing on the ordinance shall be held on the ~
day of _~~_.~-_~ ......... , 198~, in the City Council
Chambers,~Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the /~0/~ day of
___~ , 1985.
.....
ATTEST:
Kathryn ~/ Koch', City Clerk
FINALLY adopted, passed and approved this ....... day of
William L. Stfrling, M/yor
ATTEST:
2J
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLO~DO CERTIFI~TH
COUNTY OF PITKIN
I, Kathryn S. Koch, city Clerk of Aspen, Colorado· do here~
.certi~ that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on ~ /~ ,
1985, and published in the A_~, a weekly newspa~r of
general circulation published in the City of Aspen,Colorado, in
its issue of ~-~-~ '/~ 1985, andwasfinally
adopted and approved at a regular meeting of the City Council on
~ , 1986, and ordered published as
ralnanc No. ~D~ Series of 1985 of said City as provided
~ law.
IN WITNESS WHEREOF, I have hereunto set my hand and the ~al
of said City of Aspen., Colorado this _~'/-- day of
· City Clerk
SHA-L
Depu~ City Clerk