The URL can be used to link to this page

Home My WebLink About09017 ORDINANCE NO. 9017 AN ORDINANCE AMENDING SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO REDEFINE THE BOUNDARIES OF THE PUEBLO DOWNTOWN BUSINESS DISTRICT AND ELIMINATING THE MINIMUM DISTANCE REQUIREMENT FOR CERTAIN CLASSES OF LIQUOR LICENSES WITH RESPECT TO PROPERTY USED FOR SCHOOL PURPOSES WITHIN THE PUEBLO DOWNTOWN BUSINESS DISTRICT 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 12-47-313(1)(d)(I), \[\]eliminated the C.R.S., is hereby reduced to two hundred (200) feet, provided that elimination of\[\]restrictionbeer and this distance reduction shall apply only to bona fide wine, ,\[\], brew pub, club, arts, vintner’s restaurant, and hotel and restaurant and tavern distillery pub liquor licensedbusinesses located within the Downtown Business District \[ bounded by the center line of Interstate Highway 25 on the east, the center line of Elizabeth Street on the south and west and the center line of Thirteenth Street on the th \], which shall be defined as the area beginning at the intersection of W 13 north. th and N Elizabeth St, east along centerline of W 13 St to the center of Interstate 25; thence south along the center of existing or future Interstate 25 to the northern edge of the railroad lines at an approximate location of 38° 15’48.369” N, 104° 36’18.691”W. Thence SW along the northern edge of the railroad to a point on the top of the Arkansas River levee at an approximate latitude and longitude of 38° 15’38.319” N, 104° 36’57.711” W; thence NW along the top of the levee to an approximate location of 38° 15’50.625” N, 104° 37’11.123” W; thence NE at 43 degrees for a distance of ~2139 ft. to the centerline of N Elizabeth St. at approximately 38° 16’4.9”N, 104° 36’51.34”W; Continuing north along the centerline th of N Elizabeth St to the point of beginning at the intersection of W 13 St and N Elizabeth St. (Map attached as Exhibit A.) (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 Avenu0e, 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 and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED July 25, 2016 BY: Ed Brown PASSED AND APPROVED: August 8, 2016 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 25, 2016 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 REDEFINE THE BOUNDARIES OF THE PUEBLO DOWNTOWN BUSINESS DISTRICT AND ELIMINATING THE MINIMUM DISTANCE REQUIREMENT FOR CERTAIN CLASSES OF LIQUOR LICENSES WITH RESPECT TO PROPERTY USED FOR SCHOOL PURPOSES WITHIN THE PUEBLO DOWNTOWN BUSINESS DISTRICT SUMMARY: Attached is an Ordinance amending Section 11-3-12 of the Pueblo Municipal Code redefining the Boundaries of the Downtown Business District, and eliminating the minimum distance restriction for beer and wine, hotel and restaurant, tavern, brew pub, club, arts, vintner’s restaurant, and distillery pub liquor licensed businesses located within the Downtown Business District. 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). On January 12, 2015 City Council passed and approved Ordinance No. 8825 which reduced the 300 foot distance restriction to 200 feet for hotel and restaurant businesses located within the downtown business district. The downtown business district was 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). Ordinance No. 8825 also expanded the types of liquor licenses eligible for the reduced distance restriction to include tavern licensed premises. 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(1)(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(1)(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(1)(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. 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 eliminate the distance restriction in order to encourage new business opportunities and the growth of existing businesses within the downtown area. The public peace, order, and decency will not be adversely affected by the requested change. The boundaries for the Downtown Business District have been re-drawn to accommodate an area that includes the HARP. The new boundaries will encompass the following area: th Beginning at the intersection of W 13 and N Elizabeth St, east along centerline of th W 13 St to the center of Interstate 25; thence south along the center of existing or future Interstate 25 to the northern edge of the railroad lines at an approximate location of 38° 15’48.369” N, 104° 36’18.691”W. Thence SW along the northern edge of the railroad to a point on the top of the Arkansas River levee at an approximate latitude and longitude of 38° 15’38.319” N, 104° 36’57.711” W; thence NW along the top of the levee to an approximate location of 38° 15’50.625” N, 104° 37’11.123” W; thence NE at 43 degrees for a distance of ~2139 ft. to the centerline of N Elizabeth St. at approximately 38° 16’4.9”N, 104° 36’51.34”W; Continuing north along the centerline of N Elizabeth St to the point of beginning at the th intersection of W 13 St and N Elizabeth St. See attached map Exhibit A. The Pueblo Liquor and Beer Licensing Board will continue to maintain authority and discretion to grant or deny any application for those classes of liquor licenses that are affected by the change. 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 liquor licensed businesses in the downtown 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 current distance restriction of 200 feet for any hotel and restaurant or tavern license granted for a location within the current boundaries of the Downtown Business District for property used for school purposes. RECOMMENDATION: None. Attachments: Map of the Downtown Business District "$"" � w. Mot ' ,. O M„1.1.L'LS,9E0b01. ” \ " ', N„61.E'8E,S 1.08E ' .-:- - — 40, x iW t `� •,• ; .r',./..).., 6` �Ed �N„69£.9b,S1.08 w = Off' {a ,kF �'y�y ay,,,,,,\ 'Ne”' , f ” . t r a a, �, *4*.f, :1-i'',No., a --'.4-1v-,- . ' "+ N„S 9'OS,S 1.08E M„ 'PE'1.S,9E0b01. ”;' x `N„60,91.08£ 1 fl ..1 • '$''' .,- '.. ' ,1,.$ C ' 0 1'4.'1'41 4 . i Ilk:,4','r CV k �' �: rt �.r. 1 6 _. , W �y f tt , uji H , fiti)3 , Lilt” U r *gii t Ot4 4, 'rc�°� Aril' 14> ;r. e } �k .gym s �-'t.. .” + i F L '• 7SUS !13N4�S41£LM s,., 1 -I. ; ', ,,-1/: ,fi_n , :„.„.,i...,----iittr- 1SU«.asie u, Cf) H £I• M and .," . , ° i