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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- \[\] 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.