HomeMy WebLinkAboutordinance.council.050-88
ORDINANCE NO. S-O
(Series of 1988)
AN ORDINANCE AMENDING SECTION 4-32 OF THE ASPEN MUNICIPAL CODE
PROVIDING FOR THE INCREASE IN THE ANNUAL OCCUPATIONAL TAX
REQUIRED TO BE PAID PRIOR TO THE ISSUANCE OF A LIQUOR LICENSE
WHEREAS, the City Council desires to amend section 4-32 of
the Municipal Code to provide that the annual occupational tax
required to be paid to the City prior to the issuance of a liquor
license be raised; and
WHEREAS, the City has not raised the annual occupational tax
for a period of five years, or since 1983, pursuant to Ordinance
No. 59, Series of 1983; and
WHEREAS, the revenue generated from the occupational tax
offset, in part, the costs associated with the enforcement of the
liquor codes, state statutes pertaining to alcohol related
offenses, and to provide financial support for community ser-
vices, such as Tipsy Taxi and Aspen Substance Awareness Program
("ASAP"), which mitigate the impact of alcohol-related problems;
and
WHEREAS, the Aspen Police Department has determined that
fifty percent of its annual budget is expended in responding to
alcohol-related requests for service; and
WHEREAS, from 1985 through 1987 the State of Colorado has
funded, in part, the position of a "DUI Enforcement Officer",
whose sole duties relate to mitigating the impact of alcohol-
related offenses; and
WHEREAS, the State of Colorado has withdrawn its funding for
this "DUI Enforcement Officer" for the 1989 budget year; and
WHEREAS, the City of Aspen desires that those businesses
whose revenues are derived from the sale of fermented malt
beverages and alcoholic liquors to pay an annual occupation tax
which reasonably relates to the impacts produced by such sale
upon the City of Aspen, its citizens and guests; and
WHEREAS, the City Council of Aspen has determined that the
increases identified hereinbelow reasonably relate to those
impacts produced by the sale of fermented malt beverages and
alcoholic liquors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 4-32 of the City of Aspen, Colorado, Municipal
Code be and the same is hereby amended to read as follows:
"Sec. 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 liquor, in the city, as
such occupation has been classified in section 4-31, as
follows:
(1) For all class "A" operators the sum of
(2) For all class "B" operators the sum of
(3) For all class "e" operators the sum of
(4) For all class "0" operators the sum of
(5) For all class "E" operators the sum of
(6) For all class "F-l" operators the sum of
(7) For all class "F-2" operators the sum of
(8) For all class "F-3" operators the sum of
$1,237.00
$ 825.00
$ 825.00
$ 150.00
$ 300.00
$ 330.00
$ 330.00
$ 330.00
For all Class A, B, D and E operators with extended hours
permits (8:00 p.m. to midnight on Sundays and Christmas)
there will be an additional occupation tax of $247.00."
section 2
Council authorizes five percent (5%) of the net receipts
generated by this annual occupation tax to be donated to ASAP for
its community service work. This authorization shall remain in
effect on an annual basis, until otherwise terminated by Council.
The Finance Director shall disburse these sums in accordance with
established procedures.
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
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the /~~
day of ~ , 1988, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
city Council of the City of Aspen on the ~J(~ day of
~/
, 1988.
~.~~
W1111am L. st1rl1ng, Mayor
ATTEST:
~ct~rk
FINALLY adopted, passed and approved this /~~ day of
Y2~
, 1988.
~.~6
ATTEST:
~p'~
Kathryn . Koch, City Clerk