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HomeMy WebLinkAbout09102ORDINANCE NO. 9102 AN ORDINANCE AMENDING SUBSECTION C OF SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN § 12-47-313(1)(d)(I), C.R.S., WITH RESPECT TO HOTEL AND RESTAURANT LIQUOR LICENSES ON PREMISES LOCATED IN THE THUNDER VILLAGE BUSINESS DISTRICT NEAR THE CAMPUS OF COLORADO STATE UNIVERSITY - PUEBLO WHEREAS, the Colorado Liquor Code generally prohibits the issuance of any type of liquor license if the building in which liquor is to be sold is located within 500 feet of the principal campus of any college or university; and WHEREAS, the Colorado Liquor Code allows the governing body of a municipality to eliminate or reduce such distance restrictions for hotel and restaurant licenses; and WHEREAS, the owners of the parcels affected by this ordinance have requested the modification of the elimination of the distance restriction in the manner set forth herein, and such request is not unreasonable nor contrary to the public good, NOW THEREFORE, 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. . . . . (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: (1) a Hotel and Restaurant Class Liquor License to serve \[\] the Occhiato University Center located upon the Pueblo Campus of Colorado State \[\] - Pueblo University , 2200 Bonforte Boulevard, Pueblo, CO 81001;and (2) a Hotel and Restaurant Class Liquor License to serve the Neta and Eddie DeRose Thunderbowl \[\] - Pueblo located upon the Pueblo Campus of Colorado State University , 2301 Rawlings \[\] ; and (3) Hotel and Restaurant licensed businesses located Blvd, Pueblo, CO 81001. within the Thunder Village Business District, which shall be defined as the area beginning at the intersection of Troy Avenue and future Roma Way; thence north along the centerline of existing or future Troy Avenue to future Stadio Way; thence west along the centerline of future Stadio Way to the eastern boundary and property line of the parcel occupied by the landmark known as the Thunderbowl; thence south and then west along the eastern and southern boundaries and property lines of the parcel occupied by the landmark known as the Thunderbowl to the eastern boundary and property line of the Campus of Colorado State University - Pueblo; thence south along the eastern boundary and property line of the Campus of Colorado State University - Pueblo to future Roma Way; thence southwest along the centerline of future Roma Way to the point of beginning at the intersection of Troy Avenue and Roma Way. . . . . (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 30 days following final passage and approval. INTRODUCED: February 13, 2017 _ BY: Ed Brown PASSED AND APPROVED: February 27, 2017 City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 13, 2017 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 Lisa Macchietto, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SUBSECTION C OF SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN § 12-47- 313(1)(d)(I), C.R.S., WITH RESPECT TO HOTEL AND RESTAURANT LIQUOR LICENSES ON PREMISES LOCATED IN THE THUNDER VILLAGE BUSINESS DISTRICT NEAR THE CAMPUS OF COLORADO STATE UNIVERSITY - PUEBLO SUMMARY: Attached is an Ordinance amending Section 11-3-12(c) of the Pueblo Municipal Code which eliminates the minimum distance restriction for hotel and restaurant liquor licenses to serve the Thunder Village 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. On November 26, 2007 City Council passed and approved Ordinance No. 7688 which eliminated the 500 foot distance restriction for a hotel and restaurant liquor license to serve the Occhiato University Center located upon the campus. On June 23, 2008 City Council passed and approved Ordinance No. 7831 which eliminated the 500 foot distance restriction for an optional premises license for the Neta and Eddie DeRose Thunderbowl. The optional premises license was connected to, and part of, the hotel and restaurant liquor license for the Occhiato University Center. On September 26, 2016 City Council passed and approved Ordinance No. 9042 which eliminated the 500 foot distance restriction for an independent hotel and restaurant liquor license to serve the Neta and Eddie DeRose Thunderbowl located adjacent to the campus. 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). City Council has previously taken action to eliminate the distance restriction to permit liquor to be served in the Occhiato University Center and the Neta and Eddie DeRose Thunderbowl. The proposed ordinance will permit businesses located within the defined boundaries of the Thunder Village Business District to obtain Hotel and Restaurant liquor licenses so that they may serve liquor and other alcoholic beverages. 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: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: 610 RLLLP, a Colorado limited liability limited partnership, and Land Holdings Management, Inc., a Colorado corporation, the owner of the affected parcels, have been consulted regarding this proposed ordinance and recommend approval of this ordinance. ALTERNATIVES: The City may choose to maintain the current ordinance language. This will prohibit any restaurant business located within the defined boundaries of the Thunder Village Business District from serving liquor or other alcoholic beverages. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance