Town of Elizabeth
PUBLIC HEARING PROCEDURES
You will be appearing before the Town
of
Upon the formal acceptance of your
application, the Board will set the matter for a public hearing. Colorado
Liquor Code stipulates that this hearing must be no sooner than 30 days after
acceptance of your application. The hearing will take place at
The purpose of the hearing is to receive information, data and
testimony by interested parties, in order to enable the Board to make findings
and reach the conclusions required to be made by State law as to whether or not
the application should be approved or denied. The statutory criteria that the
Board will be concerned with throughout the hearing are the reasonable
requirements of the neighborhood needs and desires of the adult inhabitants of
that neighborhood with respect to the business proposed. Those persons who will
be heard during the hearing are parties, who are defined by the Colorado Liquor
Code as being the applicant, adult residents and owners/managers of businesses
located in the defined neighborhood.
If the results of the background investigation produce items that
give the Board cause to question the moral character of the applicant, the
applicant will be notified in accordance with State law, and will have the
opportunity to present evidence and respond to questions from the Board during
the hearing.
The hearing sequence is summarized as follows:
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The applicant has the responsibility of
providing the Board with sufficient evidence to indicate that these criteria
would be met by granting the application. Because you have the burden of proof,
you will present your evidence, testimony, and witnesses to support granting
the application.
v
Other members of the public who want to
speak in favor or against the application will then be given an opportunity. If
there is opposition, the applicant will have the opportunity for rebuttal.
v
The Board may ask questions of anyone
who testifies.
This is not a trial, and is not subject
to courtroom rules of procedure. However, a record is kept to allow the opportunity
to have the record examined by District Court to verify that there was
sufficient evidence to support the findings. Anyone who speaks must come to the
microphone and identify themselves. There are no formal rules of evidence, but
the hearing officer has the duty to ensure that everyone gets a full, fair and
impartial hearing. The hearing officer reserves the right to limit testimony
that is repetitive, inapplicable or given by someone who is not party in
interest.
The Board’s normal procedure is to make
a decision and take action on the application the same night.
I verify that I have been made aware of
and received a copy of the written advisement regarding the public hearing
procedures before the Town of
Business Name:________________________________ Date:_____________________________________
Printed Name:_________________________________ Applicant Signature:__________________________