HomeMy WebLinkAbout2025 Ordinance No. 003ORDINANCE COUNCIL BILL NO. 66
NO. 3 INTRODUCED BY COUNCIL
SERIES OF 2024/2025 MEMBER PRANGE
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTIONS 5-3A-5, 5-3A-9, AND 5-3B-4 TO REFLECT REVISIONS MADE
TO THE COLORADO LIQUOR CODE.
WHEREAS, during the 2024 legislative session the State of Colorado made
several changes to the Colorado Liquor Code; and
WHEREAS, the Colorado legislature passed SB24-231 reflecting the
recommendations of the Liquor Advisory Group; and
WHEREAS, among some of the changes enacted by SB24-231 are separate
licenses for lodging and entertainment facilities, expanded hours for alcohol tastings, and
removed the requirement that local licensing authority’s schedule a public hearing on
applications for a new retail liquor license; and
WHEREAS, the Colorado Legislature passed HB24-1156 adding chambers of
commerce to the list of organizations eligible to obtain special event liquor permits; and
WHEREAS, the changes to the Colorado Liquor Code requires the City of
Englewood to amend sections of Title 5 to reflect the changes made by the state, ensure
consistency, and avoid conflicts with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 5 Chapter 3 Article A Section 5-3A-5 of Englewood
Municipal Code
Title 5 Chapter 3 Article A Section 5-3A-5 to Englewood Municipal Code is hereby amended to
read as follows (new provisions are underlined, deleted provisions struck through):
5-3A-5: - Notice and Hearing Procedures.
A. Public Notice. The Aauthority shall cause to be posted and published public notice of the
hearing to be held on the application as provided in C.R.S. Title 44 Articles 3, 4, and 5 Articles 3,
4, and 5, of Title 44, C.R.S. 2018 and the regulations promulgated thereunder.
B. Investigation. The application, including any and all investigations performed by the designated
representative of the City Manager, shall be received by the Aauthority and applicant at least five
(5) days prior to the date of hearing on said application and shall be available to any interested
party at least five (5) days prior to the hearing. Petitions shall be presented to the City Clerk three
(3) working days before the hearing date.
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C. Public Hearing.
1. The Licensing Authority may schedule a public hearing and shall promulgate rules of
procedure for the conduct of all hearings on applications for licenses or for revocation or
suspension of licenses as provided in C.R.S. Title 44 Articles 3, 4, and 5.
2. The Licensing Authority shall have the power to administer oaths and issue subpoenas to
require the presence of persons and the production of papers, books and records necessary
to the determination of any hearing which the Licensing Authority is authorized to conduct.
It shall be unlawful for any person to fail to comply with any subpoena issued by the
authority in the proper conduct of its hearings. The Municipal Court of the City shall
enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall enter
its orders compelling witnesses to attend and testify or produce books, records or other
evidence, and shall impose penalties of punishment for contempt in case of failure to
comply with such orders.
3. A subpoena shall be served in the same manner as a subpoena issued by the District Court
of the State of Colorado. Upon failure of any witness to comply with such subpoena, the
City Attorney shall, at the direction of the Authority:
a. Petition any judge of the Municipal Court of the City, setting forth that due notice has
been given of the time and place of attendance of the witness and the service of the
subpoena, that the court, after hearing evidence in support of or contrary to the petition,
enter its order compelling the witness to attend and testify or produce books, records or
other evidence, under penalty of punishment for contempt in case of willful failure to
comply with such order of court, or
b. Petition the District Court in and for the County of Arapahoe, setting forth that due notice
has been given of the time and place of attendance of the witness and the service of the
subpoena, that the court after hearing evidence in support of or contrary to the petition,
enter its order as in other civil actions, compelling witness to attend and testify or produce
books, records or other evidence, under penalty of punishment for contempt in case of
willful failure to comply with such order of court.
Section 2. Amendment of Title 5 Chapter 3 Article A Section 5-3A-9 of Englewood
Municipal Code
Title 5 Chapter 3 Article A Section 5-3A-9 to Englewood Municipal Code is hereby amended to
read as follows (new provisions are underlined, deleted provisions struck through):
5-3A-9: - Special Event, Alcohol Tasting, Festival, and 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 Title 44 Article 5. C.R.S. § 44-5-101 et seq.
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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 Title 44 Article
5. 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. Alcohol tastings for the sampling of beverages containing alcohol or liquor are hereby
authorized within the City, if held in compliance with all provisions of in accordance with C.R.S.
§ 44-3-301(10) and pursuant to .
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 issued by the Authority
to the holder of a City qualified liquor license 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. Retail Establishment Permit. A person operating a retail establishment that offers
complimentary alcohol beverages for consumption only on the premises may be issued a retail
establishment permit, which shall be renewed annually, all in conformance with C.R.S. § 44-3-
424.
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D. Festival. A licensee shall 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 sixty (60) calendar 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 3. Amendment of Title 5 Chapter 3 Article B Section 5-3B-4 of Englewood
Municipal Code
Title 5 Chapter 3 Article B Section 5-3B-4 to Englewood Municipal Code is hereby amended to
read as follows (new provisions are underlined, deleted provisions struck through):
5-3B-4: - Hotel/Restaurant, Tavern, Lodging, or /Entertainment Managers
A hotel/restaurant, tavern, or lodging, or /entertainment licensee shall either manage the licensed
facility or special event or shall report the name of a separate and distinct manager to the local
licensing authority. The licensee shall report any change in manager to the City Clerk within thirty
(30) days after the change, accompanied by the state and local reporting fees established by
applicable law.
Section 4. 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
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
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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 by reference or in full 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. Manuals, Municipal Code, contracts, and other
documents approved by reference in any Council Bill may be published by reference or in full
on the City’s official website; such documents shall be available at the City Clerk’s office and in
the City Council meeting agenda packet when the legislation was adopted.
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 16th day of December, 2024; and on second reading, in
identical form to the first reading, on the 6th day of January, 2025.
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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