HomeMy WebLinkAbout2001 Ordinance No. 021•
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BY AUTHORITY
ORDINANCE N0.<2f._
SERIES OF 2001
COUNCIL BILL 0. 20
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3B, SECTIO 3, SUBSECTION
B, OF 'JHE E GLEWOOD MUNICIPAL CODE 2000, WlilCH PERTAI S TO
OCCUPATION TAX FOR 3.2 BEER ON PREMlSE LICENSES AND 3.2 BEER
ON/OFF PREMISES LICE SES.
WH.EREAS. the pauage of Ord.inan~ No. 50, eries of 1980, increased the annual
occupation tax for 3.2 beer lioe1U1es to $950.00, in establishments where the beer ia
served by the drink on the pre ises and e•tablishments where it can also be BOid in
sealed containe rs for off-premises consumption; and
WHEREAS , Occupation Taxes are mtended to co.,.er the mcreued cost of aen:ices
required by these types of establi hments; and
WHEREAS , until the phase-out period of 1987 through 1989, eighteen to twenty
year olds were allowed to consume 3.2 beer; and
WHEREAS, on-premises and on/off premises, 3 .2 beer establishments typically
required extra services. such as police and fire and therefore, the highest occupation
ta.'! was impo ed ; and
WHEREAS, due to the change in th la whereby persona under twe-:.ty-one years
of age are no longer able to conswne 3 .2 1,,oer, the e1tabli hment'a customer■ are now
adults, consuming th lowest alcohol-content beverage ; and
WHEREAS , the paBBage of this Ordinance will reduce he annual occupation tax for
3.2 Beer, On-Premises Licensea , as well aa for 3.2 Beer On/OB' Pre a Lice a and
make them comp rable with Beer and Wine Licenses and Club Liquor Licenses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJL OF THE CITY OF
E GLEWOOD, COLORADO, AS FOLLOWS :
&a.ilm.l . The ity Couocil of the City of Ii ~le,vood., Colorado hereby uthorizes
amending TiLle 5 , Chapter 38, Section 3, Sul> ,on~-of the £nglewood Municipal
Cod 2000. to read as followq :
r..3B..S : Annual License Fees and Occupation Tu.
A. Annual lice ~ ea shall be paid to I.he City as provided by State law, shall
be paid in adva nce , and ehall not be reba ted or du1counted on a
proportionate basis for ny license in exist nee or iasued for le s than a year.
Said fee ehall be in 11d.dilion to any annual license fe a or registration ees
required to be paid to lhe State .
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B . The businelld of llinc at retail any fel'll)ented m It beverace, malt, vinoua
or apirituoUB liquon, ia hereby defined and parately clauified as an
occupation aa speofied below The following annual occupation taxes are
hereby tab~h d and •hall be paid by lhe applu:ant or licensee to the City:
l. Retail liquor swre: $300 .00
2 . Llquor-hcensed drug store: 300.00
3 . Beer and win,: 450.00
4 . Hotel and restaurant: 650.00
Ii . Tavern: 650.00
6 . Club: 451).90
7 . Ar : 00.•
8. Brew pub: 750.00
9 . Optional premises: 650.00
11 Bed and brealia1t: 00.00
12 . Mini bar. 450.00
13. All licensee licensed to aell i rmented malt beverages for
conaumption both ;,n and off the p · 1:~ ~
14 . All uccnaeea licen!!ed to eU orLy f.,rme nted malt bever I!' by the
drink for consumption on th! pn. ~
15. All li-netta licensed to sell only f •. ented malt beve in thei.r
ori,1 .1 contame • for consumpt:i...1 ofi'the premiee1: 300.00
c: ·d taxes 1hall be in dd.ition to the annual licease ! es p 'd to the City Md the
tate and ah 11 be paid prior to the ·111.ance or reaewL•I of the City license. No
refund of a.ny i.a.x paid 111 cconi r.ce w. th this C pt.er ehaD be made to any penoa
who di&eontinues or Ila hwber bU8lDe duriDg th duraticn of the licenae;
pro,ided , however, that the n w owner of any " tab · hment, when approved the
n w licenaee , 1hall be cr~ted on a datly b.uis fo r any 0«\lp tion tax paid by the
pre,,oua owl1l!r for the un xplJ'ed rm ft.b rrevwua owner'1 li0en .
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In addition to auy other remedy p1:wided by this Chapter. the City abalJ have th
right to recover all euma due and owia under tlua Chapter by a~ civil remedy
available uad reX11tin law. Furtherm re, th provi ions ofSectwa 4-4•1 9,
Enr;lewood Municipal Code,-H!8l, 20QD , "Unlawful Acts", ia incorporated he,ein and
made applicable thereto.
Sect,on 2 Safety Cley•e• The City Co uncil hereby finds, determine.. and
declares that thia Ord.in promulg ted under the general polJce power of!he
City ofEngl ewood. tha t it i, promulgated for the h a lth, sa~ ty, and welfare of the
public, and I.hat this Ordinance aece ary for the preaerv Lion of health and aafety
and for the protection rl public convenience and welfare. The City Council further
determines that the 0 . '11Bnce be.i.r1 a r tional relation to the proper legialative object sought to be ob · ried .
Section 3 Sevecnbj)jt.Y,, II any clauu, sentence , paragraph, or part of !!!is
Ordinance or the application thereof to any perso n or circumstances shall for any
reason be acl,Judged by court of competent jurisdiction invalid, auch judgment ahalJ
not affect, impair or invalidate the remainder of this O · nee or it appLication to other peraona or circum ■tancea.
Section 4, Ioeoosi@tt:nt Ordjggn,;e•. All other Ordinance, or portions therecf
inconsistent or conflicting with t hia Ordinance or any portion hereof a.r,, hereby
repealed to I.he e:i:tent of such incomistency or conflict.
~~ Effect pf repeal or modification ' e repeal Jr modification of any
proviaion of th Code of the City ofEngle•ood by this Ordinance •hail not rele
e:i:tinguiah 'II r, modify, or change in who) or in put any penalty, forfeiture , or
liability, eith~r civil or crim1Jl8.1, wluch shall have ht-en incurred d r such provi4ion.
and eoch provision ahaU be treated and h Id as sell remaining in force for the
purp<>lea of auataining 1tn and all proper rtions, euita, proceedrnga, nnd
prosecutions for the nforcemen ofth pPn alty, forfeiture, or liability, oe well as for
thte purp01e of awtalJUJ]g any Judgm nt. decree, or orde r which can or moy be
rendered. ente d, or made rn aw:h sctioJU , •wta, proceedings, or pro&ecutions.
Sectmn 6 fenAllL The Penalty ProV1.S10n ofE.M.C. Section 1-4•1 ahaJI apply to
eoch and every violation ofthu Ordinance.
Introduced. reed in full . and pa ed on first re ding on th 16th day of Apnl, 2001.
Published as a Bill for nn Ordinance on thl' 20th day of April, 2001.
Read by title and passe d on final reading on the 7th dey of May, 200 l.
Pub lished by title as Ordinance Noc2/_, Se ries of 2001. on Lhe 11th day of May ,
200 1.
~d.rL
Loucnehia A. Ellis, City Clerk
I, Loucriehia A. Ellis, City Clerk of the City of Englewood, Co lorado, hereby certify
that the above and foregoing is a true copy of th e Ordinance pa e on !inal reading
and publis hed by title as Ordinance No.<:::zU Series of 001.
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C O UN □L COMMUNICATION
Date: Age nd a Item: Subject:
Decrease in annual
April 16, 2001 10 a iv Occupation Tax for 3.2
Beer On Premises Licenses
and 3.2 Beer On/Off
Pre m ises Licen5es
Ini ti ated By: St aff Source:
Frank Grygle1 icz. D irector oi Financial
City Clerk Divisi on Services and Brenda Castle, Deputy City
Clerk
COUNCI L GOAL AND PREVI OUS ACTI O N
There has been no prev ious act ion regarding Fermented M .11 Beverage (3.2 Beer) On•
Prem ises , or On/Off Premises , License Occupation Taxes i n ,~cent y ears. The goal is to
bring them into line w ith amounts charged to other types of liquor licenses.
BAC KGROUND
Ordinance No. 50, Series of 1980, increased the an nual occupation tax for 3.2 beer licenses
to S950 .00, in establishme nts where the beer is served by the drink on the premises, and
establishments where it ca n als o be sold in seal d containers for off-premises consumption.
Occupation taxes are intended to cover the inc ased cost of services required by these
types of establ ishments . Up until the phase--ou eriod of 1987 through 1989, eighteen to
twenty year-olds were allowed to consume 3.2 ;eer. On-premises, and o n/off p remises, 3.2
beer establishments typically required extra s ices, such as police and fire, and th erefore,
the highest occupation tax was imposed.
Currently, there is only one on.premises 3.2 beer establishment i n Englewood, and n o on/off
p re.mises es tabl ishments. Because persons under twenty-one years of age can no longer
consume 3.2 beer, their custo mers are now adults, consuming the lowest alcohokont ent
beverage . Even though the likelihood of problems in this type of es tablishment is
considerab ly lower than in most, they are still being charged three times the amount that off-
premises 3.2 bee r establishments are charged.
RE COMMENDED ACT10N
Reduce the annual occupatio n tax for 3.2 Beer, On-Premises Lic enses. as well as for 3.2 Beer
On/Off Premises Licenses, to $450.00, which is comparable with Beer and Wine Licenses
and C lub Liquor Licenses .
FINANC IAL IMP ACT
Because th ere is onl y one exi ti ng 3.2 Beer On-Premises Li cense in Englewood, the net result
would be a loss oi $500.00 per year. There are currentl y no establ ishments in Englewood
license d to se ll 3.2 Beer both on and off premises.
UST OF ATTACHMENTS
§S-3 B-3 B, EMC 200(J reflecting proposed change
§5-38-3, Englewo od Mu nicipa l Co de 2000
B. The business of selli ng at retail an y fe rmented mall beve rage , malt, vi nous or
spirituous li qu ors, is here by defined and separately classified as an occupation as specified
below . The iollowing annual occupation ta es are hereby established and shall be paid by
the app licant or licensee to the City :
1. Retail li quor store: $300 .00
:2. Liquor-license d drug store : 300.00
3. Beer and I ine: 450 .00
4. Ho tel and rest aurant: f 50.00
5. Tavern : 650.00
6. Cluh : 450.00
i . Arts : 00 .00
8. Brew pub : 750.00
9. Optional premises : 650.00
10. Option premises wi th hote l/resta urant license : 100.00 each optional premises
11. Bed and breakfast : 00.00
12. Mini bar : 450 .00
13. All licenses licensed to sell fermented malt beverages for consumption both on
and off the premises : ~ ~
14. Alf licensees licensed to sell only fermented malt beverages by the dri nk for
consumprion on the premises : ~ ~
15 . All licensees licensed to sell only fermented malt beverages in their original
containe rs for consumption off the premises : 300.00
Sa id taxes shall be in addition to the annual lice nse foes paid to th e City and the State and
shall be pa id prior to th e issuance or renew al of the Ci license . No refund of any tax paid
in ac co rdance I ith this Chapter shall be made to any person who dis con tinues o r selfs
his/her bus in es s during the duration of the li cens e; provided, however, that the new owner
of any es tab lishment, when appro ed as the new licensee, shall be credited on a daily basis
for any occupation tax pa id by the previous owner for the unexpired term of the previous
owner 's license .
In addition to an other remedy provided by this Chapter, th e City shall have the right to
recove r all sums du e and owing under the Ch apter by dny civil remedy available under
existing law . Fu rth ermore , the provisions of S cti on 4-4-19, Englewood Municipal CC'de,
+9,8; ~ "Unlawful Acts •, is inco rporat ed herein and made applicable thereto.
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