Elizabeth, Colorado
|
Elizabeth, Colorado
|
|
Quick Links 2007 Street and Utility Improvements
|
Forms Town Forms State Forms
Code ARTICLE III Alcoholic Beverages Sec. 6-3-10. Definitions. (a) As used in this Article, unless the context otherwise requires: Retail license means a grant to a licensee to sell fermented malt beverages pursuant to the Colorado Beer Code (Article 46 of Title 12, C.R.S.) or a grant to a licensee to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title 12, C.R.S.). Retail licensee or licensee means the holder of a license to sell fermented malt beverages pursuant to the Colorado Beer Code (Article 46 of Title 12, C.R.S.) or the holder of a license to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title 12, C.R.S.). (b) All other terms shall be defined as set forth in the provisions of the Colorado Beer Code, the Colorado Liquor Code and Special Event Permits, as the definitions presently exist or may hereafter be amended. (Ord. 01-20) Sec. 6-3-20. Application of state statutes. Pursuant to declaration by the General Assembly, the Colorado Beer Code, Section 12-46-101 et seq., C.R.S., the Colorado Liquor Code, Section 12-47-101 et seq., C.R.S., and Special Event Permits, Section 12-48-101 et seq., C.R.S., as they presently exist or may hereafter be amended, shall apply to the sale of fermented malt beverages, alcoholic beverages, special malt liquors, spirituous liquors and vinous liquors in the Town. (Ord. 01-20) Sec. 6-3-30. Power and purpose. The Board of Trustees finds and determines that it is empowered by Section 12-47-135, C.R.S., to fix and collect certain fees in connection with the application for issuance, transfer and renewal of certain types of beer, wine and liquor licenses. The Board of Trustees further finds that the fees established in this Article are reasonable and are in amounts sufficient to cover actual and necessary expenses incurred by the Town in connection with the handling of such licenses and applications therefore. (Ord. 01-20) Sec. 6-3-40. Licensing fees. The following fees shall be paid to the Town Clerk by the applicant at the time of the filing of the application or request:
Sec. 6-3-50. Suspension or revocation; fine. (a) Whenever a decision of the Board of Trustees, acting as the Local Licensing Authority (hereinafter "Authority"), suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition the Authority for permission to pay a fine in lieu of having his or her retail license suspended for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:
(b) The fine accepted shall be equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). (c) Payment of any fine pursuant to the provisions of this Section shall be in the form of cash, certified check or cashier's check made payable to the Town Clerk and shall be deposited in the general fund of the Town. (d) Upon payment of the fine pursuant to this Section, the Authority shall enter its further order permanently staying the imposition of the suspension. (e) In connection with any petition pursuant to this Section, the authority of the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed. (f) If the Authority, does not make the findings required in Subsection (a) above and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Authority. (Ord. 01-20) Sec. 6-3-60. Optional premises. (a) Optional premises license and optional premises for a hotel and restaurant license may be issued by the Authority. (b) The following standards shall be applicable to the issuance of a license under this Section, in addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises license and optional premises for a hotel and restaurant license.
(c) The application for an optional premises license or optional premises for a hotel or restaurant license shall be accompanied by the following:
Sec. 6-3-70. Educational requirements. Every hotel and restaurant licensee, registered manager and licensee's employee is encouraged to obtain a certificate of completion from an educational program of training for intervention procedures for servers of alcohol. Those registered managers obtaining a certificate of completion may file a copy of the certificate of completion with the Authority with an application of renewal of a liquor license. (Ord. 01-20) Sec. 6-3-80. Special event permit. The Board of Trustees shall be empowered to issue permits which exempt special events, meetings or functions from regulations prohibiting the possession or consumption of alcoholic beverages in public upon application to the Board by the organization holding said event. Said application shall be received and acted upon by the Board of Trustees no less than ten (10) days prior to the date of said event. The permit issued shall designate the specific time and place of the exempted event, the purpose for which the event is being held and the anticipated number of parties in attendance. Nothing in this Section shall be construed as a waiver of the enforcement of any other ordinance of the Town or state statute. (Prior code 7-1.1; Ord. 01-20) Sec. 6-3-90. Tastings authorized. (a) Authorization. In accordance with Section 12-47-301(10)(a), C.R.S., the Town hereby authorizes "tastings," as that term is defined in Section 12-47-103(37.5), C.R.S., thereby allowing retail liquor store and liquor-licensed drug store licensees to conduct tastings subject to all of the limitations set forth in Section 12-47-301(10), C.R.S., except that the Town hereby imposes the following additional limitations pursuant to Section 12-47-301(10)(a), C.R.S., as follows:
(b) Applications. Applications for tastings shall be submitted to the Town Clerk on forms provided by the Town, together with the applicable license fee. No tastings application shall be accepted by the Town Clerk which is not complete in every detail. (c) Process. Upon receiving the completed tastings application, the Town Clerk shall prepare the file for review by the Board of Trustees acting as the Town Liquor Licensing Board. In the event the Board of Trustees determines that the applicant has complied with the provisions of Section 12-47-301, C.R.S., and that the applicant is able to conduct tastings without creating a public safety risk to the neighborhood, the application shall be granted. (d) Hearing. If the Board of Trustees determines there is good cause for a hearing to consider whether the applicant has complied with the provisions of Section 12-47-301, C.R.S., or whether the applicant is able to conduct tasting without creating a public safety risk to the neighborhood, the Town Clerk, at the direction of the Board of Trustees, shall cause to be issued a notice of hearing on the tastings application. In the event that the Town Clerk issues a notice of hearing on the tastings application, the notice shall be conspicuously posted on the premises at least ten (10) days prior to the hearing. Hearings held on any tastings application may result in approval or denial of said application, and the grounds for any decision on said application shall be whether the applicant has complied with the provisions of the Section 12-47-301, C.R.S., and whether the applicant is able to conduct tastings without creating a public safety risk to the neighborhood. Such decision of the Board of Trustees shall be final. (Ord. 04-10 §2) |
|
