HomeMy WebLinkAbout2008 Ordinance No. 011•
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ORD!, ANCE NO . lL._
SE RI ES OF 200
BY AU TH ORITY
COUNC IL BILL 0 . 13
INTRODUCED BY COUNC IL
MEMB ER MOO RE
AN ORDINANC E AMEND ING TITLE 5, ~L<\PTER 3B , SECTI ON S 3, 5 AND S, OF
TH E ENGLEW D MUN ICIP AL CODE 2000. PE RTAINI NG TO LIQ UO R
LI CEN SING A D PE RMIT FEES .
WHEREAS, beca use of peri od ic chan ges in these fees, such fees wo uld be better set by
City Council Re so luti on: and
WHEREAS, the setting of th ese fee s by Cit y Co uncil Re so lut ion is co nsistent wnh other
Ci ty fee s which are also set by Cit y Cou nci l Reso lution : and
NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Secti on I . The City Co uncil of th e Cit y of Engl ewood, Co lorad o hereby autho ri21 s
amendi ng Tit le 5. Chapter 3B . Section 3. "Ann ual Licen se Fees and Occ upati on Tax", of the
Englew ood Mun ic ipal Code 2000. chang ing the setting of Liquor Li censing and Pem1it fees
by Cit y Co uncil Reso luti on , to read as fo ll ows:
5-JIJ.J: Ann ual bieeese i:ee!i BRd Ocrt )r,atio n Tax .
A. Am'""' lieon so l<!es sh•II •• ~•i ,', i 1he Gi l;• as ~•• ·ided e; S1a1e law, shall •• ~•iEi
iH eel onee . erul shell HOI he Fe·i.e.,(A or eliseoun10el on o 13reportiono1e hosis for en)
li01m se in e.ti slimee or iss ueel for les s 1hon o) ear. Said fee s s1.J1I he in eddi1i on 10
On) omuml lieen se k!es ar regis1rn1ion fees Fi!flt:1 ire&-le--ee-r•a•ie--~~
B. Th e bu sin es s of selling ot retail nny fcnnent cc malt beve ra ge , ma lt . vin ous or
spirituou s liqu ors. is hereby defined and . ·pa ra tdy cla ss ified us an occ upaii on as
specified bel ow. The fo ll ow ing annual occu pnt1 c taxes arc hereby csinb li shcd :md
shall be paid by the app li ca nt or li ce nsee to th e ( i1y:
TA BLf: INSET :
OCC\/l'AJ ION TAX
I. Rctnil liq uor store SJ00.00
2, Liqu or-lice nsed drug store 300 .00
3 9ccr and wine 45 0,00
4, Hote l and restaurant 650,00
5, Tavern 650 ,00
6, Club 450 .00
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9 b iv
Art s 00 .00
Brew pub 750.00
9. Optio nal pre 1ni scs 650 .00
10. Opticmal prem ises with ho1cl rcs 1:1ura n1 licen se 100 .00 each opti onal
pri:mi scs
II. Bed and breakfa st 00 .00
12. Mini bar 450 .00
13 . All licensees licensed to sell fcn nc nt cd ma lt beverages for 45 0.00 cons umption both on ::;nd off the premises
14. All licensees licensed to sell only fcnn cnted malt bcvcrnges by the 450 .00 drink for co nsum pt ion on th e premi ses
15. All licensees licensed to sell o nl y fcnne nt ed ma lt beverages in th eir 300 .00 origi?~.!I co nt ainers for cons umpti un off the premi ses
Said taxes sha ll he in additi on to th e anm·.al license fees paid to th e Cit y an d th e State
and shall be paicl !)Ti r 10 th e iss u.m ce er renewa l o f th e Cit y license. No refund of :my
rnx pai d in accord,mce with thi s chap ter sha ll be made to any perso n who di sco ntinu es or
sell s his/her business during th e duration o f the li ce nse ; provid ed, howeve r. that 1he new
ow ner of an y establi slun cnt. when :.ipprovcd ns the new lice nsee. shall be credi ted on :.i
da il y basis for any occ upation u,x paid by 1h e previou s owner for th e une xpired 1e n11 o f
the previous owne r's li ce nse.
In add iti on to any oth er remed y provi ded by thi s chapter. the Ci 1y sha ll have th e ri gh t to
recover all sum s due an d owin g under thi s chapter by any civil re medy available un d1.·r
existing law . Furt hennorc. the pro vi sion s of Section 4--4-19, Englewood Mu nicipal Code.
2000. "Unlawful Acts", is inco rpora ted herei n and made applicable theret o.
Sec tion 2. The Cit y Council of the City of Englewood, Co lora do hereb y au th ori zes
amen di ng T itl e 5, Chapter 38. Sec tinn 5. "Fees", of th e Englewood Muni cipa l Code 2000 . by
amending 5-3B-5 and providi ng fo r the setting such Fee s by Ci1y Co uncil Rl·so lut ion.
5-38-5: Annual I icsnsc Fee s.
Ann ual Licen se Fees shall be se t bvCitY Co un cil Rcsolutioi um d Slli1U h.c._ilrn 1
ill]Y,:·•·~
Aj,J>liootie11 l<!e , fur lieonses uha ll lae ~•i•e le te th • Git) as fe ll a ·s:
TABi .E I SET :
I A.,. I ~• .... li eense
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~ TFcm sfe r of l0ea 1i 01~ e f e . .i stin g. li een se
G:--TFAnsfer of e ·nership of e . .i sting li eense
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Change ef eo FJ3 0ra1e s!A:t eture fo r e.ds1ing li ee1t se:
l'ar ea eh ba el·g,a•nd in• es1iga1i 0A e0 1ld•e1ed b) 1ho Gil)' fe, oa eh no · ollieo,,
dire 01er, s1 eel-l,elde, er member efe 0e fjl era1i 0n er limited liability 0e m1i•nr
~ E:1.e1flp1i 0R 10 el nRge ef ea FJ3 0F8te stra eture beelcgroutHi i11 ·estigmi on:
11,--11,i s fee shall A01 be ellBFgod re, a n0np,01l 1 argofiiii!lieft .
,I;--Rene1 ·al of e:i sting li eense
I'. Temp era!}" peAnil ponding 1ransfer af 0 ae,ship
G,-bale fee fe, ,oneo ·al appliea1i0as lilod i1hin niAOI) {9Q) de) s aAo, !he e!lpira1i0A
dale-
11,oso fee s shall be in addi1i 0n 10 RA) addi1i 0nol fee s imp as od by 1h e S1a1e .
Sec 1ion 3. The Ci 1y Co un cil of 1hc Cit y of En glewood. Co lorad o hereby authori zes
amendin g Ti1l e 5. Chaplcr 3B. Scc 1ion 8, "Special Evc ni s Penn i! Fees", of1h c Englewood
Municipal Code 2000. hy amending 5-3B-8 and providin g fo r !he sellin g 1he Fees by Ci1 y
Co un ci l Reso lut io n.
S-38-8: Specia l Events Pei ·mit Fees.
Snccinl Eve nt s Pcnuit Fees shall be set hv Cit>' Co un cil Reso hui on an d shall be in
addition to any fees imoosed hY th e Stat e,
Tho beeal bi eon sing ,~u1h oril) shall i,np ese a foe (per e ·en !) fa r p0S1 ing , ill' es1i ga1i en,
and iss uanee of en~• speeial e 1en1 peRnil a~
A-,_:j:v ·on1y ll ·• (S2 5.QQ) fe , a mall :-ra~
B. Twenly H'"O da ll ars (S ~ffe .QQ fe r a mah. «in eus and spi,i weus Ii~••• peAni1.
Said fee s sh all 1,e in addi1i0 n 10 an) fee s iiM pesod b) 1h e &101 0.
Scc1ion 4. Safely Clnn ses. Th e Ci1 y Co uncil hereb y find s. dc1ennincs. nn d decl ares
lhat thi s Ordinan ce is promul gai cd und er the general poli ce powe r of th e Cit y of
Englewood. 1ha1 ii is pro mul ga 1ed for !h e hcahh , snre1y. and welfare or 1he pub lic . an d
thnt th is Ordi nance is necessary fo r th e preservati on of health and safe ty and for th e
protec ti on of publi c co nveni ence and we lfa re . The Cit y Coun cil funhcr de tennin cs that
the Ordin ance bea rs a ra ti onal relat ion 10 th e pro per legislat ive object so ught to be
ob tain ed .
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Scc1i on 5. Scverabilil v. If a11y clnu sc. sentence. pnra grnph . or pnn of thi s Ordinance
or the app li cmi on thereof to nn y perso n or ci rcurnstnnces shall for nny rea so n be
ndj ud gcd by n co urt of com pc1e111 juri sdic1ion invalid. such jud gment shall not affec t.
impair or in \·nli date th e remain der of this Ordi na nce or it s applica ti on to ot her persons or
circumslnncc s.
Secti on 6. Inc onsis tent Ordina nces. All other Ordinances or ponions thereof
in cons istent or co nfli cting with thi s Ordinance or any port ion hereof are hereb y rep ea led
to the extent of suc h inconsistency or conflict.
Section 7. Effect of repeal or modification . The repeal or modification of any
provi sion of the Code of the City of Eng lewoCY.I by thi s Ordinance shall not rel ease,
extinb'l.lish. alter. modify. or change in whole or in pan any pen alt y, forfeiture , or
lia bilit y. ei ther civi l or crimin al. which shall have been in curred under such provi sio n,
and each provision shall be trea ted and held as still remaining in fo rce for th e purp oses
of 3us1aining any an d all proper actions, suits . proceedings , and prosecutions for th e
enforcement of the pe nalt y, forfei ture , or liability, as well as for the purpo se of
sustaining any jud1pnent, decree. or order which ca n or may be rend ered, entered, or
made in such act ions. suits . proceed ings, or prosecuti ons .
S.~ti on 8. Pen al ty. The Penalt y Prov ist0 n of Sec ti on 1-4-1 EMC shall apply to each
and every vi olation of thi s Ordinance .
Introdu ced, read in full. and passed on first readi ng on th e 19th dr v of February. 2008.
Publ hhc-d as a Bill for a,. Ordinance on the 22nd day of February, 2008 .
Read by tit le and passed on final reading on the 3,. day of March. 2008.
Published by titl e as Ordin ance No. Lt-, Series of 2008 , on the 7th day of March.
2008.
I. Loucrishia A. Ell is , Ci ty Cler k of the Cit y of Eng lewood. Co lorado. hereby ce nify
thnt th e above and forego in g is a tru e co py of t he Ordina nce pa ss ed on tinal reading and
published by title as Ord in ance No . .ll..., Series of 2008 .
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COUNCIL COMMUNICAT ION
Dat e: Agenda It em: Subject:
February 19, 2008 9 a ii Bill fvr an Ordinan ce am ending sec ti ons of
th e Englewood Municipal Code related l o
Liqu or Li ce nsing Fees
Initiated By: Staff SourC<•:
D epartment of Fin ance and Administrative Frank Gryglewic z, Direc tor of Finan ce and
SPrvi ces/City Clerk 's Office Admin is trati ve Serv ices
Kerry Bush , D eputy City Cl erk
COUNCIL GOAL AND PREVIOUS COUNCI L ACTION
City Council has fo ll owe d th e ta l e Statutes to set fees for th P. iss uance of the liqu or li censes and permits.
The fees have not increased i n ove r twenty years. City Coun cil discussed th is issu e at a Study Session held
February 4, 2008 and directed staff to prepare a Bill for an Ordinance th at would allow fo r fees fo r liquor
li ce ns es and permi ts to be set by resolution.
RECOMM EN DED ACT ION
Staff rec ommends City Counc il approve the atta ch ed Bill for an O rdinance amending Title 5, Chap ter 36,
Sec tions 3, 5, and 8 of th e Englewoo d Municipa l Code tr, rrovid e fo r th e se ttin g o f Liqu or Li ce nsi ng and
Permit Fees by reso luti on.
BACKGROUND , ANALYSIS , AND ALTE Rl lATIV ES IDENTIFIED
Se nate Bill 07-149, w hi c h was effecti ve Augus t 0 1, 2007, was "a bill for an act conce rning ac. in crease in th e.
amount of fees loca l jurisdict ions are permitted to charge for alco hol b evera ge relat ed appli ca ti ons." This
bi ll rais es th e ca p on applica tion fees that are charged by a loca l gove rnm en t to issue li quor li ce ns es and
p ermit s.
Th e propose d ordin ance provides for th e Liqu or Li ce nsi ng Fees and th e Permit Fe es to b e se t by resoluti on.
A draft of th e resol uti on se ttin g fees is att ac hed. If thi s ordinan ce is approved, th e propose d;,~ reso luti on
w ill b e included fo r Coun c il 's consid era ti on on th e March 3, 2008 City Coun cil age nda.
Th ere are tim e and labor cos ts associa ted w ith th e processi ng of th e li ce ns es and permit s which include
con stant monit oring, pos tin g, co pyin g, inv es ti ga tin g, fing erprin tin g, cos ts associa ted with hea rin gs and oft en
severa l rev iews or written reminders. Thi s increase w ill help to redu ce th e cos ts associa ted w ith th e
iss uance of the li ce nses and pe rmit s.
FIN ANCIAL IMPACT
This ac ti on will all ow LIS to set fees, inc reas 111g revenu e to help offs et th e cos ts involve d (C ity staff labo r and
proces sing costs) in processi ng liquor li cense s.
LIST OF ATTACHMENTS
Minut es fr om Liqu or Li ce nsing Au th ori ty mee tin g of D ce mber 19, 2007 reco mmending approva l
Copy of Sena te Bill 07-149
Draft of Proposed Reso luti o n fo r Marc h 3, 2008 M ee tin g
Bill fo r an Ordinance
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1, Call to Order
ENGLEWOOD LIQUOR L lCENSING AUTHORITY
Regular Meeting
December 19, 2007
The regular meeting of the Englewood Liquor Licensing Authority was called to order at
7:00 p.m., by Chairperson Lunders In the City Co un cil Chambers.
Roll Call
Pres ent:
Absent :
A quorum was present.
Also Present:
Mem bers Buchanan, Jensen, Lunders, Reid, VanDerleest
None
Assistant City Attorney Comer
Deputy City Clerk Bush
City Clerk Ellis
Finance and Admlnlstratlv~ Services Di re ctor Gryglewlcz
Police Commander Watson, Safety Services
2, Consideration of Minutes
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE Tl-IE
MINUTES OF THE TELEPHONE POLL OF DECEMBER 05, 2007.
Vote Results:
Ayes : Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays : None
The motion carried and the minutes of the telephone poll were approved .
3 , Public Hearing
a) The Authority rec eived an application for a new Tavern Liquor License for Ar ~11a hoe
Home Assoc iation, 3800 S. Windermere St., Englewood , CD 80110 .
MEMBER VANDERL'EEST MOVED, AND MEMBER JENSEN SECONDED, TO OPEN A PUBLIC
HEARING TO CONSlDER All APPLICATION FOR A TAVERN LIQUOR LICENSE FOR
ARAPAHOE HOME ASSOC!ATION, 3800 S, WINDERMERE STREET., ENGLEWOOD, CO
80110.
Vote Results:
Ayes: Members Buchanan, Jens en, Lund ers, Reid, VanD erleest
Nays : None
The motion carried and the hearing wa s opened.
Roll Call
Present:
Ab sen t :
Also Present:
Members Buchanan, Jensen, Lunders, Reid, VanDerleest
None
Assis tant City Attorney Comer
Deputy City Clerk Bush
City Clerk Ellis
Fi nance and Administrative Services Director Gryglewlcz
Police Commander Watso n, Safety Services
Chairman Lunders said that there is a quorum present. Chairman Lu nders made the following
statement: everyone wishing to speak in favor of or oppositio n to this appilcation will be hea rd .
Ail tho se In favor In prese nting the application will be heard first . Anyone present wishing to
oppose the application shall be given the op portunity to spe ak ~fter the applicant 's presentation.
Deputy City Clerk Bu sh Introduced the following City Exhibits :
City Ex hibit A
City Ex hibit B
City Ex hibit C
City Exhibit D
City Exhibit E
City Exhibit f
The Appli cation for Arapaho e Home Association
Individual History Records for Fred Whitehurst and Charles Connor
F1oor Plan of prem ises and floor plan compliance statement
Fln~ncial Questi onnaire
Quit Claim Deed
A letter from Kerry Bush, Deputy City Clerk for the Ci ty of
Englewood, dated December 07, 2007, to Frederick C. Wh itehurst,
advising him of the status of the application and gi vi ng notice of the
public hearing .
A publisher's affldcvlt, verifying that the Notice of Public Hearing was
published In the Englewood Herald, on November 16, 2007.
A note, dated November 01, 2007, from Brook Bell, ~.anner for the
Englewood Office of C.ommun ity Development, verifying compliance
with zoning and distance requirements.
Proof of Posting of Affidavit
Map of the designated neighborhood Indicating:
a) Neighborhood boundaries at Floyd Avenue on north , Stanford
Avenue on south, Zuni Street on west, Delaware Street on east .
b1 The applicant's location, highlighted In green , at 3800 S. Windermere
Street
c) No other Tavern Liquor Licenses are currently located within the
neighborhood boundaries .
Applicant Exhibits
a) none
Protesters Exhibits
a) none
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Chairman Lunders asked If there was anyone here to speak <,r· oehalf of this application.
Fr ederick C. Whi te hurst was sworn in by Deputy City Clerk Bush. He said first of all, I want to
thank you guys for your t ime . You do a great Job and we all appreciate It. Council 3340, Knights
of Columbus, has been In this facility since 1970 under a club license . In order to facilitate some
revenue In, in order to do this ... rent the facility, It Is easier for us to comply with the laws of th e
state to apply for a tavern license, so that's why we have done It. We have applied so that It
wou ld be easier for us to comply with state laws , liquor laws, and to rent the facility so that we
have revenue coming In from the rentals. For that rea son, we are applying for a tavern license. •
En gle wood Liqu or licensing Auth ority
December l 9, 2007
Page 2 of 14
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Cha irman Lunde rs asked if you had people that you wished to presen t?
Mr . Whitehu rst sa id not if we don 't ha ve to.
Chairman Lunders sai d okay.
Mr . Whitehurst said we are all members of the Council (pointing to so me memb ers In the
audience). I t Is tucked away In an area that doesn't...noth lng has changed in th e way we do
business; we ar just ch anging the type of license. Ev eryth ing else is stay ing th e same.
Chairmar, Lunders sai d okay .
Charles Conn~r was sworn In. He said I j ust want to comment about what Fred said. The
Arnpahoe Hom e Assoc iation Is an adjunct of the Knights of Columbus organization. We are a
charitable organization . Previously, we had plenty of Income coming In from the bingo situation .
We were doing very well with that. But since everything that has been going on up in the
mountains, we 've been chased out of the bingo and we're really straining for charitable money to
distribute to our charltiF.s. To do that, at the present time, we find that renting our hall under our
supervis ion will bring In some money to help alleviate that. That's why we are asking for the
tavern license becaus ,i the club license re stricts the number of events we could have. Thank you .
Cha irman Lunders a5 ked the Deputy City Clerk If everything was In order.
Deputy City Clerk Bush renlled that everything Is In order. They submitted all of the documents
in a timely manner, were very easy to work with and we did not rece ive any compla ints , protests
or opposition regarding this heari ng or this application .
Chairman Lunders said we have two new members on the Authority : Mr . Reid and Mr . Buchana,'.
I am going to ask if anyone has any questions for this appllcan !'/ Dan, do you ha ve anyth ing?
Member Jensen asked what are yo ·Jr hours?
Mr. Wh ltehu r.-:'. said we have the hall ava ilable for rental pretty much seven day a week,
excluding tl m~s ~,hen our Council uses It as a private function . We don't have any per se tavern
hours . It's ba sl cally ... our Council meetings are the first and third Tuesdays and we are always
there then . But as we rent It, that's going to be available . Weekends primarily . Fr iday , Saturday
and Sunday, mo stly Saturdays .
Ch airman Lunders asked P.ob yn If she had anyt hi ng .
Member VanDerlees t said yes, I h•vc a coupl e of qu es tions. When you allude to what's going on
in the mountains, I want to be clear, are we talking about Black Hawk or Centra l City?
Mr. Whitehurst said yes.
Member VanDerlee st aske d do you alre,,j y have an increa sed number of events sche dul ed In
antici pation of receiving this license?
Mr. Whitehurst replied yes. We have put a pretty good effort i,1to renting the ha ll to bring In
some funds . I might add that the monies go back to the cha rities ; we don 't keep anything for
ourselves. So It will go Into Englewood and Littl eton charities. We are a non-profit.
• Chairman Lunders asked if Mr. Buchanan had any qu es tio ns .
Englew ood Liquor Li cen sin g Authority
Dl :em ber 19 , 2007
Pijge 3 of 14
Member '3uc hanan asked if members of your organizatio n wi ll ope rate the fac ility when It is
rented out or will the gro u ps be bringing In th ei r own catering staff to se ,-, 'he liq uor? •
Mr . Whiteh urst repli ed tha t we do it all . Som eti roes the grou ps wi ll bring in th e ca terers when th e
hall Is rented ou:. The hall Is bas ically rente d ou t. We ha ve mem be rs of our own Cou nci l as
bartend ers. We do provide security , arm ed sec urity, wio ~n th e hall Is rented out. Th ere nee tim es
when church groups rent It w hen we don 't have armed set'J rity .
Chairman Lund ers asked If they wil l be operating the license, the liquor distribu tio n, within the
cl ub, When you rent It out, there may be oth er people doi ng th e food but all of the alco hol will be
don e by ...
Mt. Whitehurst said yes , the Arapahoe Home Association will be serving all of th e liquor.
Ch ai rman Lund ers sai d good. I was curious about t hat too . Mr. Reid , do you hav e anything ?
Member Rei d said : was wondering about wh at sort of ad vertis ing you are going to do? Were you
going to do anything wi th the Internet or Is this Just pretty much organizations find you and then
they ....
Mr . Whitehurst replied ye s sir. We advertise In church bulletins and throughout Englewood.
other than that, that's all we do .
Memb er Reid said advertl~l ng can break your budget. Understood. Okay.
Member VanDerleest asked who provides the armed sec uri ty ? Do you contract with the police
department or do you have a private firm?
Mr . Whitehurst answered we contract out to Denni s Bre nning ,
Mr . Conner Sijl d De nnis Brenning Is a retired poli ce officer from Den ver. He do es an exce ll ent job
and a good job for us , He 's sma,t.
Member VanD erleest said thank you ,
Chairman Lunde rs asked if the Ass is tant City Atturney had any questions for this appli ca nt and he
did not. He then asked If anyone In the audience had any questions regarding thi s application .
There were none . Chairman Lunders asked If there was anyone In opposition to this li ce nse and If
th ey would like to com e forward and speak. There was no on e, He said the chair would accept a
motion to retire Into executive sessi on for consideration on this application.
MEMBER VANDERLEEST MOVED, AND MEMBER REID SECONDED, TO RETIRE INTO
EXECUTIVE SESSION TO CONSIDER AN APPLICATION FOR A TAVERN LIQUOR LICENSE
FOR ARAPAHOE HOME ASSOCIATION, 3B00 S, WINDERMERE STREET,, ENGLEWOOD, CO
80110.
Vote Res ults:
Ay es: Memb ers Buchanan , Je ns en, Lunders, Reid, VanDer l ees t
Nay s : None
Th e motio n ca rri ed and the meeting was adjourned at 7 :26 p,m , to go Into executive sess ion .
The meeti ng reconvene d at 7 :32 p,m,
Engl ewood Liqu or licensing Au thori ty
Decembe r 19, 2007
Page 4 of 14
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• Roll Call
Pre se nt: Memb ers Buch anan , !ense n, Lund ers, Rei d, Va nD erL eest
Abs ent : Non e
Also Present : Assl sta,,t City Attorney c ~,ner
Deputy City Clerk Bush
City Clerk Ellis
Finance and Adm inistrative Services Director Gryglewicz
Police Commander Watson , Safety Services
Chairman Lunders stated that there were technical difficulties with the electronic record ing
e~ulpment so the Authority discussed procedures with the new members of the Authority and
how the Authority operates. Since there wasn't proper recording equipment working, we could
not have an executive session. Nothing regarding the hearing or license was discussed during
this time .
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO APPROVE THE
APPLICATION CHANGING THE LIQUOR LICENSE FROM A CLUB LICENSE TO A TAVERN
LIQUOR LICENSE FOR ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110.
Chairman Lunde rs asked If there was any further discussion. There was none.
Vote Results:
Ayes : Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays : None
• The motion ca rried and the application was approved.
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Voting reasons were given by eac h member of the Authority.
Member VanDerleest said I think you were able to show a needs and desires to change from a
club license to a tavern license . You have a plan to go forward with that action. Good Luck.
Member Jensen sa id there's no opposition for your license to be changed . He said I think you
have a good performance record over the years. I don 't think you'll have any Impact on the
neighborhood, and that's why I 'm approving your license .
Member Reid said everything In the pac ket here displayed to me that it meets the qualifications
for such a license and that's why I approve It.
Member Buchanan said I just reiterate what the other members have stated already . You have
show n the needs and desires for the community.
Chairperson Lunders said and I, as Chairman , also concur with the other members and their
reasons . At this tim e we wil l clo se the public hearing and there will no further discussion with any
of the members with the Authority regarding this application or license from this point.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO CLOSE THE
PUBLIC HEARII\JG FOR ARAPAHOE HOME ASSOCIATION, 3 800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110.
Vote Results:
Ayes : Members Buchanan, Jensen, Lunders, Reid, VanD erLeest
Nays: None
The motion carried and the public hearing was closed .
En g••.wood Liq uor Licensing Author:ty
Occc:mber 19, 200 7
Page 5 or 14
Chairman Lund ers sa id co ngratulati ons , and good luck .
Both Mr. Whitehurst and Mr . Connor said thank you .
4 . Renewals
a)
b)
Fraternal Order of Eagle s
3780 -90 5. Jason St.
Los Portal es Mexican Restaurant
3487 5. Logan St.
Cl ub Liquor License
Expires De cembe r 31, 2007
Ho•el/Restaurant Liquor Licen se
Expires January 22, 2008
Cha irman Lunders asked If there was any dlscussioe.7 There was none.
MEMBER VANDERLEEST MOVED, AND MEMBER REID SECONDED, TO APPROVE THE
RENEWAL FOR FRATERNAL ORDER OF EAGLES AND FOR LOS PORTALES MEXICAN
RESTAURANT.
Vote Results :
Ayes : Members Bu chanan, Jensen, Lunders, Re id , VanDerLeest
Nays : None
The motion carried and the renewdls were approved .
s. Special Event Permit
Museum of Outdoor Arts
1000 Englewood Parkway
for an event to be held on April 4, 20 08 from 4 :00 p .m. -9 :00 p.m.
(This is replacing an event that was scheduled on March 7, 2008.)
Chairman Lunders asked If there was any dlscusslcn? There was none.
MEMBER VENDERLEEST MOVED, AND MEMBER BUCHANAN SECONDED, TO APPROVE THE
SPECIAL EVENTS PERMIT FOR THE MUSEUM OF OUTDOOR ARTS,
Vote Results:
Ayes : Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
N?ys : None
The special event permit was approved pending the ten -day posting of the property and with the
public hearing date of January 2, 2008, which will be vacated If no written protests to the
Issuance of th e permit are received by th e City Clerk, during th e ten-day posting . Neighborhood
boundaries are set at of Yale Avenue to the north, Oxfc,rd Av enue to the south, Broadway Street
to the east and Santa Fe Drive to th e west.
6. Change of Corporate Structure
a) Fraternal Order of Eagles
Club Liquor License
Change of officers
3780 -90 S. Jason St.
Chai rman Lunders asked If there was any discu ss ion? There was none .
Engl ewood LIQuC\r LI C';i'Slng Authority
December 19 , 2J07
Page 6 or 14
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MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE THE
CHANGE OF CORPORATE STRUCTURE FOR THE FRATERNAL ORDER OF EAGLES.
Vote resu lts :
Ayes : Members Buchanan, Jen se n, Lunders, Re id, VanDerLe es t
Nays: None
Th e motion carried and the Cha nge of Corporate Structure wa s approve d.
7 . Modification of Premises
a) The Falcon
3295 S. Broadway
Chairman Lunders asked if there was any discussion?
Member VanD erLeest said I have a question. I was looking at both maps and I can't tell where
the seating Is on the new one.
The owner of The Falcon , Steve Schalk, was present In the audience . He came up to the podium
and pointed out, for the Authority, where the seating would be. All mem bers were satisfied with
his explanation. He told them that the seating will be mobile and that It will be tables and chairs .
Chairman Lunders asked If th ere was any other di sc ussio n? Th ere was none.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO APPROVE THE
MODIFICATION OF PREMISES FOR THE FALCON.
Vote results :
Aye s: Members Bu chanan, Jensen, Lund ers , Reid, VanDerleest
Nays : None
Th e motion carried and the Modification of Pr emi ses was approved.
a. Citizens' Forum
a) Police Commander Sam Watson gave th e Deputy City Clerk copies of
handouts for the Authority . Both we re titled "En glewood Poli ce Department, Call for Service
Report -3262 S. Broadway, January 1, 2007 to Nove mber 5, 2007." Po lice Commander Watson
said good eve nin g. My name Is Sa m Watson and I am a commander of the police division . Th e
reason I 'm here is to talk about The Gothic Theatre. I've handed out two sep~rate documents.
The reason I'm here is we, the pol ice division and the team lea d, review reron:s In areas of high
ca ll service, high crime areas, high calls for service . We look at those and , 'I to com e up wilh a
plan to reduc e the seriousness of the calls, the number of calls. The two reports that I have; one
Is a single pag e r eport that sho ws from January of this year to Nov embe r 5 of this year, the total
calls to that location when It is broken down Into generic categories . Th e seco nd handout that
I 've give n out is alittle bit more detailed of thor~ same calls; ba sic ally, some Information on the
dates and times, the incident, and a brief summary . Th e numb ers you see , th e CFS number and
the DR number, are Internal numbers that relate to the reports that are gene rate d by the polic e
division. In the review of these reports, we show 108 calls to the location . 16 of these call s are
direct ly related to al co hol. I have actually pulled thes e reports. They are quite cumbersome to
rea d but I have the reports th emselves and a brief summary If anyon e would like them . Th ere
are some additional call s t hat are medica l related calls that mo st likely are alcohol related bu,
because of HIPAA rul es, we're not allowed to ... we don 't even have access ... the police doesn't eve n
ha ve ~ccess to t :,at type of Information, so th ere might be some more through the fire division;
ambulance type calls where people are sent there. The rea son I'm here is that I want to make
eve rybody aware of these calls. I'm not sure ... thls Is my first appearance In front of the Liquor
Autho rity. I'm not sure If there Is any conseq uences, If there is any sanctions, thut you ... if you
have any more qu estio ns ... lf yo u need anything more from the police division as far as
En glewood Liquor Licensing Aut hority
Decembe r 19, 2007
Pa ge 7 of 14
informat ion on th ese ca ii s .. .l f yo u 're Interested In that. I'm not su re. I 'm Ju st here to an swe r any
questions and to bring this forward. We ha ve met wi th th e managem en t of Th e Got hic , altho ugh •
I would not say on a regular basis but a perio dic basis and reviewed these. In my op inion , a lot
of the issues and conce rn s continue . Our police officers go there on a regular basi s. Qu ite a few
of t he call s are alcohol related . We've had damaged property, police cars being damag ed from
t hrown rocks and bottles . We've had off•:~rs Injured during fights. Foot chases. DUl's. DUI
accident;. All related to The Gothic. And again, our approach from the police divi sio n Is a multi-
ti ered app ro ach. The probl em , again, is mee ting with th e manag ement. Th e other one is to
prese nt thi s Information to th e Authority. So , I 'm here to answer any qu estio ns or provide any
more Information If anyone fee ls it Is appropriate or I can come back at another time and answ er
quest ions.
Memb er Va11Derleest said I have a co uple of que stions . I 'd li ke to loo~ at th e reports that are
alcohol related. Will you get me a copy ? Al so , do you think that there is a po ss lblllty that they
are over se rving ? Is there a violation of over se rving or servi ng Juv eniles? Those are area s that
we can sa nction.
Police Commander Watson replied th ere are some juveniles Invo lved In the reports . What I 've
asked the police officers to do, those that work swi ng shift and graveyards, Is to try to take more
of an active approach during their Investigation of these calls to determine where the people were
drinki ng. It's one thing, I know, to say that people are contacted outside or Inside of the
establishment and they are Intoxicated. It's another thres ho ld to show that they were actually
served !nslde the esta blishment so I 've asked the police officers to take a more active approach In
questioning the people that they are contacting . Some of th em are pretty Intoxi cated yet I think
It's reasonabl e to ask t hat question. So that's the ne xt approach. I 'm not sure If that answers
your question.
Member VanDerleest said It does . She asked what do you propose wou ld help th is si tuation?
Poli ce Commander Watson sai d I 'm not sure . I'm not sure . My goal Is to work through this
problem us ing as many resources as poss ible : the police department, the own ers of the
establishme nt, the management of the establishment. The community Is Impacted . The
surrounding businesses are Impacted . There are parking Iss ues and you can use ... draw as many
of those people to into the problem so lving as we can .
Member VanDerleest asked on any given nig ht, how much of th e police re sources does thi s tie
up, do you esti mate?
Police Commander Watson sa id It's situa tional depend ing upon tI1~ type nf call. Th<!re w, s ... the
most recent Inc ident t hat I have In the report ... lt took every poli ce officer In Engl ewood . vV e had
Denve r police officers, quite a contingent from Denver. We had Sheridan and we had Arapaho e
County offi ce rs .
Member VanDerl ezst asked I' th at was thi s year, 200 7, or wa s It In 20067
Police Commander Watson sai d th ey had deputies with their can ine un its with th em . He sa id
that was Just a month or so ago ... Hall oween night, October 31st . Fairly recent. Actually , I had an
officer Injured at that Incident.
Memb er VanDerleest asked if It was serious ? Is he oka y?
Po lice Commander Watso n sai d yes, he's ba ck on duty.
Englewood Liq uor Licensi ng Auth ority
Decembe r 19, 200 7
Page e or 14
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Chairman ' unders asked If there had been any ticke ts or summons Issued by the Engl ewood
Poli ce Department to The Gothic Th ea tre or its employees for an y liquor violations?
Police Commander Wa tso n said no si r. Not In th e review of the reports from 2007. There ha ve
bee n tickets Iss ued and enforce ment action taken to P•tron s of the bar or th e establishment,
peo pl e outside but nothing to the management or to the es tabli shm ent Itself.
Chai rman Lunders said correct me if I 'm wrong but the Auth or ity would hear and hav e heari ngs
relative to any violations of the application of the li quor license at that location . It sounds like
there Is the po ss ibility of some disturbances and nu is ances and what an, but I don 't think It comes
under the Jurisdiction of thi s Authority . I 'd like to get some advice from the legal authority here.
t \ssls tant City Attorney Comer said the Authority should be aware that there is a probl em but If
there are no liquor law violations, It rea lly doesn 't hav e th e pow er to enforce ...
Cha irman Lunders said we have no Ju r isdiction If there are not any liquor violations. It so unds
like there may be some problems .
Poli ce Commander Watson said I'm not sure what the scope of the Authority Is, wh en It relates to
peo ple that are ln~lde the establishment that are In' 0 xlcated and then leave the establishment
and cause problems . There are reports that show that people who were Intoxicated to the point
tha1· they were kicked out by security from Inside the establishment and then came outside and
crea ted problems . DUI 's, chases when they are driving fast down the street, fights , medical
related calls when an ambulance had to be called ... taken to the hospital because they are
Intoxicated, officers taking them to detox, so I'm not sure. That's one of the reasons that I 'm
here Is to seek help and to see If the scope of your Authority, If there may be Jurisdiction In these
areas , th en I'm looking for that type of help . If ft Is not, then oc , next step Is to try to tie In the
alco hol violations more closely related to be ing served Inside the establishment and make that
connec tion .
Chair man Lunders sai d but you think, If I understand this correctly and the As si stant City
Attorney can correct me If I 'm wrong, If the establishment and their employees hav e cut someone
off and the secu rity or who ever has cut them off from con suming alcohol or Is Intoxicated and put
th em out of th e build ing , th en I believe that the owner of the license is operating correctly by
cu tti ng off the Intoxicated person . Now that person gets outside and bec omes a problem, the
owne r acted correctly by cutting them off and having them leave the es tablishment. I don't know
wh ere th e line Is on som ething like this .
Assis tant Ci ty Attorney Comer said well, If It can be shown that they are serving Intoxicated
persons th at co uld po ss ibly be a viol ation of the li quor license . If It can be proven that th e person
se rving se rved an In toxica ted person, they knew that that person was Intoxicated, th en that could
po s! · ,ly be a vio lation or th e liqu or license. If they are serving someone under age, obviously
th at 's a vlofatlun of the liquor li ce nse. Those things can be brought to the Liquor Autho rity. But
th • Chairman wa co rrec t If som eon e Is Intoxicated, the personnel at the venue decides that that
person canno t be se rved an y more alcohol, they can cut them off at that point . They 've don e
wh at th ey arc uppo se d to do und er the liquor license. If that perso n then creates a disturban ce
Insi de th e venu e, then they can also be re moved from there. Onc e they are outside,
unfortunately , th e ffquor ff ce nsee really has no ... they are done . That's part of the liquor license.
It' part or th statute, und er th e Colorado Statute.
Police Co mm ander Watson sai d so what I 'm hearing you say th en sir Is that there Is no
respo nslbflf ty from somebod y th at's been remo ve d be cau se of Intoxic ation from Inside th e
es tabff shm ent, moved ou tsid e the esta bli sh men t...there's no respon si bility fo r them to ca ll the
poli ce, to ca ll th ...
Englewood LI uOf uccnslng Aulhori tv
December t ?, 200 7
Pa gc9of 1,1
As lslant Ci t y Attorney Comer sa id tha t 's enti rely up t o the licensee, if th ey wish to ca ll t he police.
Police Co mmand r Wat son con t inued say ing ca ll the m edi cal services o r call for a sob er perso n to
given ride l oo l th, person home. The Authority , from v-hat I'm hearin g you say , from your
Liquo r Li cen si ng Aut hority , Is end d at th e po int from when th ey removed them from th e ba r .
A sisl an t Ci t y At torney aid tha t 's co rrec t.
Police Com man de r Wa l son sai d oka y.
Cha irman Lund crs sa id it become s a stick y thing , and I use a his tory t hing relative to the City of
Eng lewood . At on e time th e re wa s a pl ~ce ca ll ed Paddy Boots, up on Broadway . And one night,
the police department was ca ll ed and they found a dead lady In the dumpster. I 'm not trying to
be ca llou s or anyth ing , but just because you have a dead lady In a dumpster Is not a liquor
v iolation . So th is Authority, I mea n we ca n hear It, but we have no Ju ri sdictio n If It Is not alco hol
related . It ha s to do with Intoxication and se rving and such as that. I mean It Is trag ic that the
lady died and wa s In a dumpster but It Is a sticky thing . Wh ere do we becom e Involved as the
Liqu or Authority? We ne ed you to site someone , ob serve someone servi ng someone
intox lcated ... when that happens, then bring them before the Authority.
Assistant City Attorney Comer said then we could do a Show Cause .
Chairman Lunders said we could have a Show Cause Hearing. But It needs to be a liquor violation
before we rnn become involved .
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Police Commander Watson said I see what you're sayi ng : It Is alcohol Invo lved but It Is not a •
liquor violation . What we are looking for Is a more active Involvement from the manag ement In
helping us before It creates a bigger problem , by actually calling us whe n they kick people out, by
ha vin g the proper staffing because they do se rve alcoho l ... ha vl ng the proper staffing on hand that
can help manag e the crowd . Th ey can keep people off of Broadway so we don 't hav e to close
down Broadway because so many people are outside that they are a danger to them se lves. Th ey
could work the crowd right o utside of the es tablishment when It close s down so if peopl e are
Intox ica ted or the crowds are out of hand, we can actively be part of the solution in stead of being
an establishm ent that ha s a pro blem. A lot of lt...some of It Is be cause of alcohol. And then when
th e problem Is created, Just pu sh It out on the street and then say it's your job , a police Job, now
fi x the problem, which I find frust rating with t he resources that we have in the police division . A
lot of nights we may have four officers working ... maybe five on a good night or six, and all of
th em are ti ed up, and ail of them are t ie d up on a regular basis and we neglect what's going on in
the other parts of the C'ty . We have 30,000 other people that live In the City and oth er
businesse s that need to be se rv ed but we ca n't. We have office rs that are clearing oth er types of
calls, se riou s ca ll s, domestics and other fights, and th ey have to go and respond to thi s area on a
regu lar basis . It Just hasn't be en once but on a regular basi s. So I know ... und erstand wl1 at you
are saying and we are looking for more active partici pation from the man agement, from the
own ers, t o help us so lve the problem . And I kno w, I know , and these reports refl ec t that, and
t hat 's why I come to the Board ... to th e Authority Is because alcohol plays a part in It. And I do
und erstand what you are say ing and we'll continu e to work . We'll call mee t ings with the own e rs.
We 'll do every thing that I 've mentioned before as far as tying th e drink ing into the bar Itse lf. Th e
offi ce rs ca n do a bette r job docum enting that . We'll continue to do all that.
Member VanD erleest said at th is point Commander, It ha sn 't ri sen to a level that we can apply
sanctions. I like that this has sparked dialogue and I think that the owner Is definitely interested •
In help,ng to gain community support. I am also defin itely Interes ted In getting the Englewood
Police Department a little bit more aggressive In enfo rci ng liquor laws ac ros s th e City, not Just
Engle wood Liquor Li censing Authority
December 19, 2007
Page 10 of 14
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necessarily at The Gothic. And so, If yo u don 't mind sticking around after the meeting , I would
like to di scuss th.it with you and possibly look at ho w we can get this to a leve l wh ere It ne eds to
be , so that we can sa nctio n If sanctions are needed. How eve,, I do encourage that there Is a
dialogue, defin ite communication, so that we ~os't have to go that far .
Chairman Lunders said I have a question for the Assistant City At torney. Und er the State
Statutes that reg ula te the operation s of the establishme nt serving alcohol, If that estab li shme nt
during the process of serving alc ohol, creates a public nuisance, Is th ere anything In th e statutes
tha t can Invol ve the sta tu s of the lice nse?
Assistant City Attorney Comer sa id I understand but I wou ld have to researc h It.
Chairman Lun ders sai d If It Is t hat the operator of the license Is, as he sa id, putting people out on
the street, creating a publ ic nu isa nc e, Is It covered und er the State's Liquor Statutes?
Assistant City Attorn ey Co mer ~ai d I would hav e to look It up . I don 't have the Information at my
fingertips.
Chairman Lund ers said so I don 't know If we have any JurlsJlctlon or not. Dug an ca n figure It out
and possibly get back to you.
Member Jen se n said, Mr . Chairman, I t hi nk that there Is some language that addresses habitu al
drinkers and It Is against the law to serve a hab itual drinker.
Chairman Lunders said but then wh ere does It say we have to ...
Member VanDerLeest said that person already has to be Identified as a habitual dri nker, under
the statute.
Me mber Jensen said I know the City of Englewood and maybe they still do this, would send
somebody from your department In to talk to the ~tv, ~ or bar and talk to the all of th e employees
and go over with them what a visibly l ntoxlcaterJ person Is and how to address different problems
chat you might run Into, and I believe that they still do It .
Member VanDerLeest asked If th ey were requi red to have t hat training and was Inform ed that It Is
not required but highly recom mended.
Commander Watson sai d we would be happy to do It. He sai d have In the pa st but i couldn't tell
you If we've don e t hat at The Got hic . We've done It In the pa st for other parties.
Chairman Lund ers sai d it seems to me, from what you have sai d, that th e operators of the
establishments , are cutting off the patrons and putting t hem on the street, so to speak .
Comn,ander Wat son said that Is one sce nario. I 'm not saying that happens but that has been a
scenario .
Chairma n Lunders sai d like Du ga n says , techn ica lly, If that's what the op erator is doing, they are
comply ing with th e statute. I don't kn ow w hat the answ er Is and perhaps If the esta bli shment Is
causing a public nuisance, then I don 't know If we can be Involved or if we can't. Do you
und erstand what I'm saying? That Is so mething that ha s to be determined through the statute,
, ::t what we think or don 't th ink. We don 't operate that way. We can only operate by what th e
rule book says, what the statute says .
En glew ood Uquo r Ucensl ng Aut hority
Dece mber 19 , 200·.
Pa ge 11 of 14
Commander Wa t so n sai d I und ersta nd that. Again , just to backtra ck, my re ason for coming here
was to present th is to you and see If it fall s Insi de the scope of yo u r aut hority an d If it did , th en •
the nex t quest ion wo uld be Is If there Is anything th at you can do to help . So I appreciate thi s.
Cha irman Lund ers sa id we apprecl3te you getting us up to speed on what, eve ntu al ly , po ss ibly, a
problem that may be going on there. It may take awhi le, but Dugan can find out where we stand
and what we can do or can't do . Needle ss to sa y we ha ve to operate by the law.
Member VanDerleest asked do you have time to wa it Commander? If not, th en I can give you a
ca ll .
Commander Watson said yes. That's fin e. Thank you.
Chairman Lunders asked If anybody el se have anything to say rega ,·dlng this?
Steve Schalk, owner of The Gothic, sai d we ha ve had a liquo r license, there at The Gothic, since
1999 and we've had a close relationship with the police depa rtment and the fire department. I
don 't feel as If we've had a very close relationship in the last coup le of years, qu ite honestly.
These miJtters have not been brought to our attention . I even contacted Jeff Sanchez a couple of
months ago regarding the level of communication and such . Kerry called me and let me know
that we were on the agenda. I wanted to come down and find out what was happening . I'm
Inte rested In having those meetings and I wish we would have had a meeting before this one. I
don't know what the paperwork Is or what It Isn't. I do know what happened on Halloween and It
was a bad situation . So I would like to have those meetings. I'm always available . Kent She lton,
my manager, Is available. Greg Zaransky, another manager, Is available . My door and my phone
are always open and you can please contact us and let's have a meeting. I mean, you said that
you've had meetings with us and I don't know you. I know mo st of the people over at •
Englewood. I don 't know . I'd like to have these meetings and see what It Is that's happening and
try to address these Issues.
Chairman Lunders said let me say this. At th e present time, we are becoming aware of a possible
problem . I don't believe the Liquor Authority Is or can be Involved unless there Is something In
the statute that tells us we can. I would suggest, and this Is my personal suggestion, nothing to
do with th e Authority, it might be a great Idea If you folks from the establishment and the folks
from the Englewood Police Department be able to get together and have a meeting, sit down and
possibly work out some of the problems that may be out there. I can 't ord er that but I am
sugges ting It. The way life works sometimes Is that It Is much better to cure a problem before It
grows Into a mad dog.
Mr . Schalk sa id I cou!dn't agree with you more .
Chairman l.unders said thanks for coming.
Mr. Schalk said absolutely.
Chairman Lunders said does anyone on th e Authority have anything to discuss relative to this?
Member Reid sai d from w hat we've discu sse d here, we don 't have the ability to set limits on
what's go ing on and they 're not In violation so I think at th is poi nt, It is not at Issue by State
Statute. So unless the Assistant City Attorney finds something different, I th ink our sessi on with
this parti cu lar Item number Is absolved. Is that the correct way to put It?
Chairman Lunders said I think then we 'll put aa end to this particular Item and Dugan can
research It and possibly get with the Police Department and th e operators of th e licen sing
Englewood Liquor Licensing Aut t"Jrity
December 19, 2007
Pooe 12 of 14
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establishme nt. Ir there is something th at in vo lves us, I 'm sure we'll be more than happy to let
everybody know .
9. Clerk's Choice
a) Depu ty Cl er k Bush pointed out a change tl1at has be en added to the Specia l
Events Questionnaire regarding th e required exp lana tion for th e location of an eve nt , not in an
already licen se d esta bli shm ent and thus the need for a Special Even t Permit. This Is regard ing
C.R.S.§12-48-103(2)(a) [Colorado revised Statutes]. She Informed the Authority that this had
bee n di scussed with Assistant City Attorney Co mer and that the questionnaire was a good place
to place the question. This Is was for the Authority's Information only .
b) Rates Increase
Deputy Ci t y Clerk Bush said this ha s to do with rate increases. Senate Bill 07 -149, which went
Into effect on August 1, 2007, Increases the fees for certain applications, transfers, renewals and
special eve nts permits . She said we are one of th a very few munlcipalltles that have not yet
increased our fee s to match the allotted amounts. What I am looking for from you Is a
recommendation that this proceed to City Council for approval of all of the rate Increases.
Chairman Lunders asked If there was any discussion?
Member Buchanan asked If we are recommending the rate Increase or If we are recommending
that Council consider raising the rates?
Deputy Clerk Bush answered that the Authority wou ld be recommending that the Council con si der
and approve Increasing the fees for the new applications, transfers, renewals and special eve nt
permits according to the amounts sta ted In Senate Bill 07 -149 .
MEMBER JENSEN MOVED, AND MEMBER VANL'IERLEEST SECONDED, TO RECOMMEND THE
RATES INCREASE BE PRESENTED TO THE CITY COUNCIL FOR THEIR CONSIDERATION.
Vote results :
Ay es: Memb ers Buchanan, Jensen, Lunders, VanDerLeest
Nays : Me m ber Reid
The motion carried and the recommen dation will be presented to the City Council.
c) Distance Change
Deputy City Clerk Bush said this last thing Is a distance change that I would like you to
recommend to City Council so that all liquor licen ses have to comply with the five hundred foot
distance requ irement that currently only malt, vinous or spirituous liquors must co mply with .
This recommendation would include having fermented malt bevernges and /or malt liquors now
com ·~ly with the same five hundred foot di s .ance requ ireme nt . I am looking for con sis tency for all
liquo• licenses . The distance requirement Is for any premises lo cated within five hundred feet of
any public or parochia l schoo l or the principal campus of any college, university or se minary . The
measurement of the distance will not change. Those who currently have a fermented malt
beve rage s and/or malt liquors wil l be grandfathered and this will on ly effect new applications or
tran sfers.
MEMBER JENSEN MOVED, AND MEMBER REID SECONDED, TO RECOMMEND THAT THE
500' DISTANCE REQUIREMENT BE APPLIED TO ALL LIQUOR LICENSES BE PRESENTED
TO THE CITY COUNCIL FOR THEIR CONSIDERATION .
Eng lewoo d Liquor Licensing Auth ority
De cember 19, 2007
Page 13 or 14
Vote results: Ayes : Members Buchan an, Jen se n, Lunders, Reid, VanDerLe-~t
Nays: None
The motion carried and the re commendation will be presented to th e City Council .
10. Counsel 's Choice
The Assistant City At,orney did not have any matters to bring before the !,uthorlty.
11. Authority Member's Choice
There were no Ite ms brought forward .
12, Adjournment
The meeting was adjourned at 8 :14 p.m .
Deputy City Clerk
Engl ewood Liquor licensing Autho rity
December 19, 2007
Page 14 of 14
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First Regular Sr~s ion
S ixty-s ixth General Asse mbl y
STATE OF COLORADO
PREAMENDED
This Unoffi cial Vcrrio n In cludes Co mmirtec
Amendm ents Not Yet Adoptet f on Second R.:ading
LLS NO . 07-063 4.01 Jcry Pny nc SENATE BILL 07-149
SENATE SPONSORSHIP
Bn co n,
HOU SE SPONSORSl{I !'
Buesch er,
Senate Committees
Local Government
House Committees
Locn l Gove rnm ent
A BILL FOR AN ACT
IO I CONCERNING AN IN CREASE IN THE AMOUNT OF FEES LOCAL
102 JURISDI C flON S ARE PERMITTED TO CHARGE FOR ALCOHOL
I 03 BEVERAGE RELATED Al'l'LI CATJONS,
BIii Summary
(Not e: Thi s summary appli es to this bill as introduced and do es
not necessarily reflec t any ame ndments that may be subsequently
adopted.)
Raises ih e cap on the application fee s th at arc charged by a loc al
government tl'I iss ue liqu or licen ses and permits:
For a new li cense, from $500 to $1 ,000;
For a transfer of location or ownership , from $500 to
$1,000;
For a renew al of licen se, from $50 lo $100 ; and
Shnt.l ing denotes HOUSE nmcntlmc nt. llou hlc unde1linl ns dcnolc5 SENAT I': nntcmhucnt .
Ca pital letters inJlcatc new matrriti l to be added to ul,ffi ng .1tut11tc.
l)a sl1 es tlir!'llgh th e wtinl:t· imlic11fe 1lclctimu'frm11 cxi.vti11g stt1 t11f1•.
Specia l per mit fee, from $25 lo $ I 00.
Be it e11 ac /ed by th e General Assembly of th e State of Co lorado:
2 SECTION I. 12-47-5fS (4) (a), Co lorado Rev ised Statut es, is
3 amended lo read:
4 li-47-505. Local license fees. (4) (a ) Each app li ca ti on for a
5 license provided for in this article and article 46 of this titl e filed with a
6 local licensing authority shall be accompanied by an application fee in an
7 amount determined by the local licensing authority to cover actual and
8 necessary expenses, subject to the following limitation s:
9 (I) For a new license, not to exceed fi .c hunched .:lollan l'IIE
10
II
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FOLLO}VING:
(A) ONORBEFORE JULY 1,2008,SJXf!UNDREDANDTWENTY·FIVE
DOLLARS;
(8) AFTER JULY I, 2008, AND BEFORE JULY 2, 2009, SEVEN
14 HUNDRED AND FIFTY DOLLARS;
15 (C) A FTER JULY I, 2009, AND :JEFORE JULY 2, 2010, EIGHT
16 HUNDR ED AND SEY.ENlY·FJVE DOLLAl<.S;
17 (D) AFTER JULY 2, 20 10, ONE THOUSAND DOLLARS ;
18 (fl) 1:-or a transfer of location or ownership, not to exceed five
19 hund,cd do!la,s each THE FOLLOWING FOR EACH:
20 (A) ON OR BEFORE JULY I , 2008, SI X l·IUNDRED AND TWENTY ·FIVE
2 1 DO LLARS;
22 (8) AFTER JU LY I , 2008, SEV EN HUNDRED AND FIFTY DOLLARS;
23 (II[) For a renewal of license , not to exceeJ fiAy dolla.s TflE
24
25
FOLLOW ING; except th at an expired licen se renewal fee shall not exceed
fi ve hundred dollars:
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(A) ON OR BEFORE JULY I, 2008 , SEVENTY-F IVE DOLLARS;
(0) AFT ER JULY I, 2008, ON E HUNDR ED DOLLA RS.
SECTION 2. 12-4 8-107 (2), Colorado Rev ise d Stat utes, is
amended to read :
12-48-107. Applications for specia l permit. (2) In addi tion to
the fees provided in sec ti on 12-48 -104 , applic ati ons s!rn ll be accompanied
by suc h fee as the local li ce nsin g aut horit y may fix, not to exceed
twc11t y fi ,c ONE HUNDRED dollars, for both inve sti gation and issuance of
A permit. Upon approva l of any application, the lo ca l licensi ng au th ori ty
shall notify th e sta te li ce nsi ng authority of such approval. The state
li cens ing authority shall thereupon promptly ac t and either approve or
disapprove such application. The stale licen,ing aut hority shall not iss ue
any permit under thi s article until the loca l li ce nsi ng a uth orit y has
approved suc h appl ica tion. ln reviewing an appl ica ti on, th e lo ca l
licensing authorit; shall app ly the sa me standards for upprovul and denial
16 applicable to the state licensing authority pursuant to thi s arti cle.
17 SECTION 3. Effective date -applicability. (1) This act shall
18 take effec t at 12:0 I a.m. on the day following the exp ir ati on of th e
19 ninety-day period afier final adjournment of th e ge neral assemb ly that is
20 all owed fo r su bmitting a referendum petition pursuant to article V,
2 1 sec tion I (3) of the sta te co nstituti on, {Augus t 8, 2007 , if adjournment
22 si ne die is on May 9, 2007); excep t that , if a referendum petiti on is fil ed
23 agains t this act or an item, sec ti on, or part of thi s ac t wi thin SIJC h period,
24 then the act , item , sec tion , or part, if approved by th e people, sha ll lake
25 effect on th e dat e of the official declaration of the vote th ereo n by
26 procla mat ion of th e governor.
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(2) Th e prov isions of thi s ac t shall appl y to appli ca ti o ns submitt ed • 2 on or aft er the applic abl e effe cti ve date of thi s act.
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RESOLU TI ON NO .
SE RIES OF 2008
DRAF T Df
A RESOLUT ION ESTA BLISHING AN UAL LI CENSE FE ES AND SPEC IAi. EVENTS
PERM IT FEES FOR LIQUOR LI ENS ING FOR THE CITY OF ENGLEWOOD,
CO LORADO .
WHEREAS , th e Englewood Ci ty Co un ci l ha s followed the Co lorado State Statutes sellin g foe s for
th e iss uance of liquor li censes and pcnnit s, whi ch fee s ha ve not been in creased by the State in over
twenty yea rs; and
WHEREAS , the Co lorado Senate Bill 07 -I 49 was a bill for an act co ncerni ng an increase in the
amount of fees loca l jurisdiction s arc pcnnitted to charge for alcohol beverage related applications
which became effective Augu st I, 2007; and
WHEREAS , Senate Bill 07-149 al so raised the cap on application fees that may be charged by a
loca l govcmmcnt to issue liquor licenses and permits; and
WHEREAS, the fees for a new li ce nse, the transfer of location or owncrsh ip 1 and renewals wil l be
increased in a b'Taduatcd time frame, but the specia l event pcnnit fee would become effective, in fu ll ,
imm<~diate ly; and
WHEREAS , the pa ssage of thi s propo sed Resolution , recommended by the Eng lewood Liquor
Licensing Authority, will bring the Ci ty 's fees up to date with SB 07 -14 9;
NOW, THEREFORE , BE !T RESOLVED BY THE CITY COUNC IL OF TH E CITY OF
ENGLE WOOD , COLORADO, THAT :
Secti on I. The Ci ty Council of th e Cit y of Englewood, Co lorado hereby authori zes the se lling
of the City 's Liquor License Annual License Fees, as follows:
Annua ? License Fees.
A. Annua l licen se fees shall be paid to the City as provided by State law , shall be paid in
adva nce, and shall not be rebated or discounted on a proport ionate basis [C"r any li ce nse in
ex istence or iss ued fo r les s than a year. Said fees shall be in add iti on to any anmml li ce nse
fees or regis trati on fee s required to be paid to the State .
Liquor License Fees.
App licati on fee s l'or li censes shall be payab le to th e City as fo ll ows:
A. New li cense not to exceed the followi ng:
I. On or before Jul y I, 2008 • $625.00
2. After Jul y I, 2008 and before Jul y 2, 2009 · $750 .00
3. After Jul y I, 2009 and before July 2, 20 I O• $87 5.00
4. Al\e rJu ly2.2010 -$1,000.00
8 . Tran sfer of locat ion uf exi sting li cense not to exceed the fo ll ow in g:
I . On or be fo re July I , 200 8 -$625 .00
2. After Jul y I, 2008 -$750 .00
C. Transfer of owr,ers hip of ex ist ing lice nse not to exceed the fo ll owi ng:
I. On or be fo re July I , 2008 -$625.00
2. After Ju ly I, 2008 -$750 .00
0 . Change of corpora te stru cture fo r existing li ce nse:
I. For each background in vestigati on conduc ted by th e Ci ty fo r each new o ffic er,
director, stockhold er or member of a co rpo rati on or limited liabilit y company -
$100.00
2. Exempti on to change of corpora te structure bac kground iiwc!i tigntion :
,l. Thi s fee shall not be charged fo r a nonprofit organi1.a ti on.
E. Renewal of existing li cense:
I. Renewal of exi stin g li ce nse on or before July I, 2008 -$75.00
2. Ren ewal of exi sting li cense afte r be fo re July I, 200 8 -$ I 00 .00
F. Temporary pcnnit pending transfer of ow ners hip $100 .00
G. Late fee fo r renew al app li ca ti ons fil ed wi thin ninety (90) day s after the expiratio n date
$500.00
These fees shall be in addition to any annual fe es imposed by the State.
Secti on 2. Th e Cit y Co uncil of th e City of Englewood, Co lorado hereby auth ori zes the setting
of th e Ci ty's Liquor License Special Eve nt s Permit Fees , as fo ll ows:
Special Eve nts Permit Fees .
The Loca l Li cens in g Aut horit y shall impose a fee (per event) fo r po stin g, in ves ti ga tion, and
iss uance of any specia l eve nt permit as fo ll ows :
A. One Hundred Do ll ars ($100.00) for a fcnncnt cd malt beverage pennit.
B. One Hundred Doll ars ($ I 00 .00) fo r a malt , vinous and spirituous li quor pennit.
Said fees shall be in additi on to any fees imposed by the State.
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ADOPTED AND APPROVED thi s _day o f ____________ , 200 .
A"r:EST:
James K . Woodward , Mayor
Loucris!ua A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby ce:-,if)• ,ae above is a true copy of Resolution No._, Series of 2008 .
Loucrishia A. Ellis, City Clerk