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HomeMy WebLinkAbout2019 Resolution No. 043RESOLUTION NO . _11 SERIES OF 2019 A RESOLUTION APPOINTING THE 2019 LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO, AND SETTING FORTH THE TERMS OF SUCH APPOINTMENT. WHEREAS, Title 2, Section 2-6-1 of the Englewood Municipal Code authorizes the Englewood City Council to annually appoint a hearing officer to serve as the Englewood Local Liquor and Marijuana Licensing Authority, and authorizes the City Council to establish the rate of compensation for such services; WHEREAS, Title 5, Section 5-3A-3 of the Englewood Municipal Code empowers the Local Liquor and Marijuana Licensing Authority to exercise all powers of the local licensing authority as set forth by the State of Colorado, to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; WHEREAS, Title 5, Section 5-3D-2 of the Englewood Municipal Code empowers the Local Liquor and Marijuana Licensing Authority to grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Marijuana as provided by law, suspend, fine, restrict, or revoke such licenses upon a violation of applicable law, or a rule promulgated pursuant to applicable law, and may impose any penalty authorized by applicable law or any rule promulgated pursuant to applicable law; WHEREAS, Kathie Guckenberger, J.D., in association with Michow Cox & McAskin LLP , was selected for appointment to the position of hearing officer, following an RFQ application process, and interview, and a determination that she possessed the qualifications set forth within the Englewood Municipal Code; WHEREAS, the Englewood City Council desires to appoint Michow Cox & McAskin LLP, as represented by Kathie Guckenberger, to serve as the Englewood Local Liquor and Marijuana Licensing Authority, pursuant to the terms of a Professional Services Agreement and all applicable provisions of the Englewood Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Michow Cox & McAskin, LLP, as represented by Kathie Guckenberger, an attorney licensed to practice law in the State of Colorado, with experience in the areas of marijuana and liquor licensing, is hereby appointed to serve as the Englewood Local Liquor and Marijuana Licensing Authority. This appointment will be effective immediately and will expire January 1, 2020, or until a successor is duly appointed and qualified. Section 2. In accordance with the appointment provided for in Section 1 above, the professional services agreement by and between Michow Cox & McAskin, LLP and the City of Englewood, which sets forth the terms of such appointment, is hereby approved, and the Mayor is authorized to execute such agreement. ADOPTED AND APPROVED this 1st day of April, 2019 ATTEST: d,~ Linda Olson, Mayor I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 43, Series of 2019.