HomeMy WebLinkAbout2023 Ordinance No. 0231
ORDINANCE NO. 23 COUNCIL BILL NO. 19
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, SECTIONS 5-3A-6,
5-3A-7, 5-3A-8, AND 5-3A-9 OF THE ENGLEWOOD MUNICIPAL CODE
REGARDING WINE SALES LICENSE
WHEREAS, Englewood Municipal Code provides for the licensing of businesses
selling and providing alcoholic beverages; and
WHEREAS, in 2022 Colorado voters passed Proposition 125 a Statewide ballot initiative
allowing for the sale of wine at grocery and convenience stores; and
WHEREAS, Proposition 125 provided for the automatic conversion of all fermented malt
beverage licenses to the new fermented malt beverage and wine license as of March 1, 2023; and
WHEREAS, Proposition 125 placed a 500 feet distance restrictions between new license
holders and other new and existing license holders of the new fermented malt beverage and wine
retailers and retail liquor stores; and
WHEREAS, the passage of Proposition 125 requires updating Englewood Municipal
Code to comply with State statute to reflect these new provisions; and
WHEREAS, Englewood Municipal Code contained provisions that are largely duplicative
of State statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 5, Chapter 3, Section 5-3A-6 of Englewood Municipal Code is hereby amended to read as
follows: (deleted provisions struck through; new provisions underlined):
5-3A-6: Decision Rendered; New Applications.
A. Following the public hearing on new applications, the authority shall render its decision no
later than thirty (30) days thereafter; provided, however, that Tthe Aauthority may continue
the public hearing on new applications from time to time as may be required to gather
necessary facts, witness testimony, and evidence and to permit witnesses to testify, and the
time limited herein shall run from the date of conclusion of the hearing, as continued.
B. Within 30 days after the public hearing or any continuance thereof, the Before entering any
decision approving or denying the application, the Local Licensing Authority shall issue a
written order on the application, considering the evidence presented during the public
hearing and considering the facts and evidence adduced as a result of its investigation, as
well as any other facts, the impact on and reasonable requirements desires of the
surrounding inhabitants of the neighborhood and its inhabitants, the reasonable
requirements of the neighborhood for the type of license for which application has been
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made, the number, type and availability of liquor outlets located in or near the neighborhood
under consideration, and any other pertinent matters affecting the qualifications of the
applicant for the conduct of the type of business proposed.
C. The City Clerk shall send the written order as requested by the applicant, or if no request, a
written copy of the decision of the authority and the reasons therefor by certified mail, to the
applicant at the address shown on the application, and to any other party in interest upon
request.
D. IneligibilityRestrictions for Applications for New License. The following is not eligible for
a license:
1. Any location selling No application for the issuance of any license shall be received
or acted upon:
a. If the building in which the fermented malt beverages or wine; malt liquors; or
malt, vinous, or spirituous liquor is to be sold is located within five hundred feet
(500') of any public or parochial school or the principal campus of any college,
university, or seminary, measured .
The distances referred to in the above paragraph are to be computed by direct
measurement from the nearest property line of the land used for school purposes
to the nearest portion of the building in which liquor is to be sold, using a route
of direct pedestrian access.
2. An application for a new license violating any provision of C.R.S. Title 44,
Articles 3, 4, or 5.
Section 2. Amendment of Englewood Municipal Code
Title 5, Chapter 3, Section 5-3A-7 of Englewood Municipal Code is hereby amended to read as
follows: (deleted provisions struck through; new provisions underlined):
5-3A-7: - License Renewal.
A. Complete All renewal applications for malt, vinous and spirituous liquor licenses and
fermented malt beverage and wine licenses shall be submitted to the City Clerk and
accompanied by application and other applicable fees at least on the prescribed forms no later
than forty-five (45) days prior to expirationthe date on which the license expires.
The forms shall be accompanied by all the required fees and such additional materials as the
authority deems necessary to carry out the provisions of the Colorado Liquor Code, this article
and all applicable regulations. No renewal application shall be accepted by the City Clerk
which is not complete in every detail. Any application mailed to or deposited with the City
Clerk which, upon examination, is found to have some omission or error shall be returned to
the applicant for completion or correction without any action on the part of the City Clerk or
the authority. Should any renewal application be received in completed form less than forty-
five (45) days prior to the date on which the license expires, it shall be deemed a late
application. The authority shall not be answerable for the failure of a license to issue by the
expiration date on any late application. Nothing in this section shall serve as authority for any
sale at retail of alcoholic liquor without a license pursuant to law.
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B. Upon receiving the completed renewal application, the City Clerk shall assemble the
file of the applicant and forward the application and file to the Licensing Authority for its
action.
BC. The City Clerk shall serve the licensee with an intent to revoke or suspend the license if
ineligible for renewal, and forward all other complete renewal applications and other relevant
materials to the Authority for consideration. If there is evidence that the licensee should not
have his/her license renewed for an additional period of one (1) year, the City Clerk shall cause
to be issued a notice of intention to revoke and/or suspend the license, which notice he/she
shall cause to be served upon the licensee after the filing of application for renewal.
CD. Late Renewal of Expired License.: Renewal applications filed less than forty-five (45)
days but not more than ninety (90) after license expiration
1. A licensee whose license has expired for not more than ninety (90) days may file a late
renewal application upon the payment of the City a nonrefundable late application fee of five
hundred dollars ($500.00) to the City of Englewood. Upon payment and filing, theA 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 have taken final action to approve or deny the late
renewal application.
D.2. Licenses expired A late renewal application will not be accepted more than ninety (90)
days after the expiration without first filing a late renewal application, shall terminate and of a
licensee's permanent annual license. If more than ninety (90) days have elapsed since the
expiration of a permanent annual license, the licensee must apply for a new license. pursuant to
C.R.S. and shall not sell or possess for sale any alcohol beverage until all required licenses
have been obtained.
Section 3. Amendment of Englewood Municipal Code
Title 5, Chapter 3, Section 5-3A-8 of Englewood Municipal Code is hereby amended to read as
follows: (deleted provisions struck through; new provisions underlined):
5-3A-8: Change in Location, Ownership, Name.
A. Location, Ownership or Management of Any Licensed Premises: Any licensee desiring to
change location, ownership or management of the licensed premises shall submit an
application for said change to the City Clerk, which application shall be in compliance
conformity with the Colorado Liquor Code C.R.S. Title 44 and contained in Articles 3, 4,
and 5, of Title 44, C.R.S. 2018 and Englewood Municipal Codethe ordinances of the City.
B. Trade Name or Remodeling:
1. Any licensee changing desiring to change the trade name of the licensed premises or
seeking to enlarge, modify, remodel or redecorate any licensed premises licensed
herein shall apply make application to the Aauthority in compliance conformity with
the Colorado Liquor Code C.R.S. Title 44 and contained in Articles 3, 4, and 5, of
Title 44, C.R.S. 2018 and Englewood Municipal Code the ordinances of the City.
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2. Any application to enlarge, modify, remodel or redecorate any licensed premises
licensed herein shall attachinclude as part of the application a detailed floor plan,
including plans and specifications for any modification of changes in both the interior
and exterior of said premises.
Section 4. Amendment of Englewood Municipal Code
Title 5, Chapter 3, Section 5-3A-9 of Englewood Municipal Code is hereby amended to read as
follows: (deleted provisions struck through; new provisions underlined):
5-3A-9: Special Event, Alcohol Tasting, Festival and Art Gallery Permits for Consumption
of Beverages containing Alcohol or Liquor.
A. Special Liquor Event Permit. Any person or entity shall obtain a City Special Liquor
Event Permit prior to offering for sale, by the drink only, of fermented malt beverages, wine,
malt, spirituous, or vinous liquors to qualifying organizations or political candidates pursuant to
C.R.S. § 44-5-101 et seq.
Special event permits for the consumption of beverages containing alcohol or liquor are hereby
authorized within the City in accordance with C.R.S. 44-5-101 et seq.
1. The Authority may grant to an applicant a special event permit in accordance with
the Colorado Liquor Code and subject to the limitations as set forth in C.R.S. § 44-
5-101 et seq., as the same may be amended from time to time.
2. A special event permit under this Section is a permit for the sale, by the drink only,
of fermented malt beverages, as defined in C.R.S. 44-4-103, or the sale, by the drink
only, of malt, spirituous, or vinous liquors, as defined in C.R.S. 44-3-103, to
organizations and political candidates qualifying under C.R.S. 44-5-102, subject to
the applicable provisions of and limitations imposed by State law.
B. Beverage Tastings Permit. Alcohol tastings for the sampling of beverages containing
alcohol or liquor are hereby authorized within the City in accordance with C.R.S. § 44-3-
301(10).
1. The Authority may grant to aA holder of a City of Englewood retail liquor license,
or liquor-licensed drugstore, or fermented malt beverage and wine retailer license
shall obtain a City Alcohol Beverage Tastings Permit prior to allowing tastings of
beverages regulated by the applicable license in compliance with C.R.S. Title 44
Articles 3, 4, and 5, C.R.S. § 44-3-301(10), and Englewood Municipal Code.
(licensee) an alcohol beverage tastings permit in accordance with the provisions of
this Chapter and subject to the limitations as set forth in C.R.S. 44-3-301(10), as the
same may be amended from time to time.
2. Terms applicable to tasting events for beverages containing alcohol or liquor as set
forth in C.R.S. 44-3-301(10) include, but are not limited to:
a. Tasting of a beverage containing alcohol or liquor is the sampling of malt,
vinous, or spirituous liquors that may occur on the premises of a retail liquor
store or liquor-licensed drugstore by patrons twenty-one (21) years of age older
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pursuant to the terms of a permit authorized in accordance with the provisions
of C.R.S. 44-3-301(10).
b. The size of an individual alcohol sample provided at a tasting shall not exceed
one (1) ounce of malt or vinous liquor or one-half of one (½) ounce of spirituous
liquor.
c. Tastings shall not exceed a total of five (5) hours in duration per day, which need
not be consecutive.
d. Tastings shall be conducted only during the operating hours in which the
licensee on whose premises the tastings occur is permitted to sell beverages
containing alcohol or liquor and in no case earlier than eleven o'clock (11:00)
a.m. or later than seven o'clock (7:00) p.m.
e. The licensee shall not serve more than four (4) individual samples to a patron
during a tasting.
f. Samples of beverages containing alcohol or liquor shall be in open containers
and shall be provided to a patron free of charge.
C. Art Gallery Permit. Any person or entity operating an art gallery that offers complimentary
alcohol beverages for consumption only on the premises shall obtain may be issued an
annual City an Aart Ggallery Ppermit, which shall be renewed annually, pursuant to all in
conformance with C.R.S. § 44-3-424.
D. Festival. A City Festival Permit shall be required for festivals described in C.R.S. § 44-3-
404; applications shall be submitted to the City at least forty-five (45) days prior to the
festival. All A licensee may obtain a City festival permit, and the festivals/ and
participating licensees shall comply with all provisions of C.R.S. § 44-3-404 and other City
festival rules and regulations by applying at least forty-five (45) days prior to the festival.
The City may deny or revoke a permit or deny a licensee's participation in the festival for
any violation of Englewood Municipal Code or other applicable law during the festival or
by a licensee or as provided described in other applicable law, including C.R.S. § 44-3-404.
Section 5. City Fee Schedule
The City 2023 Schedule of Service, License and Permit Fees and Utility Rates shall include the
following fee established by EMC § 5-3A-7:
Nonrefundable Late Renewal Application Fee, $500
Section 6. General Provisions Applicable to this Ordinance
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
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B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
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Introduced and passed on second reading, in identical form to the first reading, on the 3rd day of
April, 2023.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of an Ordinance, introduced and passed on second reading on
the date indicated above; published beginning two days after passage on the City’s official
website for at least thirty (30) days thereafter; and published once by Title in the City’s Official
City Newspaper. The Ordinance shall become effective thirty (30) days after first publication on
the City’s official website.
Stephanie Carlile
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