HomeMy WebLinkAboutPACKET Administrative Committee 1993-06-28ADMINISTRATIVE COMMITTEE
June 28, 1993
10:00 a.m. -- Room 103
AGENDA
1. Liquor License Procedure Ordinance - Review ordinance to
simplify liquor license procedures.
2. "No Smoking" in Town -Owned Buildings and Vehicles -
Discussion.
3. "Reinventing Government" Video Showing.
Reports.
Town Fund Balances.
June 25, 1993
TO:
Honorable Mayor Dannels and
Board of Trustees
FROM: Rich Widmer
Assistant Town Administrator
RE: ADMINISTRATIVE COMMITTEE AGENDA DISCUSSION
LIQUOR LICENSE PROCEDURE ORDINANCE
Attached is a memorandum from Town Attorney White explaining the
proposed ordinance. The intent of the proposed ordinance is to
simplify the liquor license process by allowing the Town Clerk to
approve liquor license renewals, modification of premises, and
special event permits unless there are apparent problems. You will
still act on all new applications and change of ownerships. Also
included for your information is a revised liquor license public
hearing procedure prepared by Town Clerk O'Connor. This procedure
was revised to simplify the public hearing process. Town Clerk
O'Connor will present this item and answer any questions you may
have.
Recommendation: Recommend to the Town Board approval of the
proposed ordinance and revised public hearing procedure.
(303) 586-5331 • RE) BOX "1 200 e 15TES PARK, CO 8051 7 • FAX (303) 586-281 6 A DN10 N IS..RAI1(.) N FAX (30.3) 586-6909 OTH 02
n of Pdrk (..:Iolloirditc) 80..5117
Administrative Committee Agenda Discussion, June 28, 1993 - Page 2
"NO SMOKING,' IN TOWN -OWNED BUILDINGS AND VEHICLES
Staff believes it is time to consider enacting a "No Smoking"
policy in all town -owned buildings and vehicles. The Municipal
Building was made "No Smoking" in April 1989. For the protection
of all of our employees and the general public, staff believes the
ban should be extended to include all town -owned buildings,
including the Conference Center, and all town shops, as well as all
town vehicles.
REINVENTING GOVERNMENT VIDEO
You have all probably heard or read of the book, "Reinventing
Government", by Ted Gaebler and David Osborne. The book and its
conclusions are generating a lot of discussion around the country.
We have obtained a video of a seminar Mr. Gaebler presented in
Denver last fall which we believe you and the management staff
should see. It is approximately two hours long. We should be able
to finish by 12:15 at the latest, assuming a short time for
discussion of the first two items on the agenda.
LYNN A. HAMMOND
ROGER E. CLARK
GREGORY A.WHITE
MARTHA P. ALLBRIGHT
HAMMOND, CLARK AND WHITE
LAW ❑FFICES
BANK ❑NE BANK BUILDING, SUITE 416
20❑ EAST SEVENTH STREET
LOVELAND, COLORADO B0537
303-667-1❑23
TELEFAX
3❑3-6E9-936❑
MEMORANDUM
TO: Vickie O'Connor
FROM: Greg White
DATE: June 14, 1993
RE: Change of Liquor License Procedure
ALFRED P. DAVIS
OF COUNSEL
Accompanying this memorandum is a proposed ordinance
changing the liquor license procedures. Basically I have
streamlined the procedures to allow you, as Town Clerk, to issue
renewals, modification of the premises and special events permits
if they are complete and do not have any indication of problems
with the license. The procedures retain public hearings on
change of ownership and new applications. I feel that it is
important in a change of ownership situation for the new owner to
be reviewed by the Town Board. I have not included within the
ordinance anything to do with manager registration, extended
hours, change of corporate structure and the like. Those do not
require a hearing of any kind and appear to be informational
only. I do not believe that it is necessary to do'anything other
than process those at your level.
Also, you may want to review the amount of the fees to make
sure they are consistent with the statutes and whether or not
there should be any modification of those fees.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5.30 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO
REGALING LIQUOR LICENSE FEES AND PROCEDURES
WHEREAS, the Board of Trustees of the Town of Estes Park
have determined that it is necessary to amend Chapter 5.30 of the
Municipal Code of the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO.
Section 1. Chapter 5.30 shall read as follows:
5.30.010 Liquor and beer application fees: Each application
to the Town for a 3.2% beer, malt, spirituous or vinous liquor
license shall be accompanied by a fee as follows:
A. For a new license, four hundred fifty dollars
($450.00);
B. For a transfer of location or ownership, two
hundred fifty dollars ($250.00);
C. For a renewal of an existing license, twenty-five
dollars ($25.00);
D. For a change of registered manager for a hotel and
restaurant license, seventy-five dollars ($75.00).
5.30.020 Renewals:
A. All renewal applications for malt, vinous and
spirituous liquor licenses and for fermented malt beverage
licenses shall be submitted to the Town Clerk on the prescribed
Corms, together with the applicable license fees no 'later than
forty-five (45) days prior to the date on which the license
expires. The Town Clerk may waive the forty-five (45) day
requirement, but in no event shall any application for renewal be
accepted by the Town Clerk after the date of expiration of the
license. No renewal application shall be accepted by the Town
Clerk which is not complete in every detail.
B. Upon receiving the completed renewal application,
the Town Clerk shall review the application and any other
pertinent information to determine whether "good cause" is
present for renewal. Whether "good cause" is present is a fact
specific inquiry depending on the circumstances of the case, and
shall be based on evidence that continuation of the license would
be contrary to the public interest, as well as the conduct of the
licensee. If the Town Clerk's review indicates no facts or
circumstances supporting "good cause" for nonrenewal, the Town
Clerk shall issue a renewal license.
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 Town Board shall make
a determination whether or not the license shall be renewed.
Section 5.30.030 New Licenses and Transfer of Ownership:
A. All applications for new licenses and transfer of
ownership shall be submitted to the Town Clerk on the prescribed
forms, together with the applicable license fees. No new license
or transfer of ownership application shall be accepted by the
Town Clerk which is not complete in every detail.
B. Upon receiving the completed application, the Town
Clerk shall set the application for public hearing, publish and
post the premises as provided in the applicable sections of the
Colorado Liquor and Beer Codes.
Section 5.30.040 Modification of Premises:
A. All applications for modification of premises shall
be submitted to the Town Clerk on the prescribed forms. No
modification for premise application shall be accepted by the Town
Clerk which is not complete in every detail. Upon receiving the
completed application, the Town Clerk shall review the
application and any other information to determine whether or not
the premises, as changed, altered or modified, will meet all the
pertinent requirements of the Colorado Liquor or Beer Code and
the regulations promulgated thereunder. If the Town Clerk's
review indicates that the premises, as changed,' altered or
modified, will meet said pertinent requirements, the Town Clerk
shall approve the application for 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 Town Board on the denial if the
applicant requests the same within fifteen (15) days after the
date of the notice of denial.
5.30.050 Special Events Permit:
A. All applications for special events permits,
pursuant to Article 48 of of Title 12, C.R.S., shall be filed
with the Town Clerk on the prescribed forms together with the
applicable permit fees. No special events application shall be
accepted by the Town Clerk which is not complete in every detail.
B. Upon receiving the completed special events
application, the Town Clerk shall review the application and any
other documentation and determine whether or not the application
meets all of the requirements of Article 48 of Title 12, C.F.S.,
and the regulations promulgated thereunder. The Town Clerk shall
also cause the premises to be posted as provided in said statute.
If the Town Clerk finds that all applicable requirements of the
state statute and regulations promulgated thereto are met, and no
protest has been filed, the Town Clerk shall issue the 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 Town Board shall
determine whether or not to issue or deny the permit.
Section 6. This Ordinance shall take effect and be enforced
thirty (30) days after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO THIS DAY OF , 1993.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
June, 1993
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
MAYOR. The next order of business will be the public hearing on
the application of
for a New
Hotel & Restaurant Tavern
Beer & Wine 3.2% Retail Beer
Liquor -Licensed Drug Store Club
license located at
TOWN ATTORNEY.
The application was filed and, at
a meeting of the Board of Trustees on
the public hearing thereon was set at 7:30 P.M. on
, 19 , and the neighborhood boundaries for the purpose
of this application and hearing were established to be
miles.
This public hearing will be conducted in the following manner:
The applicant will be allowed to state his case and present
any evidence he wishes to support his application.
The opponents will then be given an opportunity to state their
case and present any evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the
evidence presented by the opponents. No new evidence may be
submitted.
The opponents will be allowed a rebuttal which may only rebut
1-5
the evidence of the applicants. No new• evidence may be offered.
The Board of Trustees may ask any questions of any person
speaking at any time during the course of this hearing. At this
hearing, the Board of Trustees shall consider the facts and
evidence determined as a result of its investigation, as well as
any other facts, the reasonable requirements of the neighborhood
for the type of license for which application has been made, the
desires of the adult inhabitants, the number, type and availability
of liquor outlets located in or near the neighborhood under
consideration, and any other pertinent matters affecting the
qualifications of the applicant for the conduct of the type of
business proposed.
TOWN ATTORNEY will present the application and confirm receipt of
the following:
Receipt of all necessary fees and hearing costs.
The applicant is filing as an:
An individual.
A Partnership.
A Corporation.
The property is zoned C-D Commercial Downtown
or C-O Commercial Outlying, which allows this
type of business as a permitted use.
The notice of hearing was published on
The premises was posted on
1-6
There is a police report with regard to the
investigation of the applicant.
(There is a map indicating all liquor outlets
presently in the Town of Estes Park available upon
request.)
The Town Attorney asks whether any of the Trustees have any
questions regarding the application.
Mayor Applicant please present your evidence.
Ask the Town Clerk whether any communications have been
received in regard to the application.
The Town Clerk reads all communication.
Ask the Board if there are any further questions.
Indicate that all evidence presented will be accepted as part
of the record.
Ask the Board if they have any further comments.
MAYOR. Declare the public hearing closed.
SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable
1-7
requirements of the neighborhood are/are not met by the present
liquor outlets in the neighborhood and that the desires of the
adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings,. I move that this
license be granted/denied.
"Should be read by every elected official in America.
This book gives us the blueprint." —Bill Clinton
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