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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