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Home My WebLink About08368 ORDINANCE NO. 8368 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS, REMOVING OBSOLETE PROVISIONS, MAKING THE ARTICLE CONSISTENT WITH STATE STATUTE AND ELECTING TO PLACE SOLE AUTHORITY FOR ISSUANCE OF SPECIAL EVENT PERMITS IN THE PUEBLO LIQUOR AND BEER LICENSING BOARD BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Article IV of Chapter 5 of Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Article IV Special Event Permits Sec. 11-3-41. Liquor and Beer Licensing Board; local authority. The Liquor and Beer Licensing Board as local authority may issue a special fermented as defined in event permit for the sale, by drink only, of malt beverages, Section 12-46-103, C.R.S., as amended,, by the drink only, or the sale of malt, , as defined in Section 12-47-103, C.R.S., as amended, spirituous or vinous liquors [][] and political candidates48 of Title to organizations qualifying under this Article , [] 12, C.R.S., as amendedArticles 46 and , subject to the provisions of this Chapter [] 47 of Title 12, C.R.S., as amended, 48 and to the limitations imposed by thisArticle of Title 12, C.R.S., as amended . Sec. 11-3-42. Organizations who qualify. A special event permit issued under this Article may be issued only to an [] Articles 46 and organization, whether or not presently licensed under this Chapter 47 of Title 12, C.R.S., as amended , which has been incorporated under the laws of this State for purposes of a social, fraternal, patriotic, political or athletic nature, and not for pecuniary gain, or which is a regularly chartered branch, lodge or chapter of a national organization or society organized for such purposes and being nonprofit in and to nature, or which is a regularly established religious or philanthropic institution any political candidate who has filed the necessary reports and statements with the secretary of state pursuant to Article 45 of Title 1, C.R.S., as amended . [ Sec. 11-3-43. Organization must supply proof. A special event permit may be issued only upon a satisfactory showing by an organization that: (1) Its existing licensed facilities are inadequate for the purpose of serving members or guests of the organization and that additional facilities are necessary by reason of the nature of the special event being scheduled; (2) The organization is temporarily occupying premises other than its regular premises during such special events as civic celebrations or county fairs, and that members of the general public will be served during such special events; and (3) Other existing facilities are not available or inadequate for the needs of ] the organization. [] Sec. 11-3-43. Fees. 11-3-44 (a) The fee for investigation and issuance of a special event permit is one [] hundred dollars ($100.00) per permit. (b) All such fees are payable at the time application for a special event permit is made. The Liquor and Beer Licensing Board as local authority may require any applicant to post a performance bond to assure compliance with the provisions of this Article. [ Sec. 11-3-45. Permit issued for specific location. Each special event permit shall be issued for a specific location and is not valid for any other location. Sec. 11-3-46 Opening hours. A special event permit authorizes sales of the beverage or the liquors specified only during the following hours: (1) Between the hours of 5:00 a.m. of the day or days specified in a malt beverage permit and until 12:00 midnight on the same day or days. (2) Between the hours of 7:00 a.m. of the day or days specified in a malt, vinous and spirituous liquor permit and until 2:00 a.m. of the day or days immediately ] following. [] Sec. 11-3-47 11-3-44. Issuance of permit; limitation. A special event permit may not be issued to any organization for more than [] fifteen days two (2) consecutive days, or for a maximum total time in one calendar [] The City Clerk shall access information made available year of eight (8) days. on the website of the state licensing authority to determine the statewide permitting activity of any applicant and shall assure compliance with the [ limitation imposed by this section. No issuance of a special event permit shall have the effect of requiring the Liquor and Beer Licensing Board as local authority to ] issue such permit upon any subsequent application by an organization. [] Sec. 11-3-4811-3-45. Denial of permit. The Liquor and Beer Licensing Board as local authority may deny the issuance of a special event permit upon the grounds that such issuance would be injurious to [][] because, the public welfare by reason of the nature of the special event or its or the failure of the applicant in a past special event location within the community to conduct the event in compliance with applicable laws . [] Sec. 11-3-4911-3-46. Forms. Applications for a special event permit shall be made on forms provided by the [] state licensing authority City Clerk , and shall be verified by oath or affirmation of or of the political candidate an officer of the organization making application. Upon [ approval of the application, the City Clerk shall notify the state licensing authority of ] by the Liquor and Beer Licensing Board, the permit shall issue such approval and the approval of the state licensing authority shall not be required. The City Clerk shall report to the state liquor enforcement division, within ten (10) days after the issuance of a permit, the name of the organization to which a permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. SECTION 2. The provisions of this Ordinance shall apply to applications submitted on or after the effective date of this Ordinance. SECTION 3. th This Ordinance shall become effective 12:01 a.m. on the 10 day of August, 2011; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the constitution of the state of Colorado against Senate Bill 11-066 of the Colorado General Assembly within such period, then this Ordinance shall not take effect unless Senate Bill 11- 066 is approved by the people of the state of Colorado at the general election to be held in November 2012 and this Ordinance shall take effect on the date of the official declaration of the vote with respect to Senate Bill 11-066 by the governor of the state of Colorado. INTRODUCED June 27, 2011 BY: Larry Atencio COUNCILPERSON PASSED AND APPROVED: July 11, 2011 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # R-5 June 27, 2011 DEPARTMENT: City Clerk’s Office Gina Dutcher, City Clerk TITLE AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS, REMOVING OBSOLETE PROVISIONS, MAKING THE ARTICLE CONSISTENT WITH STATE STATUTE AND ELECTING TO PLACE SOLE AUTHORITY FOR ISSUANCE OF SPECIAL EVENT PERMITS IN THE PUEBLO LIQUOR AND BEER LICENSING BOARD ISSUE Should the City Council amend the Pueblo Municipal Code to be consistent with Statute Statue as it pertains to Liquor and Beer Special Event Permits? RECOMMENDATION Approve the Ordinance. BACKGROUND Colorado Municipal Clerks Association, in cooperation with the Colorado Liquor Enforcement Division, sought approval of this legislation (SB 11-060). The new regulation will help make the process of applying for and receiving a special event permit more efficient by allowing the local liquor licensing authority to elect sole authority to approve or deny applications for special event permits. Doing so would remove the state licensing authority from its current obligation of reviewing and promptly acting on the issuance of state permits for those local jurisdictions that elect to act as sole reviewer. The maximum number of event dates per calendar year can increase from 10 days to 15 days. In addition, as this Article has not been amended since 1971, obsolete provisions were removed and otherwise made consistent with the current provisions of state statute. FINANCIAL IMPACT None