HomeMy WebLinkAbout2023 Ordinance No. 048BY AUTHORITY
ORDINANCE NO. 48 COUNCIL BILL NO. 48
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 5 CHAPTER 3 OF THE
ENGLEWOOD MUNICIPAL CODE TO UPDATE PERMIT NAME
UNDER STATE LAW, AND UPDATE REFERENCES TO THE
COLORADO REVISED STATUTES.
WHEREAS, Colorado HB23-1061 modified C.R.S. § 44-3-424 from an art gallery alcohol
permit a retail establishment alcohol permit; and
WHEREAS, EMC 5-3A-9 currently allows for an art gallery to be permitted to offer
complimentary alcoholic beverages; and
WHEREAS, sections of Title 5 Chapter 3 currently reference outdated sections of the
C.R.S.; and
WHEREAS, the City Council desires to amend Title 5 Chapter 3 to reflect the permit
modification as enacted in HB23-1061 and most current versions of the C.R.S..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 5 Chapter 3A Section 5-3A-9 of Englewood Municipal
Code
Title 5 Chapter 3A Section 5-3A-9 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3A-9: - Special Event, Alcohol Tasting, Festival, and Art Gallery Retail
Establishment Permits for Consumption of Beverages containing Alcohol or Liquor.
A. 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.
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B. 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 a holder of a City of Englewood retail liquor license or
liquor-licensed drug store (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 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 Retail Establishment Permit. A person operating an art gallery a retail establishment
that offers complimentary alcohol beverages for consumption only on the premises may be issued
an art gallery a retail establishment permit, which shall be renewed annually, all in conformance
with C.R.S. § 44-3-424.
D. Festival. A licensee may obtain a City festival permit, and the festival/participating licensees
shall comply with 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 for a violation of Englewood Municipal Code or other applicable law
during the festival or by a licensee or as described in C.R.S. § 44-3-404.
Section 2. Amendment of Title 5 Chapter 3B Section 5-3B-8 of Englewood Municipal
Code
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Title 5 Chapter 3B Section 5-3B-8 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3B-8: - Special Events, Alcohol Tasting, Festival, and Art Gallery Retail
Establishment Permit Fees.
Special events, alcohol tasting, festival, and art gallery retail establishment permit fees shall be set
by City Council and shall be in addition to any fees imposed by the State.
Section 3. Amendment of Title 5 Chapter 3 Section 5-3-2 of Englewood Municipal Code
Title 5 Chapter 3 Section 5-3-2 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3-2: - License Required.
No person shall manufacture for sale or gift, sell or keep for sale, or permit another to keep for
sale or sell, any intoxicating liquor, beer, malt liquor or wine, on any premises owned or controlled
by the person, without a duly issued license therefor, all in accordance with Articles 3 (Alcohol
Beverages), 4 (Fermented Malt Beverages), and 5 (Liquors) of Title 44, C.R.S. 2018 C.R.S. Title
44 Articles 3, 4, and 5, as amended.
Section 4. Amendment of Title 5 Chapter 3 Section 5-3A-1 of Englewood Municipal Code
Title 5 Chapter 3 Section 5-3A-1 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3A-1: - Purpose.
In pursuance of the authority conferred in Articles 3, 4, and 5, of Title 44, C.R.S. 2018 C.R.S. §
Title 44 Articles 3, 4, and 5, as amended, this Article is enacted for the purpose of promoting the
health, safety and welfare of the present and future inhabitants of the City by regulating, controlling
and licensing the sale of alcohol beverages, fermented malt beverages.
Section 5. Amendment of Title 5 Chapter 3 Section 5-3A-3 of Englewood Municipal Code
Title 5 Chapter 3 Section 5-3A-3 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3A-3: - Englewood Local Liquor and Marijuana Licensing Authority.
A. Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority ("Local
Licensing Authority" or "Authority"), is vested with the authority to grant or refuse permits and
licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to
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conduct investigations as are required by law, and to suspend or revoke such licenses for cause in
the manner provided by law. Such Authority shall have all the powers of the Local Licensing
Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018. C.R.S. Title 44 Articles 3,
4, and 5, as amended.
B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing
Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions:
1. Processing and issuance of special events permits pursuant to Article 5 of Title 44, C.R.S.
2018 C.R.S. Title 44 Article 5, as amended, provided that there are no parties filing a
written objection to said permit.
2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that
the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and
associated regulations during the preceding year.
3. Changes in shareholders, officers, directors or trade names of a licensee, or registration
and/or changes in on-site manager, provided that any investigation conducted by the City
does not reveal information that may reasonably form the basis of a determination that the
applicant is not qualified to hold the respective license.
4. The issuance of temporary permits pursuant to and in compliance with the provisions of
C.R.S. § 44-3-302, and C.R.S. § 44-3-303. A temporary permit fee shall be charged in
conjunction with the issuance of each temporary permit.
5. Request to change, alter or modify the premises as set forth in E.M.C. Section § 5-3A-
8.
6. Permits issued in accordance with applicable provisions of the Englewood Municipal
Code, including Section § 5-3A-9.
7. Transfer of ownership.
The City Clerk may refer any licensing decision authorized under this section to the Local
Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local
Licensing Authority.
C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall
issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are
required by law and this Code. The City Clerk shall serve as the official secretary of the Local
Licensing Authority and shall designate a person or persons to provide the necessary secretarial
and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend
the meetings of the Local Licensing Authority. All public notice shall be made by publication on
the City's official website, or in a newspaper designated by City Council as the City's official
newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the
City Clerk.
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Section 6. Amendment of Title 5 Chapter 3 Section 5-3B-2 of Englewood Municipal Code
Title 5 Chapter 3 Section 5-3B-2 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3B-2: - License Required.
Unless otherwise provided by State law, it shall be unlawful for any person within the City to
manufacture, sell, or possess for sale any malt, vinous, spirituous liquors or fermented malt
beverages unless licensed to do so as provided by both this chapter and applicable provisions of
Articles 3, 4, and 5 of Title 44, C.R.S. 2018 C.R.S. Title 44 Articles 3, 4, and 5, as amended, and
said licenses required are in full force and effect and applicable fees and taxes have been paid in
full.
Section 7. Amendment of Title 5 Chapter 3 Section 5-3B-11 of Englewood Municipal
Code
Title 5 Chapter 3 Section 5-3B-11 to Englewood Municipal Code is hereby amended to read as
follows (new provisions are underlined, deleted provisions struck through):
Sec. 5-3B-11: - Definitions.
Definitions not specifically enumerated herein shall be as defined in Articles 3, 4, and 5 of Title
44, C.R.S. 2018 C.R.S. Title 44 Articles 3, 4, and 5, as amended.
Section 8. General Provisions
The following general provisions and findings are applicable to the interpretation and application
of 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.
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
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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 first reading on the 18th day of September, 2023; and on second reading, in
identical form to the first reading, on the 2nd day of October, 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 in identical form on first and second
reading on the dates indicated above; and published two days after each passage on the City’s official
website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after
first publication on the City’s official website.
Stephanie Carlile
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