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HomeMy WebLinkAbout13529 City Clerk’s Office Item # Q-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 26, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: City Clerk’s Office SUBJECT: A RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR AND BEER LICENSE APPLICATIONS AND PERMITS AND REPEALING RESOLUTION NO. 13202 SUMMARY: The proposed Resolution incorporates a provision for lodging and entertainment license registered manager fees, fees for an additional liquor-licensed drugstore license pursuant to C.R.S. § 12-47-408(1)(b), and restates all other fees with respect to liquor or beer license applications and permits as previously adopted by Resolution No. 13202. PREVIOUS COUNCIL ACTION: On January 14, 2008, Council adopted Resolution No. 11198 which established an increased fee schedule for the processing of certain liquor and beer license applications pursuant to Senate Bill 97-149 and C.R.S. § 12-47-505. These changes were intended to memorialize the actual costs incurred by a municipality to process liquor and beer license applications as determined by the Legislative Task Force created by the Colorado Municipal Clerk’s Association and the Colorado Municipal League. On March 23, 2015, City Council adopted resolution No. 13202, which established a fee for art gallery permits, a newly enacted law, and restated all other fees from Resolution No. 11198. BACKGROUND: During the most recent legislative session, the State Legislature enacted Senate Bill 16-197, which amended C.R.S. § 12-47-505 to permit a local licensing authority to set fees for an additional liquor- licensed drugstore license pursuant to C.R.S. § 12-47-408(1)(b). The State Legislature also enacted House Bill 16-1439 and created a new license, the lodging and entertainment license, and permitted the local licensing authority to set a fee for the registration of a manager under that license. The proposed Resolution incorporates fees for an additional liquor-licensed drugstore license, to register a manager for a lodging and entertainment license, and restates all other fees which are currently assessed with respect to liquor and beer license applications and permits. It is necessary to include these fees because local businesses or individuals may desire to apply for these licenses. The establishment of a fee for them will ensure that the City is compensated for the expenses associated with processing the same. FINANCIAL IMPLICATIONS: The City incurs costs with respect to the processing of liquor and beer license applications, including but not limited to, salary, benefits and office supplies. The proposed application fees will cover the actual costs incurred by the City for processing liquor and beer license applications. BOARD/COMMISSION RECOMMENDATION: Staff and the Liquor and Beer Licensing Board recommend adoption of the Resolution. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The City Council could decline to enact the proposed Resolution and the City Clerk’s Office would not be authorized to charge an application fee for an additional liquor-licensed drugstore license pursuant to C.R.S. § 14-47-408(1)(b), or for the registration of a manager under a lodging and entertainment license. This alternative is not recommended. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution RESOLUTION NO. 13529 A RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR AND BEER LICENSE APPLICATIONS AND PERMITS AND REPEALING RESOLUTION NO. 13202 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Local fees chargeable for liquor and fermented malt beverage license applications and permits are adopted as herein set forth. (a) For a new license, the application fee shall be one thousand dollars ($1,000.00). (b) For a transfer of location or ownership, the application fee shall be seven hundred and fifty-dollars ($750.00). (c) For an additional liquor-licensed drugstore license, which involves transfer of ownership, change of location, and license merger and conversion pursuant to §12-47-408(1)(b), C.R.S., the application fee shall be one thousand dollars ($1,000.00). (d) For a timely renewal application, i.e. an application filed on or prior to the expiration date of the existing license, the application fee shall be one hundred dollars ($100.00). (e) For a late renewal application, i.e. an application received after but not more than ninety (90) days from and including the expiration date of the existing license, the application fee shall be five hundred dollars ($500.00). (f) For a temporary permit application under §12-47-303, C.R.S., the application fee shall be one hundred dollars ($100.00). (g) For a manager registration with respect to a hotel and restaurant liquor license under §12-47-411, C.R.S., the registration fee shall be seventy-five dollars ($75.00). (h) For a manager registration with respect to a tavern liquor license under §12- 47-412, C.R.S., the registration fee shall be seventy-five dollars ($75.00). (i) For a manager registration with respect to a lodging and entertainment license under §12-47-426, C.R.S., the registration fee shall be seventy-five dollars ($75.00). (j) For qualification of officers, directors, stockholders, members or managers of corporation or limited liability company applicants, a fee of one hundred dollars ($100.00) for fingerprint analysis and background investigation shall be paid unless the applicant has already undergone a background investigation by and paid a fee to the state licensing authority. (k) For a new license or renewal application for an art gallery permit under §12- 47-422, C.R.S., the application fee shall be one hundred dollars ($100.00). SECTION 2. Resolution No. 13202 is hereby repealed. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: September 26, 2016 BY: Robert Schilling