HomeMy WebLinkAboutORDINANCE 01-22ORDINANCE NO.01-22
AN ORDINANCE AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL
CODE REGARDING THE LIQUOR LICENSING AUTHORITY
WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park,Colorado.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:Ellipses in this ordinance indicate material not reproduced as the
Board intends to leave that material in effect as it now reads.
Section 2:Title 5 of the Estes Park Municipal Code is hereby amended by the
addition of a Chapter 5.29,to read as follows:
Chapter 5.29 -Liquor Licensing Authority
5.29.010 -Designation of the Authority
(a)Pursuant to the authority conferred by state law,there is hereby created
a Local Licensing Authority for the Town (the “Authority”).
(b)The Authority shall have two (2)divisions as follows:
(1)The Board of Trustees shall generally serve as the Authority on
applications for new liquor licenses,transfers of ownership,and
changes in location.
(2)The Municipal Judge shall serve as the Authority for show cause
orders and hearings on suspensions and revocations and other
disciplinary actions.
(c)The Town Clerk shall serve as the Secretary of the Authority and shall
take administrative actions on behalf of the Authority as provided in this
Code or in Town policy.References to the Town Clerk in chapters 5.30
and 5.31 are intended as references to the Town Clerk acting as the
Secretary of the Authority.There are no procedural or due process
rights to administrative review and approval.The Authority,Town
Attorney’s Office,Town Administrator’s Office,or Police Department
may notify the Secretary of a need to set an application for hearing and
not have administrative review and approval for any reason.If the
Secretary determines that there is evidence that an administrative action
or an application for a new license,transfer of ownership,or change in
location,requested by an applicant or licensee may be contrary to the
law or public interest,or a public objection or protest is received,the
Secretary shall cause the matter to be set for a hearing before the
Municipal Judge,who shall serve as the Authority over the matter.
(d)Before acting upon an application,the Board of Trustees may refer the
application to the Municipal Judge,who shall serve as the Authority over
the matter.
Section 3:Chapters 5.30 and 5.31 of the Estes Park Municipal Code are hereby
amended,by adding underlined material and deleting stricken material,to read as follows:
Chapter 5.30 -Liquor License Fees
5.30.020 -Renewals.
(c)If there is information before the Town Clerk tending to constitute
“good cause”for not renewing a particular license for an additional year,the
Town Clerk shall cause to be issued a notice of hearing.The service and
posting of notice shall be as provided in the applicable sections of the
Colorado Liquor and Beer Codes.At the hearing,the Municipal Judge
Board of Trustees shall make a determination whether or not the license
shall be renewed.
5.30.040 -Modification of premises.
(b)If the Town Clerk denies the application,the Town Clerk shall give
notice in writing and state the grounds upon which the application was
denied.The applicant shall be entitled to a hearing before the Board of
Trustees Municipal Judge on the denial if the applicant requests the same
in writing to the Town Clerk within fifteen (15)days after the date of the
notice of denial.
5.30.050 -Special events permit.
(c)If there is information before the Town Clerk and/or any protest filed
by affected persons,the Town Clerk shall cause to be issued a notice of
hearing on the special events application.The Town Clerk shall do all
required posting and notification.At said hearing,the Municipal Judge
Board of Trustees shall determine whether or not to issue or deny the
permit.
Chapter 5.31 -Optional Premises Liquor Licenses
5.31.020 -Eligible facilities.
(b)There are no restrictions on the minimum size of the outdoor sports
and recreational facilities which may be eligible for the approval of an
optional premises license.However,the Local Liquor Licensing Authority
Board of Trustees may consider the size of the particular outdoor sports or
recreational facility in relationship to the number of optional premises
requested for the facility.
Section 4:This Ordinance shall take effect and be enforced thirty (30)days after
its adoption and publication.
PASSED AD ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this 25 day of
_______________,
2022.
TOWN OF ESTES PARK,COLORADO
By:
ATTEST:
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--C
To Clerk
I hereby certify that the above S.cdinance was introduced at a regular meeting of the
Board of Trustees on the %!5 day of
___________,
2022 and published in a
newspaper of general circulation in the Town of Este Park,Colorado,on the day
of ‘,2022,all as required by the Statutes of the State of Colorado.
TClerk
APPROVED AS TO FORM:
Town Attorney