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HomeMy WebLinkAboutXXXX-XX-XX LLMLA Synopsis and Bylawsas reNiurculify wfaw,d to suspend or revoke such licenses for cause in the in an ner provided by law. Source ofAuthority: Ordinance of 1980 Appointed y: City Council, Membership includes: No Council Liaison, City Clerk Staff as Recording Secretary The Authority consists of five 5 qualified electors ofthe City, serving overlapping three t3 year terms. No person shall serene as a member of the Local Licensing Authority who shall have any interest in the operation of a liquor establishment or in one serving fermented malt beverages or who has a rues er of his or her immediate family who has such all interest. Any vacancy occurring on the Authority shall be filled for the unexpired term by the City. [_6 and -3 EMC- - 3.3 46, 47 and 7 . ..S. 2-6-1 BOARDSCOMMISSIONS 2-6-1 Chapter LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTH0Rrff* 2-6-1. Licensing .ut% `ty Established. 1 * t Licensing Authority Established. A. There is Hereby established a Local Lice s- ct o ity whichshall have and is vested it the authority to grant or refuse "ceases for e sale at retail f malt, vinous or spirituous quors and fermented t beverages, as provided� love, to suspend or revoke such *ceases for cause in f the manner provided by law. Such authority shall Have all the powers of the Local Lice Authority set forth " Articles , 7 _and 3 of Title 12, C.R.S. 1973. See Title 5, Chapter, Article A of thisMunic- ipal Code for the organization, powers, functions and duties of the Local LicensingAuthority. B. Thereis hereby established, LocalLicens- _ ing Authority to issue only e followingMedical Martuana, Licenses upon payment of e fee and compliance with Localce - i requirements to be determined by the Local LicensingAuthority as set forth e 43.3 of Title 12 . . . A Medicaln en r License; . A MedicalMarijuana Optional Premises Cultivation eration License; . A MedicalJn e- sed Products Manufacturer License. (Code 1985, § 2• -1, Ord. 11-27, § 5 { .Editor's note -Ord. 11-2 , § 6, adopted May 16, 2011, amended the title of Ch. 6 to read as herein Fiat out. The former title was Local Liquor Licensing Authority, upp, No, 32 C 12.9 { . x BY AUTHORITY ORDINANCE , . 1. SERIES or l9eff - INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW ARTICLE COUNCIL BILL NO. 2 MEMBERSHIP, CREATING A LOCAL LIQUOR LICENSING AUTHORITY$- ESTABLISHING THE POWERS, DUTIES, QUORUM,AND s PROVIDING FOR THE TEP14S AND THE MANNER AND METHOD OF APPOINTMENT OF THE MEMBERS OF SUCH AUTHORITYI* PROVIDING TUT SUCH AUTHORITY SHALL HAVE ALL THE POWERS Or A LOCAL LICENSING AUTHORITY AS SET FORTH IN ARTICLES , 47 and 48 OF TITLE 1 C.R.S. 1973, AS AMENDED. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF , COLORADO, AS FOLLOWS: Section1. That Sections12, inclusive, of Chapter 2, t . 1, of the 'E.M.C. shall be designatedis 1., with Sectionsthrough i reserved for_additional material. Section . That Chapter 2. Title 1, t 'E.M.C. i n adding Article , to be numbered Sections 21 through 34, inclusive, to read as follows.- Article1 LICENSINGLOCAL SECTIONS: 11-2-21 Purpose 11- Definitions 11-2-23 Licensing Authority u li 1 "-2-24 Appearance Before the Licensing Authority 11- -- li tic 11-2-26 Investigation 11-2-27 PublicHearing 11-2-28 Decision--NewApplications 11-License n t al 11-2-30 Change in Location, Ownership or Management of Any Licensed Pre 11- -1 Change of Trader Remodeling 11-2-32 Special_ Permit 11-2-33 Suspension and Revocationof is 1 - v it r x r PURPOSE In ur cauthority conferred by Articles , Title47 and 48 of amended, this ordinance i enacted for the purpose of promoting the health, safety and welfare of the presentfuture inhabitants of the City of En ewood by regulating, controlling and li i the sale of malt, vinous and spirituous liquors 11-2-221 DEFINITIONS Certain terms and expressionsi l have the following mein z' Applicant. The t "Applicant" shall mean and include: t If iniviul, that making an application_ under this ordinance. partnershipt all the partners partnershipis is makingi r Na I licenqg_uAdqr,_ this, ordinance,, au ) If a corporation, any officer, director? manager r any stockholdertherein, ) Authority or Licensing Authority. "Authority" "Licensing Aut yn ylocalthe licensing authorityi l . cInvestigator. "Investigator" ` l l the licensing Investigator in Section 1-2 2 r this ordinance. (d) Manager. The term "Manager" shall mean and include that person or those persons it , supervise,versee and administer t trans- actions,servantsthe establishments governed by i ordinance. All other words andin this ordinance l have the meaningsattached the Coloradostatutes regulating the sale of liquor ted malt beverages,r if not otherwisei law, are used i their common, ordinary accepted sense and mea 1- - 3: LICENSING (a) There is hereby established local - licensing authority, which shall have and i t i the authorityt t o a is r the sale at it of malt, vinous, or spirituousliquors fermentedand v rprovided conduct investigations as are required l aw, and to suspend or revoke suchlicenses cause manner providedby law. Such authorityv all the powerslocal licensing set forth in Articles . . 1973,amended.n , Said authority shall consist v qualified electors the CityEnglewood by the ll be appointed Council. . initially twoity shall r a terhose m years, r a term of t ) years, year term. Thereafter, appointments shall be for a three {3} year term. personNo shall member of the local licensing autboritywho shallv any interest in the operationliquor t l or in one serving l beverages or who has a member of his or her immediate uc an interest. c y member of the licensing ut c i.ty may be removed with Or without+ ue y five (5) concurringvotes City Council,, �V'Acancy occurringlicensing authority l filled the unexpiredt erm by the Council. authority l annually elect a chairman their number who shallre vall hearings and proceedings of the authority. The chairman designater of theit to assume his duties in hisabsence. A quorum shall consist three3 decision o it of membersy the of the authorityshall control. absent "member may � i decision on afterthe evidenceadduced hearings conducted uring his absence. All decisions are final, subject only to appealto a courtcom- patent jurisdiction. ? Members of c itshall serve without compen- sation, but shall be reimbursed r any necessary expenditures incurred in the performancetheir duties. (f) The Director of i nce - EX-Officio Cityrre u r (CityClerk) r licenses, and shall issue al - ice granted by t authority,,receipt of suchlicense and taxes as are required y law and this r i n The City Clerkv the officialsecretary of the authorityshall designate a person or personsto providethe necessary secretarial �The c tin services for the authority. City Clerk 5 -3— l or his designate attend authority. ll public notice by publication postingnewspaper and by the as r it the Colorado i r Code, as amended, shall be accomplished the CityClerk. ) Such person or persons as the Cityn t of Englewood shall nate shall serve as investi- gators performinvestigative dut the local licensing t y 11-2-24: APPEARANCE BEFORE THE LICENSING AUTHORITY �- The applicant defined, or his designatedrep- resentative, may appear befo the authorityiv testimony i his own behalf. The applicant may alsolperson as a witness in behalf of or in`support of hisio other person or parties in interest iv testimony the Authority any application by way of protest against any pro- bosedis to be issued. Upon receiptof applicationo new is the City1 l cause to be published public hearing to be heldli.er than thirty 3) but -not o t v yve_ (days -after -receipt -thereof,., - (a) The CityAttorney' f c l be the legal advisor to the licensing it shall r t the licensing aut ri y and,tityEnglewood in -all proceedings r licensing authority and in all courts where any decision of the licensingauthority is appealed. 1-2-25.- PUBLIC NOTICE The authority ll cause to be posted and publishedu l c otice of the hearingto be heldon the applicationprovided fn Articles 46, 47 andi, 12,C.R.S.1973, as amended, and rregulations pro 1 thereunder. i-2-26 INVEST 1 The application, including ll investigations �erformed by the designatedrepresentative of the Cit nshall be received by the authorityand applicant at least five) days ri r to the date of hearingon saidapplication shall 4vailable to any interested r t leastfive (5) days prior '-he hearing.Petitions l be presentedto the City Clerk r 3) working daysor the hearingdate. 1 - 7: PUBLIC HEARING licensing t rit 11 promulgate c r t c all hearingso appli- cations ` n f licenses. revocation r suspension of licenses, licensing ishall have the power to administer t issue subpoenast presencehe r the production books, and records necessary t t detany hearing ermination licensing t r authorized to conduct. It shall be unlawful for any person to it tcomply withany subpoena issued ri. in the proper conduct its hearings.Municipal Court of the tt Englewood lenforce licensing and ccompelling wit- nesses attendtestify or produce, records r other evidence,l l i es of punishment for contempt in case of failureto comply with c € r c subpoena the same manner as a subpoena issued by the District ur the State of Colorado. itwitness to comply with such, the City Attorney1, at the direction of the authority-, l) Petition any judge of is of the City ive , setting h notice of attendanceaof the witnessa n is e of the subpoena, evidence in support of or contrary to the � petition, enter its order compellingthe witness to attend and testify c records, or other v n , under penalty of punishment contempt in caseof ll failure to comply withu r of court, ( Petition the Districtu in and for the County of ©, setting fortht due notice has been given of the time and place of atten- dancethe witnessthe serviceof the sub- poena, that the court after hearing evidencei support o contrary tthe petition, enter its order as in other civil actions, compelling witness to attendand testify or c books, or other evidence, under penalty punishment for contempt in case of willful failure to comply it such order court. l - ;DECISION --NEW APPLICATIONS 3 ( Following the public hearing on new applications, the authorityshall renderit i.i than thirtythereafter; provided, v, that the authoritycontinue the hearingr time t time as may be required t necessary factsn evidence n too _ permiti to testify, and the 4 . m time limited hereinshall run from the date of conclusion the hearing, as continued. fb) Before entering any decisionapproving or denyingthe application, the locallicensing t ritshall con- sider r cts and evidence adducedIt of its investigation,- s well as any other, the desiresthe inhabitants the neighborhoodr the reasonable requirements of the neighborhoodr the type of license i c t , the number, type and availabilityioutlets located in or near the neighborhood under consider- ation, _ t _t matters affecting qualifications of the applicantfor conduct of the type of businessproposed. City Clerk shall send a writtencopy of the decision of the authorityn the reasons therefor by certified it to the applicant at the address shownthe applicationp and to any other party i interest upon request. 11-2-29: LICENSE RENEWAL (a,) All renew_ l applications for malt, vinous spiri- tuous liquor is t It beverage licenses shall be submittedthe Citythe prescribed forms no later than forty-five prior to the dateon the license formsll be accompaniedall the required fees additionaland such a l the authority necessary to carry out the provisionsof the Colorado Liquor c, as amended, this ordinance# and all applicable regulations. No renewal application shall be accepted y the City Clerkwhich is not complete in every dtit. Any=application mailedto or deposited with the City Clerk whicht upon examination, is found, to have someomission cshall be returned t the applicant for completion or correction wit any action the partthe CityClerk r the tyShould y renewal application be received in completed fc less than forty-five5 y prior to the dateis the license i s, it shall be deemed a late lic i n. The authority shall not be answerable for the failurelicense to issue by the expiration dato ` any late:'ap- plication. Nothingin this sectionall serve authority for any salet retail of alcoholic without license r u to l. receiving the completedrenewal is io , the City Clerk shall asseml the file of the applicant forwardthe applicationit to the licensing iand authority o its action. 3 (c) If there is evidence that the licensee should not have his license renewedr an additional n l year, the City1 l cause to be issued noticeof intentionvand/or license, i ce he shall cause to be served upon the licensee t ing of application for renewal. 11-2-30.- CHANGE IN LOCATIONf OWNERSHIP OR MANAGEMENT LICENSEDOF ANY y licensee desiring location, ownership,.or management of the licensed premisesshall submit an application said change to the CityClerk, which i con- formity t t Colorado r , as amendedj, and contained in Articles'46, 47 and 48 or Title1, C.R.S. 1973, as amended, the ordinancesit n l o, Colorado. 11-2-31: CHANGE OF TRADE NAME OR REMODELING licensee desiring to change the trade of the licensed premisesor enlarge, modifyr remodel or # redecorate any premises licensedherein applicationto the authorityin conformity i Coloradoi r Codet as amended, and contained Articles , 47 and 48 of TitleC.R.S. 1973, as amended, and the ordinances of the CityEnglewood, Colorado. ) Any application, modify, premiseslicensedinl include part of the application a detailedplan, including Ins and specificationso in both the interior and exteriori i . il-2-32: authorityy grant to .cspecial s ermit accordance it l Liquor Code, as amended. 3SUSPENSION licensing authoi 1 have the power upon its own motionr upon complaint t 1Summarily suspend license r a periodof t l notice to the licensee nd hearing to suspend any license or a periodnot to exceed i months. 3 revoke suchlicense, or -7- ! { combination, « licensing t itestablish procedures for receiving i t violation of this Chapteror any unlawful act definedin the Liquor rulesCode, as amended, regulations €� t r cDepartment of Revenue Liquor Enforcement ivi i State oColorado. The t Attorneyt i Englewood orhis authorizeddesignate shallt evidence t any hearingfor irevocation i support of the show causer rit y may also employ independent counsel to act as itslegal vi i connection ith such hearing. (c) Whenever the authority or the Cityl r on behalf of the authorityreceives a written complaint charging any licensee it violation the ColoradoLiquor c , n theordinances Q t it c of Englewood, of , the authoritycause an investigation to be madeto determine the veracity of said charge or charges. r investigation thereof, ..authority.determinationand a . probable ut the' cior charges, the authorityshall cause to be issuedtic i ct ed to the licensee. Any noticeof show cause directed any licensee l iv n by mailing the same in writing licensee contained such license. The notice ll direct the licensee to appear t a certain l t a time designated, which dateshall be not earlier than it after mailing, to show c u if he have, license should ct be suspended or revoked. notice a t contain information generally describingthe alleged violation or violations of any provision of the ColoradoLiquor Code, as amended, r any rules or regulations duly promul the Department of Revenuei t Division of the State cl. r a, and any ordinancesthe City Code of Englewood, Clara 11 34; SEVERABILITY if any. section, c i , sentence, clause, phr , or portion this ordinance is for any reason held invalid un- constitutional by acourt of competent ur s icti , such ti n shall be deemed a separate, distinct, and independent provision and such holding shall not affectt validity the remaining portions r $4 Section t all ordinancest ordinances I -Coder o, Colorado, in conflict herewith are hereby expressly , Introduced, read in full, and passed on t reading on the 19th day of May, Published l r an Ordinanceon the 21st day of May, 1980. Read by title and passed on finalreading on the 2nd day of June, 1980. Published by title as Ordinance No. 12 Series of 1980, on the 4tha , 1980. Attest: r zap�C�lerk-�reas , Higbee, Gary R. ex officioit Clerk -Treasurer of the City of Englewood, Colorado, do herebythat the above foregoing is a true, accurate and complete y ofOrdinance passedc rz reading _ published title as OrdinanceNo. 1 Series. 1980. �R.