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HomeMy WebLinkAboutordinance.council.006-92 ".',',, .Xi\ \., ~",' ., 'II q" '".,-...- ORDINANCE NO. b (Series of 1992) AN ORDINANCE AMENDING SECTIONS 4-31 AND 4-32 OF THE ASPEN MUNICI- PAL CODE AMENDING THE CLASSIFICATIONS OF OPERATORS AND PROVIDING FOR AN INCREASE IN THE ANNUAL OCCUPATION 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 occupation 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 occupation tax since 1988, pursuant to Ordinance No. 50 (Series of 1988); and WHEREAS, the revenue generated from the occupation tax offsets, in part, the costs associated with the enforcement of the liquor code, state statutes pertaining to alcohol related offenses, and to provide financial support for community servic- es, such as Tipsy Taxi and the Aspen Substance Awareness Program ("ASAP"), which mitigate the impact of alcohol-related problems; and WHEREAS, the Aspen Police Department has determined that a significant percentage of its annual budget is expended in responding to alcohol-related requests for service; and WHEREAS, the City of Aspen desires that those businesses whose revenues are derived from the sale of fermented malt beverages or alcoholic liquors 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 &'.'..'" \, .. (. II' 1,.4...... W ., WHEREAS, the city council desires to amend section 4-31 of the Municipal Code to add new classifications of operators to more equitably distribute the annual occupation tax among differ- ent classes of operators. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN, COLORA- DO: section 1 That section 4-31 of the Municipal Code of the city of Aspen, Colorado, which section refers to classification of operators is hereby amended to read as follows: Sec. 4-31. Classification of operators. The business of selling at retail any fermented malt bever- ages and alcoholic liquor, other than medicinal liquors, is hereby defined and separately classified for the purposes of this chapter as follows: Class "A" alcoholic hotels or tors. All operators who are licensed to sell consumption on the premises either as or taverns shall be class "A" opera- operators. liquors for restaurants Class "A-I" Operators. All operators who are licensed to sell alcoholic liquors for consumption on the premises as hotel and restaurants and determined to be "modest estab- lishments" as hereinafter defined shall be class "A-I" operators. Class "A-2" Operators. All operators who are licensed to sell alcoholic liquors for consumption on the premises either as hotel and restaurants or taverns and determined to be "dance cabarets" as hereinafter defined shall be class "A-2" operators. Class "B" Operators. All operators licensed to sell beer and wine only by the drink for consumption on the premises shall be class "B" operators. 2 ......'....'.' /'.... II' ,j,' "".... !~. !\'e" " "<" Class "B-1" Operators. All operators who are licensed to sell beer and wine only for consumption on the premises and determined to be "modest establishments" as hereinafter defined shall be class "B-1" operators. Class "c" Operators. All operators licensed as retail liquor stores or as drugstores to sell in original contain- ers for consumption off the premises shall be class "C" operators. Class "D" Operators. All operators licensed to sell alco- holic liquors as arts shall be class "D" operators. Class "E" Operators. All operators licensed to sell alco- holic liquors as clubs shall be class "E" operators. Class "F-1" operators. All operators licensed to sell fermented malt beverages and who sell the same for consump- tion on the premises shall be class "F-1" 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 pre- mises shall be class "F-2" operators. Class "F-3" Operators. All operators licensed to sell fer- mented malt beverages and who sell the same for consumption on the premises and in the original package or container for consumption off premises shall be class "F-3" operators. The words defined below shall have the meanings set forth below whenever they appear in this chapter. Dance cabaret means an establishment licensed to sell alco- holic beverages providing either live or recorded entertain- ment and space for patron dancing. Modest establishment means an establishment with a hotel and restaurant or beer and wine liquor license which has fifty (50) seats or less, not including outdoor seating, and twenty percent (20%) or less of its gross revenue derives from the sale of alcoholic beverages. section 2 That section 4-32 of the Municipal Code of the City of Aspen, Colorado, which section levies an occupation tax upon the 3 .......'......'". tV... .'-.'. !l_ ....d,........ (f business of selling fermented malt beverages and alcoholic liquor, 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 of 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 "An operators the sum of $1,365.00 (2) For all class "A-I" operators the sum of $ 910.00 (3 ) For all class "A-2" operators the sum of $1,750.00 (4) For all class "B" operators the sum of $ 910.00 (5) For all class "B-1" operators the sum of $ 610.00 (6) For all class ITC" operators the sum of $ 910.00 (7) For all class "D" operators the sum of $ 165.00 (8) For all class "E" operators the sum of $ 350.00 (9 ) For all class "F-l" operators the sum of $ 375.00 (10) For all class "F-2" operators the sum of $ 375.00 (11) For all class "F-3" operators the sum of $ 375.00 For all Class A, B, D and E operators with extended hours permits (8:00 p.m. to midnight on Sundays and Christmas) there shall be an additional occupation tax of $275.00. section 3 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 4 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 4 ...il..' '\l" t"" .....'.1.'.. i;f \;c ,,\'!- ..s.',.....'."... \; , provision and shall not affect the validity of the remaining portions thereof. section 5 A public hearing on the ordinance shall be held on the ~ day of ~ ' 1992, in the City Council Chambers, Aspen city Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law /tJ~day of by the~ of the city of Aspen on the , 1992. ~ 7, (~~ John S. Bennett, Mayor AT'l'EST:' " Kathryn )I 4t!-L- Clerk FINALLY adopted, passed and approved this c2~~day of ~ , "'L J;L- - Frank Peters, Mayor Pro Tern ATTilS1' : ~J~ Kathryn'. Koch, city Clerk 5