HomeMy WebLinkAbout2019 Ordinance No. 036ORDINANCE NO. 36
SERIES OF 2019
BY AUTHORITY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 9 AND
TITLE 5, CHAPTER 3B, SECTION 8 OF THE ENGLEWOOD
MUNICIPAL CODE 2000, REGARDING SPECIAL EVENT, ALCOHOL
TASTING, AND ARTS LICENSE PERMITS FOR CONSUMPTION OF
BEVERAGES CONTAINING ALCOHOL OR LIQUOR, ALL WITHIN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, The Colorado State Legislature passed House Bill 18-1025 concerning the
nonsubstantive relocation of laws related to the regulation of alcohol beverages from Title 12,
Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title
12;and
WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes
witnin its Title 5, Chapter 3, including its Articles A, B, and C, all regarding alcoholic beverages
that shall be updated; and
WHEREAS, At the study session of July I, 2019, the City Council reviewed the Arts License
as set forth within C.R.S. 44-3-419.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 5. Chapter 3A, Section 9. Title 5, Chapter 3A, Section 9
of the Englewood Municipal Code shall be amended as follows:
5-3A-9: -Special Event" aoo Alcohol Tasting. 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. ~4-5-101. 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. ~4-5-101, 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. 12 46~-103, or the sale, by the drink only, of malt,
spirituous, or vinous liquors, as defined in C.R.S. 12 4744 3-103, to organizations and political
candidates qualifying under C.R.S. 12 4g44-5-102, 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. 12 47 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 tastings permit in accordance with the provisions of
this Chapter and subject to the limitations as set forth in C.R.S. 12 47 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.
12 47 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. 12 47 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 :OD) 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.
Section 2. Amendment of Title 5. Chapter 3B, Section 8. Title 5, Chapter 3B, Section 8
of the Englewood Municipal Code shall be amended as follows:
5-3B-8: -Special Events. aoo-Alcohol Tastina, and Art Gallery Permit Fees.
Special events. aoo-alcohol tasting. 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. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions ofE.M.C. Title 1, Chapter 2, Saving
Clause apply to interpretation and application of this Ordinance, unless otherwise set forth 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. E.M.C. Title 1, Chapter 4, "General Penalty" provisions mandate that except as otherwise
provided within specific Titles, Chapters, or Sections of the Englewood Municipal 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.
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Introduced, read in fu ll. and passed on first read ing on the 5th day of August, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of August,
20 19.
Publi s hed as a Bill for an Ordinance on the City's official website beginning on the 7 th day of August.
20 19 for thi rty (3 0) days.
Read by T it le and passed on fina l reading on the 19t h day of August.2019.
Published by Title in the City's officia l newspaper as O rdinance o. 36, Series of 2019. on t he 22nd
day of August, 20 19.
Publ ished by title on the City's official website beginning on t he 21 st day of August.2019 for thirty
(30) days.
This Ordi nance s h a ll take effect t hirty (30) days after publication following final passage.
ATTEST:
I, Ste phan ie Carlil e , C ity Clerk ofthe C ity of Englewood , Colorado. hereby cert ify that the above and
foregoing is a true copy of the Ordinance passed on final reading and published by T itl e as Ordinance No.
36, Ser ies of 20 19.
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