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HomeMy WebLinkAbout1980 Ordinance No. 012• • ,,· .... BY AUTHORITY ORDINANCE NO. 12 SERIES OF 198~0--- COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY AN OJU>INAMCE AMENDING TITLE XI OF THE '69 ENGLEWOOD MUNICIPAL CODE 8Y ADDING A NEW ARTICLE THERETO, CREATING A LOCAL LIQUOR LICENSING AU'l'BORITY; ESTABLISHING THE POWERS, DUTIES, MEMBERSHIP, AND QUOR UM, THEREOF; PROVIDING FOR THE TERMS AND THE MANNER AND METH OD OF APPOINTMENT OF THE MEMBERS OF SUCH AUTHORITY; PROVIDING TB.AT SUCH AUTHORITY SHALL HAVE ALL THE POWERS OF A LOCAL LICENSING AUTHORITY AS SET FORTH IN ARTICLES 46, 47 and 48 OF TITLE 12, C.R.S. 1973, AS AMENDED. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE· CITY OF ENGLE WOOD, COLORADO, AS FOLLOWS: Section 1. That Sections 1 through 12, inclusive, of Chapter 2, Title XI, of the '69 E.M.C. shall be designated as Article 1, thereof, with Sections 13 through 20 being reserved for additional material. Section 2. That Chapter 2, Title XI, of the '69 E.M.C. is hereby amended by adding a new Article II, to be numbered Sections 2 1 through 34, inclusive, to read as follows: SECTIONS: 11-2 -21 11-2-22 11-2-23 11-2-2 4 1 1-2-25 :.1-2-2 6 11-2-27 11-2-28 11-2-29 11-2-30 11-2-31 :;..1-2-3 2 11-2-33 11-2-3 4 Article II LOCAL LICENSING AUTHORITY Purpose Definitions Licensing Authority Established Appearance Before the Licensing Authority Public Notice Investigation Public Hearing Decision--New Applications License Renewal Change in Location, ownership or Management of Any Licensed Premises Change of Trade Name or Remodeling Special Events Permit Suspension and Revocation of Licenses Severability • • • . . . .. 11 -2-21: PURPOSE In pu rsuance of the authority conferred by Articles 46, 7 and 48 of Title 12, C.R.S. 1973, as amended, this ordinance is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the City of Englewood by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors and fermented malt beverages. 11-2-22: DEFINITIONS Certa in terms and expressions used herein shall have the following meanings : (a) Applicant . The term "Applicant" shall mean and include: (1) If an individual, that person making an application for a license under this ordinance. (2) If a partnership, all the partners of the partnership which is making application for a license under this ordinance. (3) If a corporation, any officer, director, manager or any stockholder therein • (b) Authority or Licensing Authority. The term "Authority" or "Licensing Authority" shall mean the local licensing authority of the City of Englewood. (c) Investigator . The term "Investigator" shall mean the licensing investigator as set forth in Section 11-2-23 (g) or this ordinance. (d) Manager. The term "Manager" shall mean and include that person or those persons who manage, direct, supervise, oversee and administer the acts, trans- actions, and acts of servants or the establishments governed by this ordinance. All other words and phrases used in this ordinance shall have the meanings attached by the Colorado statutes regulating the sale of liquor and fermented malt beverages, or if not otherwise defined by law, are used in their common, ordinary and accepted sense and meaning. 11-2-23: (a) LICENSING AUTHORITY ESTABLISHED There is hereby established a local licensing authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous, or spirituous liquors and fermented malt beverages, as provided by law, -2- .... • • conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the local licensing authority, as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973, as amended. (b) Said authority shall consist of five (5) qualified electors of the City of Englewood who shall be appointed by the City Council. Of those initially appointed, two (2) shall be for a term of three (3) years, two (2) for a term of two (2) years, and one (1) for a one (1) year term. Thereafter, appointments shall be for a three (3) year term. No person shall serve as a member of the local licensing authority who shall have any interest in the operation of a liquor establishment or in one serving fermented malt beverages or who has a member of his or her inunediate family who has such an interest. (c) Any member of the licensing authority may be removed with or without cause by five (5) concurring votes of City Council.. Any vacancy occurring on the licensing authority shall be filled for the unexpired term by the Council . (d) The authority shall annually elect a chairman from their number who shall preside over all hearings and proceedings of the authority. The chairman may designate a member of the authority to assume his duties in his absence. A quorum shall consist of three (3) members, and a decision of a majority of the members of the authority shall control. Any absent member may join in a decision of the authority after he has considered the evidence adduced in any hearings conducted during his absence. All decisions are final, subject only to appeal to a court of com- petent jurisdiction. (e) Members of the authority shall serve without compen- sation, but shall be reimbursed for any necessary expenditures incurred in the performance of their duties. (f) The Director of Finance -Ex-Officio City Clerk- Treasurer (City Clerk) shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of such license fees and taxes as are required by law and this ordinance. The City Clerk shall .serve as the official secretary of the authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the authority. The City Clerk -3- • • or his designate shall attend the meetings of the authority. All public notice by publication in a newspaper and by the posting of signs, as required by the Colorado Liquor Code, as amended, shall be accomplished by the City Clerk. (g ) Such person or persons as the City Manager of the City of Englewood shall designate shall serve as investi- gators or perform investigative duties on behalf of the local licensing authority. 11 -2 -2 4 : APPEARANCE BEFORE THE LICENSING AUTHORITY The applicant as herein defined, or his designated rep- resentative , may appear before the authority to give testimony in his own beha lf. The applicant may also call any person as a witness in behalf of or in support of his application. Any other person or pa rties in interest may g"ive testimony before the authority fo r any application by way of protest against any pro- posed license t o be issued. Upon receipt of application for a ne license, the City Clerk shall cause to be published notice of a public hearing to be held not earlier than thirty (30) days but not more than seventy-five (75) days after receipt thereof. 11 -2 -25: (a) The City Attorney's office shall be the legal advisor to the licensing authority and shall represent the l icensing authority and the City of Englewood in all proceedings before the licensing authority and in all courts where any decision of the licensing authority is appealed. PUBLIC NOTICE The authority shall cause to be posted and published public notice of the hearing to be held on the application as provided in Articles 46, 47 and 48 of Title 12, C.R.S. 1973, as amended, and the regulations promulgated thereunder. 11 -2-26: INVESTIGATION The a pplication, including any and all investigations performed by the designated representative of the City Manager shall be received by the authority and applicant at least five (5) days prior to the date of hearing on said application and shall be a vailable to any interested party at least five (5) days prior to t h e hea r ing . Petitions shall be presented to the City Clerk three (3) wo rking days before the hearing date. 11 -2 -27: PUBLIC HEARING (a) The licensing authority shall promulgate rules of procedure for the conduct of all hearings or appli- cations for licenses or for revocation or suspension of licenses. -4- • • • . . .. (b) The licensing authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing which the licensing authority is authorized to conduct. It shall be unlawful for any person to fail to comply with any subpoena issued by the authority in the prop~r conduct of its hearings. The Municipal Court of the City of Englewood shall enforce the sub- poenas of the licensing authority, and upon good cause shown, shall enter its orders compelling wit- nesses to attend and testify or produce books, records or other evidence, and shall impose penalties of punishment for contempt in case of failure to comply with such orders. (c) A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State of Colorado. Upon failure of any witness to comply with such subpoena, the City Attorney shall, at the direction of the authority: (1) Petition any judge of the Municipal Court of the City of Englewood, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court, or (2) Petition the District Court in and for the County of Arapahoe, setting forth that due notice has been given of the time and place of atten- dance of the witness and the service of the sub- poena, that the court after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. 11-2 -28: DECISION--NEW APPLICATIONS (a) Following the public hearing on new applications, the authority shall render its decision no later than thirty (30) days thereafter; provided, however, that the authority may continue the hearing from time to time as may be required to gather necessary facts and evidence and to permit witnesses to testify, and the -s- • • , •.... time limited herein shall run from the date of conclusion of the hearing, as continued. (b) Before entering any decision approving or denying the application, the local licensing authority shall con- sider the facts and evidence adduced as a result of its investigation, as well as any other facts, the desires of the inhabitants of the neighborhood, the reasonable requirements of the neighborhood for the type of license for which application has been made, the number, type and availability of liquor outlets located in or near the neighborhood under consider- ation, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. (c) The City Clerk shall send a written copy of the decision of the authority and the reasons therefor by certified mail to the applicant at the address shown on the application, and to any other party in interest upon request. 11 -2-29: LICENSE RENEWAL {a) (b) All renewal applications for malt, vinous and spiri- tuous liquor licenses and fermented malt beverage licenses shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires. The forms shall be accompanied by all the required fees and such additional materials as the authority deems necessary to carry out the provisions of the Colorado Liquor Code, as amended, this ordinance, and all applicable regulations. No renewal application shall be accepted by the City Clerk which is not complete in every detail. Any application mailed to or ueposited with the City Clerk which, upon examination, is fourid t o have some omission or error shall be returned to the applicant for completion or correction without any action on the part of the City Clerk or the authority. Should any renewal application be received i n completed form less than forty-five (45) days p rior to the date on which the license expires, it shall be deemed a late application. The authority shall not be answerable for the failure of a license to issue by the expiration date ·on any late · ap- plication. Nothing in this section shall serve as authority for any sale at retail of alcoholic liquor without a license pursuant to law. Upon receiving the completed renewal application, the City Clerk shall assemble the file of the applicant and forward the application and file to the licensing authority for its action. -6- • • • . . . ... , . 11 -2-30: (c ) If there is evidence that the licensee should not hav e h is license renewed for an additional period of o ne (1) year, the City Clerk shall cause to be issued a notice of intention to revoke and/or suspend the license, which notice he shall cause to be served u pon the licensee after the filing of application for renewal. CHANGE IN LOCATION, OWNERSHIP OR MANAGEMENT OF ANY LICENSED PREMISES Any licensee desiring to change location, ownership, .or management of the licensed premises shall submit an application for said change t o the City Clerk, which application shall be in con- formity with the Colorado Liquor Code, as amended, and contained in Articles 4 6, 47 and 48 or Title 12, C.R.S. 1973, as amended, and the ordinances of the City of Englewood, Colorado. 11 -2-31: CHANGE OF TRADE NAME OR REMODELING (a ) Any licensee desiring to change the trade name of the l icensed premises or enlarge, modify, remodel or redecorate any premises licensed herein shall make application to the authority in conformity with the Colorado Liquor Code, as amended, and contained in Articles 46, 47 and 48 of Title 12, C.R.S. 1973, as amended, and the ordinances of the City of Englewood, Colorado. (b) Any application to enlarge, modify, remodel or redec- orate any premises licensed herein shall include as p art of the application a detailed floor plan, including pl ans and specifications for any changes in both the i nterior and exterior of said premises. 11-2-32: SPECIAL EVENTS PERMIT The au thority may grant to an applicant a special events permit in accordance with the Colorado Liquor Code, as amended. 1 1 -2-33: SUSPE NSION AND REVOCATION OF LICENSES (a ) The l icensing authority shall have the power upon its o wn motion or upon complaint to: (1) Summarily suspend any license for a period not to exceed fifteen (15) days c (2) Upon notice to the licensee and hearing to suspend any license for a period not to exceed six (6) months. (3) To revoke such license, or -7- • • • . . . . . 11 -2 -34: (4) Any combination thereof • (b) The licensing authority shall establish procedures for receiving complaints for any violation of this Chapter or any unlawful act defined in the Liquor Code, as amended, or any other duly-enacted rules and regulations of the Department of Revenue Liquor Enforcement Division of the State of Colorado. The City Attorney of the City of Englewood or his authorized designate shall present evidence at any hearing for suspension or revocation in support of the show cause order. The authority may also employ independent counsel to act as its legal advisor in c onnection with such hearing. (c) Whenever the authority or the City Clerk on behalf of the authority receives a written complaint charging any licensee with a violation of the Colorado Liquor Code, as amended, and/or the ordinances of the City Code of Englewood, Colorado, the authority shall cause an investigation to be made to determine the veracity o f s aid charge or charges. After investigation thereof, and a determination by the authority of the probable truth of the charge or charges, the authority shall cause to be issued a notice of show cause directed to the licensee. Any notice of show cause directed to any licensee shall be given by mailing the same in writing to the licensee at the address contained in such license. The notice shall direct the licensee to appear at a certain place and at a time designated, which date shall be not earlier than thirty (30) days after mailing, to show cause, if he have any, why the license should not be suspended or revoked.· The notice shall further contain information generally describing the alleged violation or violations of any provision of the Colorado Liquor Code, as amended, or any rules or regulations duly promulgated by the Department of Revenue Liquor Enforcement Division of the State of Colorado, and any ordinances of the City Code of Englewood, Colorado. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of th is ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereo f • -8- • • . . .. ·. . . . Section 3. That all ordinances or parts of ordinances of the city COde of Englewood, Colorado, in conflict herewith are hereby expressly repealed. Introduced, read in full, and passed on first reading on the 19th day of May, 1980. Published as a Bill for an Ordinance on the 21st day of May, 198 0 . Read by title and passed on final reading on the 2nd day of June, 1980. Published by title as Ordinance No. 1980, on the 4th day of June, 1980. Attest: E~io9c&;;~ .- 12 , Series of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 12 , Series of 1980.