HomeMy WebLinkAbout2000 Ordinance No. 003ORDINANCE N0.-..1.
SERIES OF 2000
' 111,
1f AUTHORITY
COUNCIL B%,NO. 3
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3B , SECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 1985, WHICH PERTAINS TO LIQUOR
OCCUPATIONAL FEES.
WHEREAS, in 1987, the term "Occupational Fee" was chanced to "Occupational Tax" by
the paeeage of 0-,dinance No . 19, Seriea of 1987; and
WHEREAS, this was deemed advantageous, at the time , due to the limits placed on
municipalities by the State in aeeeeeing certain fees ; and
WHEREAS, on June 21, 1F99, the City Council approved Ordinance No. 33 on final
reading, placing a TABOR question on the November election ballot regarding the addition of
Occupational Taxes for certain types of liquor licenaea; and
WHEREAS, under TABOR, approval of a new tax must be obtained from the votera, which
was achieved at ths November 2, 1999 General Municipal Election whsn the voten approved
Referred Ballot Question No . 2A ; and
WHEREAS, no Occupational Tax is recommended £or the Bed and Breakfast cateSory, ainoe
alcohol is not sold, but served only to g,~este of the Bed and Breakfast; and
WHEREAS, when the ownenhip of a liquor licenae is tranaforred, the new owner ia
credited for any occupation tax paid by the previous owner fur the unexpired term of the
previous owner's license; and
WHEREAS, the Englewood City Clerk's Office recommends that this be done on a dsy by
day baais, rather than monthly, to better accommodate the applicant; and
WHEREAS , the Englewood City Council reviewed this recommendstion at the February 8,
1999 Study Senion;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 3B, Section 3, of the Englewood Municipal Code 1985, to read ae follows :
5-38-3: ANNUAL LICENSE FEES AND OCCUPATION TAX:
A. Annual licenae fees shall be paid to the City as provided by State law, shall be paid in
advance, and shall not be rebated or discounted on a proportionate basis fnr any
licenae in existence or isaued for Iese than a year. Said fees shall be in addition to any
annual license fees or registration fees required to be paid to the State.
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B. The buaineu of .. llin1 at retail any fermented malt beverap, malt, vinoua or
apirituoua liquon, i1 hereby delmocl and aepantely cluaified u an occupation u
apecilied below . The followin1 annual occupation taut are herel!, eatabliahed and
ahall be paid by the applicant or licenaee to the City: '1
1. Retail liquor ,tore._, $300.00
2. Liquor-licensed drug ,tore Hee-. 300.00
3. Seer and wine lieeMee< 450.00
4 . Hotel and reetaurant lieenae« 850.00
5. TavernlieeMee: 650.00
6. Clubliee-. 450.00
7 . Arta lieenae« 00.00
8 . BREWPUB : 750.00
9. OPTIONAL PREMISES : 650.00
10 . OPTIONAL PREMISES WITH HOTEllRESTAURANT
IJCENSE: 100.00 EACH OPTIONAL
PREMIBE:S
11. BED AND BREAKFAST: 00.00
12 . MINIBAR: 450.00
&. 13. All lioenaeee liceneed to eell fermented malt
beverqea for consumption both on and off the
premiaea : 950.00
~-14. All lioenlffs liceneed to sell only fermented
malt beverages by the drink for consumption on
the premiles: 950.00
W,15. All licenaeee licensed to sell only fermented
malt bnerall'8 in their original containen for
oonaumption off the premises: 300.00
Said tuee ahall be in addition to the annual licenee feee paid to the City and the
State and ahall be paid prior to the iuuance or renewal of the City licenee . No
refund of any tax paid in accordance with this Chapter shall be made to any person
who diacontinuea or aella hialber b111U1881 during the duration of the license ;
provided , however, that the new owner of any establishment, whei, approved as the
new lice..-, ahal! be credited on a meMltly DAILY buia for any occupation tu
paid by the previoua owner for the 1111111pired term of the previoua owner's license .
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In addition to any other remedy providad by this Chapter, the City shall have tha
right to recover all sums due and owing under this Chapter by ADY civil remady
available under esiating law. Furtbermo,e, the proviaiona of Section ◄•4•19,
Englewood Municipal Code , 1985, "Unlawful Acta", is incorporated herein and mede
applicable thereto. I
~-Title !i3fety Clau,e• The City Council hereby limla, determines, and declare•
that this Ordinance I\ promulgetecl under the general police power of the City of Englewood,
that it is proinulg111ed f"ll the bealtil, safety, and welfare of the public, and that this
Ordinance ir1 ntice88ary fcil' the pruenation of h ,,alth and aafety and for the protection of
public conv, nience and w.'uare . The City Council further determines that the Ordinance
bears a rational relation to 'the proper legislative object sought to be obto in,,d.
~-Seyerghjljty If any clauae, oentence, paragraph, or part of thia Ordinance or
the application thereof to any person or circumstance, sball for any reuon be a(ijwlpd by a
court of competent jurisdiction invalid, ouch judgment aball not alfect. impair or invalidate
the remainder of this Ordinance or ita application to other persona or circumetances.
~-lnoonaiftcnt QnUneocee All other Ordinances or p<.rtiona thereof incoui.etent
or conflicting with this Ordinance or any portion hereof are hereby ,.,.pealed to the extent of
such inconsi.otancy or conflict.
~-Eft'ec;;t of repeal or modification The repeal or modification of any provision of
the Code of the City of Englewood by tbi.o Ordinance shall not releaee, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which aball have been incurred under such provision, and each proviaion ahall be
treated and held as still remaininti in force for the purpoeea of aU1taining any and all proper
actions, auita, proceedinga, and proeecutiona for the enforcement of the penalty, forfeiture , or
liability, aa well aa for the purpose of SUltaining any judgment, decree, or order which can or
may be rendered , entered, or made in such actions, suits, proceedings , or proeecutiona.
~-&.wlJ,ty. The Pen:ilty Proviaion of E.M .C. Section 1-4-1 aball apply to each
and every violation of this Ordinance.
Introduced, read in full . and pa1Sed on first reading on the 17th day of Janlllry, 2000.
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Publlahed u a Bill for 111 Ordinance 011 the 21at day of J111uary, 2000.
Read by title 111d puttd on final reading on the 7th day of February, 2000 .
Publiahed by title u Ordinanoe No .4l, Seriee of 2000 , on the 11th day of February,
2000.
I, Loucriahia A. Ellis, City Clerk of the City of Ell(lewood , Colorado, he1eby oertify that
the above and !megoing ia a true capy of the Ordinance p .... d reading 111d
publiahed by title II Ordinance rNo, ~ Seriee of 2000.
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COUNCL COMMUNICATION • 1 9MI AIO' 1AHl'I
Date:
January 17, 2000
Initiated By:
City Clerk's Division of the Department of
Financial Services and the Englewood Liquor
Licensing Authority
COUNCIL GOAL AND PREVIOUS ACTlON
11 all
Stiff Source:
Subject:
Amend Tltle 5, Chapter 38,
Section 3 of the Engfewood
Frank Gryglewlcz, Director of Flnanclal
Services and Brenda Castle, Deputy Cit,'
Clerk
Goel : To establish an annual Occupational Tax for classlflcations of liquor llce,1ses, which
were not previously Included In the Englewood Municipal Code. Since moJt types of liquor
licenses are already being charged an Ocwpational Tax, this Is a matter of equity.
Council reviewed this reco mmendation at the February 8, 1999 Study Session. On June 21 ,
1999, Council approved Ordinance No. 33 on final reading, placing a TABOR question on the
November ballot regarding the addition of Occupational Taxes for certain types of liquor
licenses .
BACKGROUND
In 1987 , the term "Occupational Fee' was changed to "Occupational Tax' (via City of
Englewood Ordinance 19, Serles of 1987). This v.as deemed advantageous, at the time, due to
the limits placed on municipalities by the State In assessing certain fees .
Under TABOR, approval of a new tax must be obtained from the voters . This WIIS achieved at
the November 2, 1999 General Municipal Election, when the voters approved "IFJferred Ballot
Question No. 2A .
RECOMMENDED ACTION
Council approval of a bill for an ordinance establishing an annual Occupational Tax for each of
the following ciassfficatlons of license :
Brew Pub Ucer.se
Optional Premises License
Optional Premises with H/R license
Mini Bar Permit
$750 .00
$650.00
$100 .00 for each optional premise
$450.00
No Occupational Tax Is recommended for the Bed and Breakfast category, since alcohol ls not
sold, but served only to guests of the Bed and Breakfast for four hours a day . The four separate
categories of licenses and permits are explained in the attachments.
When the ownership of a liquor license Is transferred, the new owner is crodlted for any
occupation tax paid by the previous owner for the unexpired te :m of the previous owne(s
license. The City Clerk's office recommends that this be done on a day by day basis, rather
than monthly , to better accommodate the applicant.
l'INANCIAL•ACT ~, JI'~ IC, 0
Elc:n of the,._ llllad above would be l'8C8lved y8ll1y 110111 aach llcansee holding lhat 1M>a of •
Ucenee. Currently, the Olly lulizes appmx!mately 127,700.00 a year In Liquor Occupatlonal TIXIII.
LIST OP ATTACHENTB
Desctlpllon of lour Clllegofles of license/permit
Proposed COuncll bffl