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HomeMy WebLinkAbout2022 Ordinance No. 0441 BY AUTHORITY ORDINANCE NO. 44 COUNCIL BILL NO. 48 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 5-3B-4 TO COMPLY WITH STATE LAW BY ELIMINATING ALCOHOL LICENSEE MANAGER REGISTRATION WHEREAS, Englewood Municipal Code (EMC) § 5-3B-4 currently requires all alcohol licenses to register managers with the City; and WHEREAS, on June 7, 2022, Governor Polis signed into law HB 22-1415, amending state law to eliminate the requirement of manager registration and instead require reporting of managers for hotel/restaurant, tavern, or lodging/entertainment licensees and setting state and local reporting fees of $30 each; and WHEREAS, in order to comply with this new state law, Englewood Municipal Code must be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 3B, Section 4 of the Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 5-3B-4: - Hotel/Restaurant, Tavern, Lodging/Entertainment Managers License Required. Each licensee, including a A hotel/restaurant, tavern, or lodging/entertainment licensee shall either manage the licensed facility or special event himself/herself or shall report the name of have a separate and distinct manager to who shall be registered by the licensee with the local licensing authority. The licensee shall report any change in manager to When a licensee ceases to be the manager of the facility himself/herself, or his/her manager of record ceases to be the manager of said facility, the licensee shall notify the City Clerk and shall designate a new registered manager within thirty (30) days after the change, accompanied by the state and local reporting fees established by applicable law. It shall be unlawful for the licensee to fail to comply with the requirements of this Section. There will be paid to this City a seventy-five dollar ($75.00) registration fee to defray natural and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465 2 Section 2. 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. 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. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465 3 applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022. for thirty (30) days. Read by Title and passed on final reading on the 19th day of September, 2022. Published by Title in the City’s official newspaper as Ordinance No. 44, Series of 2022, on the 22nd day of September, 2022. Published by title on the City’s official website beginning on the 21st day of September, 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. 44, Series of 2022. Stephanie Carlile DocuSign Envelope ID: ECDF19A4-82DB-46A1-8A85-E86984AEA465