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
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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