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Home My WebLink About1997 Ordinance No. 052ORDINANCE NO. ~)_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 54 INTRODUCED BY COUNCIL MEMBER VORMITTAG 10 b i AN ORDINANCE AMENDING TITLE 5 , CHAPTER 3A , SECTION 7 , WITH THE ADDITION OF A NEW SUBSECTION D, PERTAINING TO LIQUOR LICENSE RENEWAL OF EXPIRED LICENSES ; AND TITLE 5 , CHAPTER 3B , SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City Council of the City of Englewood , Colorado previously amended Title 5 , Chapter 3B , of the Englewood Municipal Code by approving the passage of Ordinance No . 19 , Series of 1987 and Ordinance No . 59 , Series of 1994; and WHEREAS , with the passage of House Bill 97-1076 by the Colorado State Legislature which amends the Colorado Liquor Code , pertaining to E.M .C. 5-3B -5 , by increasing liquor license fees ; and WHEREAS, Colorado State Hous e Bill 97-1076 becomes effective July 1 , 1997 ; and WHEREAS , with the passage of this Ordinance the City of Englewood will be in compliance with House Bill 97-1076 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 5, Chapter 3A , Section 7 , of the Englewood Municipal Code 1985 , with the addition of a new Subsection D, entitled Renewal of Expired License, which shall read as follows : D . RENEWAL OF EXPIRED LICENSE : 1 . A LICENSEE WHOSE LICENSE HAS EXPIRED FOR NOT MORE THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED DOLLARS ($500.00 ) EACH TO THE STATE AND THE CITY OF ENGLEWOOD . A LICENSEE WHO FILES A LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE TO OPERATE UNTIL BOTH THE STATE AND THE CITY OF ENGLEWOOD HA VE TAKEN FINAL ACTION TO APPROVE OR DENY THE LATE RENEWAL APPLICATION . ....., ' .. •-:t 1 2 . A LATE RENEWAL APPLICATION WILL NOT BE ACCEPTED MORE THAN NINETY (90 ) DAYS AFTER THE EXPIRATION OF A LICENSEE'S PERMANENT ANNUAL LICENSE. IF MORE THAN NINETY (90) DAYS HAS ELAPSED SINCE THE EXPIRATION OF A PERMANENT ANNUAL LICENSE, THE LICENSEE MUST APPLY FOR A NEW LICENSE PURSUANT TO COLORADO REVISED STATUTES AND SHALL NOT SELL OR POSSESS FOR SALE ANY ALCOHOL BEVERAGE UNTIL ALL REQUIRED LICENSES HAVE BEEN OBTAINED . Section 2 . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3B, Section 5, of the Englewood Municipal Code 1985 , pertaining to an increase in liquor licensing fees in the City which shall read as follows: 5-3B-5: F EES: Application fees for licenses shall be payable to the City as follows : A . B . C. D . E. F . G . New license $460.00 $500 .00 Transfer of location of existing lic ense BW-:00 $500 .00 Transfer of ownership of existing license BW-:00 $500 .00 Change of corporate structure for existing license BW-:00 1. FOR EACH BACKGROUND INVESTIGATION $100.00 CONDUCTED BY THE CITY FOR EACH NEW OFFICER, DIRECTOR, STOCKHOLDER, OR MEMBER OF A CORPORATION OR LIMITED LIABILITY COMPANY. ±. 2. Exemptions-to change of corporate structure BACKGROUND INVESTIGATION : iee;-no fee shall be charged: a . THIS FEE SHALL NOT BE CHARGED FOR A NON- PROFIT ORGANIZATION . tr.-Vlhen the only action taken is removal of an officer , director or stockholder. b-:-For a nonprofit organization . Renewal of existing license Temporary permit pending transfer of ownership LATE FEE FOR RENEWAL APPLICATIONS FILED WITHIN NINETY DAYS AFTER THE EXPIRATION DATE. $ 50.00 $100.00 $500.00 These fees shall be in addition to any additional fees imposed by the State. .. r - .. Introduced, read in full , and passed on first reading on the 16th day of June, 1997 . Published as a Bill for an Ordinance on the 19th day of June, 1997. Read by title and passed on final reading on the 7th day of July, 1997 . Published by title as Ordinance No . 5:Z,series of 1997, on the 10th day of July, 1997 . I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordillance No. 'U,...Series of 1997. ~~ M Loucrishia A. Ellis .. COUNCIL COMMUNICATION Date Agenda Item Subject June 16 , 1997 10 a i Increase i n Liquor License Fees INITIATED BY STAFF SOURCE City Clerk 's office/Liquor Licensing Authority Frank Gryglewicz , Director of Financial Serv ices Brenda Castle, Deputy City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council amended §5-3B Englewood Municipal Code 1985 with Ordinances 19 of 1987 and 59 of 1994 . RECOMMENDED ACTION House Bill 97-1076 becomes effective July 1, 1997. This bill amends the Colorado Liquor Code by , among other things , increasing , and in some cases decreasing , fees for liquor licensing . The separate fee for extended hours has been eliminated . §5-3B-5 Englewood Municipal Code 1985 specifically addresses several of these fees , four of which can be changed under the new statutes. In keeping with past practice , staff and the Liquor Licensing Authority recommend setting these fees in accordance with the State allowed maximum. Additionally, the new statutes have eliminated the temporary license process formerly used for licensees who forget to renew their licenses . In its place , the statutes allow the licensee to submit the normal renewal papers up to ninety days after the expiration of the license , and pay fees of $500 .00 to the City and $500 .00 to the State for the late filing. This is in addition to their regular license fees . The proposed ord inance includes this $500 .00 fee and adds an explanatory paragraph to §5 -3A-7 . FINANCIAL IMPACT The financial impact is anticipated to be minimal. In 1996 , the City received only three applications for New Licenses, three applications for Transfer of Ownership , and no applications for Change of Location . At the new rate , this would have amounted to an additional $900 .00 . Changes of Corporate Structure can no longer be assessed a flat fee of $250 .00 per application. It is to be looked upon as a background investigation fee , which can be charged at a rate of up to $100 .00 per new person. Additionally, this fee can not be charged by the municipality if the background check is being conducted by the State for the purpose of a Master File . These new rules will result in a decrease in revenue in this area , although it will also be minimal. Comparing the old fee structure with the new , the year 1996, for example , would have netted out with approximately $850 .00 less for Changes of Corporate Structure with the new fee . Additionally , in 1996 , there were no licensees who failed to renew before expiration . LIST OF ATTACHMENTS §12-47-505 (4) and (5), and §12-47-302 (2), of House Bill 97-1076 Proposed Bill for an Ordinance 12-47-505 (4)(a) [Formerly 12-47-135(3)] EACH APPLICATION FOR A LICENSE PROVIDED FOR IN THIS ARTICLE AND ARTICLE 46 OF THIS TITLE FILED WITH A LOCAL LICENSING AUTHORITY SHALL BE ACCOMPANIED BY AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE LOCAL LICENSING AUTHORITY TO COVER ACTUAL AND NECESSARY EXPENSES SUBJECT TO THE FOLLOWING LIMITATIONS : (I) FOR A NEW LICENSE , NOT TO EXCEED FIVE HUNDRED DOLLARS ; (II) FOR A TRANSFER OF LOCATION OR OWNERSHIP, NOT TO EXCEED FIVE HUNDRE D J OLLARS EACH ; (Ill) FOR A RENEWAL OF LICENSE , NOT TO EXCEED FIFTY DOLLARS ; EXCEPT THAT AN EXPIRED LICENSE RENEWAL FEE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ; (b) NO FEES OR CHARGES OF ANY KIND , EXCEPT AS PROVIDED IN THIS ARTICLE OR ARTICLE 46 OF THIS TITLE , MAY BE CHARGED BY THE LOCAL LICENSING AUTHORITY TO THE LICENSE HOLDER OR APPLICANT FOR THE PURPOSES OF GRANTING OR RENEWING A LICENSE OR TRANSFERRING OWNERSHIP OR LOCATION OF A LICENSE. (5) THE LOCAL LICENSING AUTHORITY MAY CHARGE CORPORATE APPLICANTS AND LIMITED LIABILITY COMPANIES UP TO ONE HUNDRED DOLLARS FOR THE COST OF EACH FINGERPRINT ANALYS IS AND BACKGROUND INVESTIGATION UNDERTAKEN TO QUALIFY NEW OFFICERS , DIRECTORS , STOCKHOLDERS OR MEMBERS PURSUANT TO THE REQUIREMENTS OF SECTION 12-47-307 (1) (a); HOWEVER , NO LOCAL LICENSING AUTHORITY SHALL COLLECT SUCH A FEE IF THE APPLICANT HAS ALREADY UNDERGONE A BACKGROUND INVESTIGATION BY AND PAID A FEE TO THE STATE LICENSING AUTHORITY. -... 12-47-302 (2) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION , A LICENSEE WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED DOLLARS EACH TO THE STATE AND LOCAL LICENSING AUTHORITIES . A LICENSEE WHO FILES A LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE TO OPERATE UNTIL BOTH STATE AND LOCAL LICENSING AUTHORITIES HAVE TAKEN FINAL ACTION TO APPROVE OR DENY SUCH LICENSEE'S LATE RENEWAL APPLICATION. (b) NO STATE OR LOCAL LICENSING AUTHORITY SHALL ACCEPT A LATE RENEWAL APPLICATION MORE THAN NINETY DAYS AFTER THE EXPIRATION OF LICENSEE 'S PERMANENT ANNUAL LICENSE. ANY LICENSEE WHOSE PERMANENT ANNUAL LICENSE HAS BEEN EXPIRED FOR MORE THAN NINETY DAYS MUST APPLY FOR A NEW LICENSE PURSUANT TO SECTION 12-47-311 AND SHALL NOT SELL OR POSSESS FOR SALE ANY ALCOHOL BEVERAGE UNTIL ALL REQUIRED LICENSES HAVE BEEN OBTAINED .