HomeMy WebLinkAbout2018 Ordinance No. 011ORDINANCE NO. 11
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 9, OF
THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO
SPECIAL EVENT AND ALCOHOL TASTING PERMITS, INCLUDING
AUTHORIZATION OF ALCOHOL BEVERAGE TASTINGS, AND
LICENSURE THEREOF, AND AMENDING TITLE 5, CHAPTER 3B,
SECTION 8, REGARDING APPLICABLE FEES, ALL WITHIN THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, the Colorado General Assembly, through C.R.S. 12-47-301(10), allows licensees of
retail liquor stores or liquor-licensed drugstores to conduct alcohol beverage tastings on the
premises; and
WHEREAS, the Colorado General Assembly, through C.R.S. 12-47-301(10), allows the City
Council to authorize by ordinance alcohol beverage tastings within the City in conformance with
that statute.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 3A, Section 9 of the Englewood Municipal Code 2000 as follows:
5-3A-9: Special Event and Alcohol Tasting 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 accordan ce with C.R.S.12-48-101. 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. I 2-48-IO I ,
et seq. as the same may be amended from time to time_.
2. A special event permit under thi s Section is a permit for the sale. by the drink only. of
fermented malt beverages, as defined in C,R.S. 12-46-103. or the sale, by the drink
only, of ma lt, soicituous, or v inous liquors, as defined in C.R.S. 12-47-103. to
organ izJlti.on_s and pQlitical candidates qualifying under C.R.S. 12-48-102. subject to
the applicabl e provisions_Q f and limitations imposed by State la w.
B. Alcohol Tastings for the samQling of beverages containing alcohol or liquor are hereby
authorized within the Cit)' in accordance with,C,R.S. 12-47-J0H 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 Tastings Permit in
accordance with the provisions of this Chapter and subject to the limitations as set forth
in C,R.S. 12-4 7-30 I< IQ}, 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. 12-47-301 O Ql 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
orliguor-licensed drugstore by Qatrons 2 I years of age older purs_uant to~rms
of a permit authorized in accordance with the provisions ofC.R.S. 12-47-301(10).
b. The size of an individual alcohol sample provided at a tasting shaH not exceed
one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.
c. Tastings shall not exceed a total of five 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 earljer than I I a.m. or later than 7 p.m.
e. The licensee shall not serve more than four individual samples to a patron during
a tasting.
f. Samples of beverages containing alcohol or liquor shall be io open containers
and sha)) he provided to a patron free of charge,
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 3B, Section 8 of the Englewood Municipal Code 2000 as follows:
5-3B-8 : Special Events and Alcohol Tasting Permit Fees shall be set by City Council Resolution
and shall be in addition to any fees imposed by the State.
Section 3. General provisions applicable to interpretation and application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of Title I, Chapter 2, Saving
Clause apply to interpretation and application of this Ordinance, unless otherwise set forth in
Se ction I above, including, but not limited to, the provisions regarding severability, inconsistent
ordinances or code provisions, effect of repeal or modification, and legislation not affected by
repeal.
Enforcement. The provisions of Title I, Chapter 42, General Penalty mandate that except as
otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal
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Code, the violation of any provisions of the Code or of any secondary code adopted therein shall
be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or
imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and
imprisonment.
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 . The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Introduced, read in full, and passed on first reading on the 21 s1 day of May, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23 rd day of
May, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day
of May, 20 I 8.
Read by Title and passed on final reading on the 4th day of June, 2018.
Published by Title in the City's official newspaper as Ordinance No. 11, Series of 2018, on
the 7th day of June, 2018.
Published by title on the City's official website beginning on the 6th day of
June, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
anie Carlile, City Clerk
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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. 11, Series of 2018.
Stephanie Carlile
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