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HomeMy WebLinkAbout08780ORDINANCE NO. 8780 AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF LIQUOR LICENSES AND ADOPTING THE OPTIONAL FINE PROVISIONS OF THE COLORADO LIQUOR CODE, AS AMENDED; AND AUTHORIZING THE LOCAL LICENSING AUTHORITY TO IMPLEMENT THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 11-3-8 of Chapter 3, Title 11, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-3-8. Suspension and revocation of license. (a) The Liquor and Beer Licensing Board shall have the power to suspend or revoke any license issued by the Board on its own motion or on complaint for any violation by the licensee or by any of the agents, servants or employees of such licensee of the provisions of the Colorado Liquor Code, the Colorado Beer Code or any of the rules and regulations authorized pursuant to such codes, or any of the terms, conditions or provisions of the license issued by the Board, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard. (b) The Board shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing which it is authorized to conduct. (c) Notice of suspension or revocation, as well as any required notice of such hearing, shall be given by mailing same in writing to the licensee at the address contained in such license. No such suspension shall be for a longer period than six (6) months. (d) Any license may be summarily suspended by the Board without notice pending any prosecution, investigation or public hearing. Nothing in this Section shall prevent the summary suspension of such license for a temporary period of not more than fifteen (15) days. (e) If any license is suspended or revoked, no part of the fees paid therefor shall be returned to the licensee. (f) The Board shall have the power to implement the optional procedures set forth in Subsections (3) to (6) of Section 12-47-601 of the as amended, Colorado Liquor Code, which the City Council hereby accepts and adopts. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: September 22, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: October 14, 2014 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 22, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: City Clerk’s Office FROM: Gina Dutcher, City Clerk SUBJECT: AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF LIQUOR LICENSES AND ADOPTING THE OPTIONAL FINE PROVISIONS OF THE COLORADO LIQUOR CODE, AS AMENDED; AND AUTHORIZING THE LOCAL LICENSING AUTHORITY TO IMPLEMENT THE SAME SUMMARY: Attached is an Ordinance amending Section 11-3-8 of the Pueblo Municipal Code regarding the suspension and revocation of liquor licenses and amending subsection (f) of P.M.C. § 11-3-8 to be consistent with recent changes made to the Colorado Liquor Code by the State Legislature thnd during the 69 General Assembly, 2 Regular Session. PREVIOUS COUNCIL ACTION: On March 22, 1999 City Council passed and approved Ordinance No. 6415 which accepted and adopted the optional procedures set out in the Colorado Liquor Code (C.R.S. § 12-47-601) relating to the imposition and payment of fines in lieu of license suspension. BACKGROUND: This Ordinance updates Ordinance No. 6415 to reflect changes made to the language of C.R.S. § 12-47-601 during the Legislature’s most recent session and ensures that the Pueblo Municipal Code provisions are consistent with applicable state statutes. Senate Bill 14-054, which became law on April 11, 2014, revised the language of C.R.S. § 12- 47-601. C.R.S. § 12-47-601 contains the provisions authorizing and regulating the imposition of a fine in lieu of license suspension. Previously, the language of C.R.S. § 12-47-601 limited a liquor licensee’s eligibility for a fine in lieu of suspension to those circumstances when the licensee faced fourteen (14) days or less of suspension and had not had his or her license suspended or revoked, nor had any suspension stayed by payment of fine, within the two (2) years immediately preceding the date of the current motion or complaint which resulted in suspension. The current version of C.R.S. § 12-47-601, as amended by Senate Bill 14-054, deletes those restrictions to allow payment of a fine in lieu of suspension if a licensee has had a suspension or paid a fine in lieu of within the previous two (2) years or has had a suspension imposed by a licensing authority that exceeds fourteen (14) days in length. The Pueblo Liquor and Beer Licensing Board will continue to maintain absolute discretion in its imposition of sanctions to liquor licensees as a result of violations, which may include fines, suspension, and/or revocation. FINANCIAL IMPLICATIONS: The revision to the language may result in increased instances of liquor licensees being granted fines in lieu of active license suspension since some of the restrictions on the same will be removed. Consequently, more monies may be received by the City if licensees chose to petition the Board for payment of a fine in lieu of any suspension imposed for a violation. However, the overall financial effect is anticipated to be minimal, if any change at all results from the revision to the code language. BOARD/COMMISSION RECOMMENDATION: The Pueblo Liquor and Beer Licensing Board and the City of Pueblo Law Department recommend approval of this ordinance. STAKEHOLDER PROCESS: Local business owners who hold liquor licenses are the primary stakeholders affected by the requested change. The public, in general, also is affected by the change since a licensee may be allowed to pay a fine in lieu of suspension and therefore continue in his or her business operation uninterrupted after having a suspension imposed for a violation of the Liquor Code, which violation may or may not have had a negative impact on the community. ALTERNATIVES: The City may choose to maintain the status quo and the Board will operate according to the current version of the ordinance that imposes the fourteen (14) day and two (2) year requirements. This approach is not recommended since the inconsistency between the City’s ordinance and the state statute is likely to lead to confusion. The City may also choose to revoke its adoption of the optional fine provisions of the Colorado Liquor Code. If this approach is chosen, a fine in lieu of suspension would not be available to liquor licensees in any circumstance. RECOMMENDATION: The Pueblo Liquor and Beer Licensing Board recommends approval of this Ordinance. Attachments: Proposed Ordinance.