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Home My WebLink About1989 Ordinance No. 024CIIDDINCI II). "'J d Sl!RDII (Y 1989~ lilt .N11'IDU'1'l( CJUCIL BILL NO. 28 DfflOXJCm lilt <XXH:IL IIMl!ll~ l't1t .NI CRlllWl:z AmOO A 1l!W a:'rICN ll TO TrrLE 5, QIAP'1m lA, l!IGJ!XXJl IUIICJPAL CXllB 1985, PRJVIDDG l't1t 'DIB PA'tMl!Hl' <Jl' A PINE IN Lil!JJ or SUSP!21SICN <Jl' A Ll(JUCII LICl!NSE. 'IIIIBRl':IIS, the Oolord> State IAlgialature hu manded c.a.s. Section 12-42-110 to provim for the JDp:,aition of finea by licpr lioenaing authority in lieu of !lllllpl!n8ion of a liqoor license; and WHEREAS, the Englewood Liquor Licensing Authority deaires to have the option of inp,sing a fine in lieu of suspension of a liqoor license; Ne», TIIEREFCIIE, BE IT CIUlAINEil lilt THE CITY CXXH:IL CF THE cm CR aGJHXXl, ~. TIM: Sect.ion 1. Title 5, ~r JA, Englewood 11.lnicipal Code 1985, is hereby amended by adding a ,_ sectioo 11 to read as followa 1 5-JA-11: DlPOSfflCN OF FINE IN Lll1I CE' SUSPE21SICN: A. ~r t.'ie Licensing Authority suspends a retail license for fourteen days or less, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his license suspended for all or part of the suspension period. Upon :receipt of the petition, the licensing authority may, in its sole discretion, stay the proposed suspension to cause a,.y inw.,tigation to be made 1mich it deems desirable and may, in its sol£ discreti<ln, grant the petition if it is satisfied that: l. The public >ielfare and rrorals would not be inpaired by permitting the lio . .nsee to operate &Iring the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; · 2 . The books and records of the retail licensee are kept in such a manner that the loss of s ales of alcoholic beverages lmich the retail licensee \Olld have suffered had the suspei1sion gone into effect can be determined with reasonable accuracy therefran; and 3. The licensee has not had his license suspended or revoked, nor had any suspension stayed by payment of a fine &Iring the two years ilmediately preceding the date of the rrotion or cxnplaint lmich has resulted in a final decision to suspend the license. -1 - B. If the licensing authority llllkN the findinga required in llllbNctial A A. above, the lll1'0Ullt of the fine inposed lhall be equivalent to • ~ty percent ( 20\) of the licenNe' • estimated grou ~ fran ■al■■ of alcoholic bawragee &lring the period of the pccpo■■d ~10111 acept that the fine shall not be lNI than two hundred dollar■ ($200) nor nme than five t:houaand dollar■ ( $5,000). Paynmnt of the fin■ shall be in the form of cuh, a cert:(fied check, or a cuhier'■ check made payable to the Englewcoi Liquor Licensing Authority. Upcn pay1111111t of the fine, the lica18ing aat:lu>:ity ■hall enter an order permanently 111:aying the illpMitkln ot ~-■uapm11ial. c. If the licensing authority doe■ not make the findings required in sub■ect:icn A. llboV9 and does not order the suspan■ion p■1:1a1ently 111:ayed, the ■uapen■ion shall go into effect en the q,■zatiw date set by the licensing authority. Introd\Jced, read in full, and passed on first reading en the 19th day of June, 1989. Published as a Bill for an Ordinance en the 22nd day of Jl.'..'M!, 1989. Raad by title and pulled on final reading en the 10th day of July, 1989. Published by title as Ordinance No.~ Series of 1989, on the 13th day of July, 1989. _iL~v¢. ¼J Patricia H. crow, cfo• Clerk I, Patricia H. crow, City Cll'rk of the City of Englewood, Coloraoo, hereby certify that the foregoing is a true copy of ~ Orjlinance passed on final reading and published by title as ~l -, Series of 1 89. ( . --I I 'l -\-,A,./. d,_Kt1- Patr ca H. CrCM -2 - DAT! Juno 19, 1989 INITIATED IT STAFF SOUllC! COURCIL COMMURICATION AO!NDA ITrh 11 (ai SUBJECT Impoling a fine instead of 1usponding liquor Uc,.,se . Englewood Liquor Licensing Authority Rick Dollitt , City Attorney and Char\•• C. Grimm, Assistant City Attorney PR!H OUS COUNCIL ACTION None . ACTION PROPOSED Adopt the ordinance authorizing the Englewood Liquor Licensing Authority to impose fines in lieu of suspension of licensees who violate the State or local liquor laws. POSSIBLE EFFECTS Non e. BACKGROUND Englewood Liquor Licensing Authori ty has recommended this Amendment . Under the pro • visions of Section 12 -47-110 (1) and (2) Colorado Revised St atutes the Local Liquor Licensing Authority can adjudge the penalty of suspension, among other sanctions, against any licensee who the local authority de termined had violatecl the state or lo,:;al liquor laws , The local authority also can order all or part of the suspension be held in abeyance for a period not to exceed the license year . The proposed or- dinance gives tho Local Ll~uor License Authority power to adjudge a fine in lieu of suspension. Thus th• 11,.uor establishment will avoid being closed . This proposed Ordinance is in conformity to Sectio:, 12-47-110 (3) (a) Colorado Revised Statutes and is required to penlis this city to impose fines . ~ lllC0llllltllllATI0lll tho money paid in fine ■, buaine u will oporato and keep people om- ■erved and maintain revenue•. Pauing C.B. 28 to add nev Section 11 of Title 5, Chapter 3A, Englewood Municipal Code 1985.