HomeMy WebLinkAbout08825ORDINANCE NO. 8825
AN ORDINANCE AMENDING SECTION 12 OF CHAPTER
3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO
REDUCE THE MINIMUM DISTANCE SEPARATING HOTEL
& RESTAURANT AND TAVERN LIQUOR LICENSED
PREMISES FROM PROPERTY USED FOR SCHOOL
PURPOSES WITHIN THE PUEBLO DOWNTOWN
BUSINESS DISTRICT FROM 300 FEET TO 200 FEET
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 12 of Chapter 3, Title 11, Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 11-3-12. - Distance from schools or colleges.
(a) Pursuant to authority granted to the City Council by the Colorado
Liquor Code, the five-hundred-foot distance limitation contained in Section 12-47-
313(1)(d)(I), C.R.S., is hereby reduced to two hundred (200) feet, provided that
this distance reduction shall apply only to bona fide hotel and restaurant
businesses, which maintain at least five (5) sleeping rooms for the
accommodation of guests and have meals available for consumption at all times
when the facility is open to the public.
(b) Pursuant to authority granted to the City Council by the Colorado
Liquor Code, the five-hundred-foot distance limitation contained in Section 12-47-
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two hundred
313(1)(d)(I), C.R.S., is hereby reduced to three hundred (300)
(200)
feet, provided that this distance reduction shall apply only to bona fide hotel
and tavern liquor licensed
and restaurant businesses located within the
downtown business district bounded by the center line of Interstate Highway 25
on the east, the center line of Elizabeth Street on the south and west and the
center line of Thirteenth Street on the north.
(c) Pursuant to authority granted to the City Council by the Colorado
Liquor Code, the five-hundred-foot distance limitation contained in Section 12-47-
313(1)(d)(I), C.R.S., is hereby eliminated for a Hotel and Restaurant Class Liquor
License to serve the Occhiato University Center located upon the Pueblo
Campus of Colorado State University, 2200 Bonforte Boulevard, Pueblo, CO
81001.
(d) Pursuant to authority granted to the City Council by the Colorado
Liquor Code, the five-hundred-foot distance limitation contained in Section 12-47-
313(1)(d)(I), C.R.S., is herby eliminated for a Tavern Class Liquor License to
serve the College Center Building including curtilage up to one hundred (100)
feet from said building located upon the campus of Pueblo Community College,
900 W. Orman Avenue, Pueblo, CO 81004.
(e) Any license granted under the provisions of this Section shall also
be subject to all other applicable provisions of state and local law.
(f) The grant or denial of any application under this Section shall
remain within the authority and discretion of the Liquor and Beer Licensing
Board.
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: December 22, 2014
BY: Ed Brown
PASSED AND APPROVED: January 12, 2015
City Clerk’s Office Item # R 5
Background Paper for Proposed Ordinance
COUNCIL MEETING DATE:
December 22, 2014
TO: President Stephen G. Nawrocki 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 12 OF CHAPTER 3 OF TITLE XI OF
THE PUEBLO MUNICIPAL CODE TO REDUCE THE MINIMUM DISTANCE
SEPARATING HOTEL & RESTAURANT AND TAVERN LIQUOR LICENSED
PREMISES FROM PROPERTY USED FOR SCHOOL PURPOSES WITHIN
THE PUEBLO DOWNTOWN BUSINESS DISTRICT FROM 300 FEET TO 200
FEET
SUMMARY:
Attached is an Ordinance amending Section 11-3-12 of the Pueblo Municipal Code reducing the
minimum distance restriction for hotel and restaurant and tavern liquor licensed business,
located within the downtown business district, from 300 feet to 200 feet.
PREVIOUS COUNCIL ACTION:
On January 28, 1991 City Council passed and approved Ordinance No. 5661 which adopted
Section 11-3-12 of the Pueblo Municipal Code as a new section. As initially adopted, P.M.C. §
11-3-12 reduced the minimum distance buffer to 200 feet for all hotel and restaurant business
which maintain at least 5 sleeping rooms for the accommodation of guests and which have
meals available at all times the facility is open to the public.
On November 14, 1994 City Council passed and approved Ordinance No. 5920 which reduced
the 500 foot distance restriction to 300 feet for hotel and restaurant businesses located within
the downtown business district. The downtown business district is defined as the area
“bounded by the center line of Interstate Highway 25 on the east, the center line of Elizabeth
Street on the south and west and the center line of Thirteenth Street on the north.” P.M.C. § 11-
3-12(b).
BACKGROUND:
The Colorado Liquor Code prohibits a liquor licensed premise within 500 feet of “any public or
parochial school or the principal campus of any college, university or seminary.” C.R.S. § 12-
47-313(d)(I). Excluded from this prohibition are renewal or reissuance of existing licenses,
licensed premises on land owned by a municipality, licenses in effect prior to construction of the
principal campus, or club licenses located within a principal campus if the membership is limited
to faculty or staff of the institution. C.R.S. § 12-47-313(d)(I). The Colorado Liquor Code permits
the local governing body of a municipality, by ordinance, to eliminate or reduce the distance
restriction imposed or eliminate one or more types of schools or campuses from the application
of any distance restriction. C.R.S. § 12-47-313(d)(III).
In 1994, when Ordinance No. 5920 was approved by Council, the Colorado Liquor Code
permitted the local governing body of a municipality to reduce the distance restriction from
property used for school purposes for hotel and restaurant licenses only. In 1997, the State
Legislature amended Section 313 of the Colorado Liquor Code to allow municipalities to reduce
distance buffers for any class of license. C.R.S. § 12-47-313; Colorado House Bill 97-1076.
Subsection (b) of P.M.C. § 11-3-12 has not been amended since the State Legislature revised
Section 313.
Due to the concentration of businesses in the downtown business district and the trend of non-
traditional schools or institutions to establish campuses in areas that have historically been
limited to retail and other service businesses only, there is a need to reduce the distance
restriction in order to encourage new business opportunities and the growth of existing
businesses. The public peace, order and decency will not be adversely affected by the
requested change.
The Pueblo Liquor and Beer Licensing Board will continue to maintain authority and discretion
to grant or deny any application for a hotel and restaurant or tavern liquor license.
FINANCIAL IMPLICATIONS:
The revision to the language may result in increased instances of liquor licenses being granted
for premises that are located in the downtown business district. As a result, the number of hotel
and restaurant and tavern businesses in that area may increase. Therefore, in addition to
promoting growth and increased profits of private business enterprises, the presence of
additional businesses may result in more licenses being issued, and thus more fees collected by
the City and State for liquor licenses, and increased sales and use tax revenue.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Local business owners and the public are the primary stakeholders affected by the requested
change. The public may benefit from the existence of more businesses thus expanding their
choices of where they may choose to be a patron and the competition among businesses.
Local business owners may see their profits increase or decline due to a new business
opportunity or increased competition.
ALTERNATIVES:
The City may choose to maintain the status quo and any hotel and restaurant license granted
for a location within the downtown business district will need to be located 300 feet from
property used for school purposes, unless that business has at least 5 rooms used for the
accommodation of guests, whereby the distance restriction is reduced to 200 feet. Any tavern
license granted within that area will need to be located 500 feet from property used for school
purposes. This approach is not recommended since it restricts the creation of new businesses
and does not promote the City’s goal of treating like-type businesses similarly.
RECOMMENDATION:
None.
Attachments: NONE.