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Home My WebLink About2022 Ordinance No. 0171 BY AUTHORITY ORDINANCE NO. 17 COUNCIL BILL NO. 18 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AMENDING SECTIONS 5-3A-9 AND 5-3B-8 OF ENGLEWOOD MUNICIPAL CODE CREATING A CITY FESTIVAL PERMIT AND ESTABLISHING FEES FOR THE PERMIT. WHEREAS, on May 8, 2021, Colorado Governor Jared Polis signed into law SB 21-082, amending CRS 44-3-404 creating a state alcohol festival permit; and WHEREAS, the bill authorizes certain liquor licensees, including brew pubs, bars and restaurants, to apply for festival permits allowing them to hold up to nine festivals in a twelve- month period; and WHEREAS, SB 21-082 allows the City to create a local permit system for festivals; and WHEREAS, if the City decides not to implement a permit system, the licensee need only obtain a state permit to hold the festival without providing notice to the City; and WHEREAS, City Council believes that requiring a local permit for festivals is in the best interest of the City because it affords the City an opportunity to review, comment on, and consider appropriate conditions for festivals occurring within the City; and WHEREAS, City Council desires to amend Section 5-3A-9 of the Englewood Municipal Code to create a local festival permit as authorized by SB 21-082. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Section 5-3A-9 Englewood Municipal Code Title 5, Chapter 3A, Section 5-3A-9 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 5-3A-9: Special Event, Alcohol Tasting, Festival and Art Gallery Permits for Consumption of Beverages containing Alcohol or Liquor. A. Special event permits for the consumption of beverages containing alcohol or liquor are hereby authorized within the City in accordance with C.R.S. 44-5-101, et seq. 1. The Authority may grant to an applicant a special event permit in accordance with the Colorado Liquor Code and subject to the limitations as set forth in C.R.S. 44-5- 101, et seq., as the same may be amended from time to time. 2. A special event permit under this section is a permit for the sale, by the drink only, of fermented malt beverages, as defined in C.R.S. 44-4-103, or the sale, by the drink DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 2 only, of malt, spirituous, or vinous liquors, as defined in C.R.S. 44-3-103, to organizations and political candidates qualifying under C.R.S. 44-5-102, subject to the applicable provisions of and limitations imposed by State law. B. Alcohol tastings for the sampling of beverages containing alcohol or liquor are hereby authorized within the City in accordance with C.R.S. 44-3-301(10). 1. The Authority may grant to a holder of a City of Englewood retail liquor license or liquor-licensed drug store (licensee) an alcohol beverage tasting permit in accordance with the provisions of this chapter and subject to the limitations as set forth in C.R.S. 44-3-301(10), as the same may be amended from time to time. 2. Terms applicable to tasting events for beverages containing alcohol or liquor as set forth in C.R.S. 44-3-301(10) include, but are not limited to: a. Tasting of a beverage containing alcohol or liquor is the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store or liquor-licensed drugstore by patrons twenty-one (21) years of age older pursuant to the terms of a permit authorized in accordance with the provisions of C.R.S. 44-3-301(10). b. The size of an individual alcohol sample provided at a tasting shall not exceed one (1) ounce of malt or vinous liquor or one-half of one (½) ounce of spirituous liquor. c. Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. d. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell beverages containing alcohol or liquor and in no case earlier than eleven o'clock (11:00) a.m. or later than seven o'clock (7:00) p.m. e. The licensee shall not serve more than four (4) individual samples to a patron during a tasting. f. Samples of beverages containing alcohol or liquor shall be in open containers and shall be provided to a patron free of charge. C. Art Gallery Permit. A person operating an art gallery that offers complimentary alcohol beverages for consumption only on the premises may be issued an art gallery permit, which shall be renewed annually, all in conformance with C.R.S. 44-3-424. D. Festival. A licensee may obtain a City festival permit, and the festival/participating licensees shall comply with C.R.S. § 44-3-404 and other City festival rules and regulations by applying at least 45 days prior to the festival. The City may deny or revoke a permit or deny a licensee’s participation for a violation of Englewood Municipal Code or other applicable law during the festival or by a licensee or as described in CRS § 44-3-404. Section 2. Amendment of Section 5-3B-8 Englewood Municipal Code Title 5, Chapter 3B, Section 5-3B-8 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 3 5-3B-8: - Special Events, Alcohol Tasting, Festival, and Art Gallery Permit Fees. Special events, alcohol tasting, festival and art gallery permit fees shall be set by City Council Resolution and shall be in addition to any fees imposed by the State. Section 3. Fees The City of Englewood already maintains full records and investigations of all City licensees that may participate in a festival. Therefore, the amount of staff time required to investigate and issue a festival permit is significantly reduced for City licensees, justifying a reduced permit fee in this circumstance. The City of Englewood Comprehensive Schedule of Fees and Rates shall be amended to include the following fees applicable to festival permits (which may be amended by future City Council motion, resolution, or ordinance): Festival Permit: $150 Festival Permit licensee fee: $50 per licensee participant that is not a City of Englewood licensee Supplemental application fee, when prior festival held in Englewood: $50, plus $50 per additional new licensee participant that is not a City of Englewood licensee Supplemental application fee, when prior festival held outside of Englewood: $100, plus $50 per licensee participant that is not a City of Englewood licensee Festival Permit Fee per additional day after the first day: $50 Section 4. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC 4 The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Introduced, read in full, and passed on first reading on the 4th day of April, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of April, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of April, 2022. for thirty (30) days. Read by Title and passed on final reading on the 18th day of April, 2022. Published by Title in the City’s official newspaper as Ordinance No. 17, Series of 2022, on the 21st day of April, 2022. Published by title on the City’s official website beginning on the 20th day of April, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 17, Series of 2022. Stephanie Carlile DocuSign Envelope ID: CE354492-67F1-4076-BD27-03D4580FDBFC