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HomeMy WebLinkAbout09484 City Clerk’s Office Item # R-11 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 28, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, Acting City Clerk FROM: Kyle Aber, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 7-6-3 OF TITLE VII, SECTION 9-2-4 AND SECTION 9-12-1 OF TITLE IX AND CHAPTER 3 OF TITLE XI OF THE MUNICIPAL CODE TO REFLECT CHANGES TO THE COLORADO REVISED STATUTES SUMMARY: Attached for consideration is a text amendment that will amend the Municipal Code to reflect changes made to the State’s Liquor code. PREVIOUS COUNCIL ACTION: None. BACKGROUND: As of October 2018, all Liquor Licensing statutes were relocated from Articles 46 and 47 of Title 12 of the Colorado Revised Statutes to Articles 3, 4, and 5 of Title 44 of the Colorado Revised Statutes. This requires an update to the Pueblo Municipal Code, amending references to the applicable State statutes. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance the Pueblo Municipal Code will not be amended, and the local requirements for Liquor Licenses will not reflect the correct statutes in State law and create issues for applicants and City personnel. RECOMMENDATION: Not applicable. Attachments: Proposed Ordinance ORDINANCE NO. 9484 AN ORDINANCE AMENDING SECTION 7-6-3 OF TITLE VII, SECTION 9-2-4 AND SECTION 9-12-1 OF TITLE IX AND CHAPTER 3 OF TITLE XI OF THE MUNICIPAL CODE TO REFLECT CHANGES TO THE COLORADO REVISED STATUTES WHEREAS, the sections of the Colorado Revised Statutes that deal with liquor and beer licensing have been moved; and WHEREAS, the Pueblo Municipal Code references some of the statutes that have now been moved; 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 7-6-3 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 7-6-3. - Definitions. The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section: . . . (14) Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term restaurant shall not include a cocktail lounge, nightclub, cabaret or tavern if said cocktail lounge, nightclub, cabaret or tavern is a freestanding bar as defined in Section 7-6-3(7). A facility other than a freestanding bar shall conclusively be considered to be a restaurant for the purposes of this Chapter, regardless of the category of liquor license under which the facility operates, if such facility: a. Serves malt, vinous and/or spirituous liquors; and \[\] b. Includes a restaurant, as defined by Section 12-47-103(30), C.R.S. Section 44-3-103(47). . . . SECTION 2. Section 9-2-4 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-2-4. - Application; hearing; fees; rules. (a) Applications for original issuance or transfer of ownership or location of cabaret licenses shall be filed in triplicate with the City Clerk on forms which shall contain such information as the Board may require. The Board shall schedule a public hearing on each application not less than thirty (30) days from the date of filing and shall give public notice of such hearing both by publication pursuant to Section 1-7-6 of this Code and by \[ posting notice on the premises pursuant to the procedure set out in Section 12-47-136, \] Section 44-3-311, C.R.S. C.R.S. At least ten (10) days prior to the date of hearing, on any application for original issuance or transfer of location of a cabaret license, the applicant shall serve copies of the notice of hearing on all owners, lessees and adult occupants of all private property within five hundred (500) feet of the proposed cabaret premises. Such notice shall be given in a form approved by the Board and in the manner provided by Section 1-1-11 of this Code, except that notice shall be issued and served and proof of service shall be filed by the applicant or his or her agent rather than by the City. The distance referred to above is to be computed by measurement along the shortest straight line between any neighboring property line and any exterior wall of the proposed licensed premises. . . . SECTION 3. Section 9-12-1 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 9-12-1. - Definitions. As used in this Chapter, the following words shall have the meanings as provided herein: . . . (2) Security guard shall mean any natural person employed by a licensed merchant patrol or security guard service for the purpose of watching, guarding or otherwise protecting the persons or property on any premises not his or her own. The term shall include but is not limited to uniformed guards and bouncers performing services as an employee of a licensed merchant patrol or security guard service in premises \[\] Articles 3, 4 and 5 of Title 44, licensed under Articles 46 and 47 of Title 12, C.R.S. C.R.S. , but shall not include individuals employed by any common carrier engaged in interstate commerce, industrial or commercial guards employed directly by the owner of an industrial or commercial premises, or peace officers acting within the scope of their employment. A security guard may be licensed as either an armed security guard or an unarmed security guard. . . . SECTION 4. Section 11-3-1 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-1. - Exercise of police powers. This Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare, and health and peace and morals of the people of this City, and shall further be deemed to be those other reasonable restrictions, terms and conditions which are placed upon licenses for the sale or dispensing of alcoholic beverages and 3.2% beer which may be granted by the Liquor and Beer \[ Licensing Board as the Local Licensing Authority for the City as provided in Articles 46 \] Articles 3, 4 and 5 of Title 44, C.R.S. and 47 of Title 12, C.R.S. SECTION 5. Section 11-3-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-2. - Definitions. (a) For the purposes of this Chapter, all words shall receive the meaning placed \[\] Articles 3, 4 and 5 of Title 44, upon them in Articles 46 and 47 of Title 12, C.R.S. C.R.S. , as amended. . . . SECTION 6. Section 11-3-4 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-4. - Licensing authority. The Liquor and Beer Licensing Board shall be the local licensing authority in the City for the licensing of a location to sell beer and alcoholic liquors as authorized by \[\] Articles 3, 4 and 5 of Title 44, C.R.S. Articles 46 and 47 of Title 12, C.R.S., as amended, and the rules and regulations of the State Licensing Authority, and shall possess all powers given to local licensing authorities by the provisions of said statute and rules and regulations. SECTION 7. Section 11-3-7 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-7. - Granting or denial of license. . . . (b) All hearings of the Liquor and Beer Licensing Board shall be conducted \[ pursuant to and in accordance with the provisions of Articles 46 and 47 of Title 12, \] Articles 3, 4 and 5 of Title 44, C.R.S. C.R.S.,and Section 1-7-7 of this Code, and if such provisions are in conflict, the statute's provision shall prevail. . . . SECTION 8. Section 11-3-8 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-8. - Suspension and revocation of license. . . . (f) The Board shall have the power to implement the optional procedures set \[\] Section 44-3-601 forth in Subsections (3) to (6) of Section 12-47-601 of the Colorado Liquor Code, as amended, which the City Council hereby accepts and adopts. . . . SECTION 9. Section 11-3-12 of the Pueblo Municipal Code 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 \[ Code, the five-hundred-foot distance limitation contained in Section 12-47-313(1)(d)(I), \] Section 44-3-313(1)(d)(I), C.R.S. 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 \[ Code, the five-hundred-foot distance limitation contained in Section 12-47-313(1)(d)(l), \] Section 44-3-313(1)(d)(I), C.R.S. C.R.S. , is hereby eliminated, provided that the elimination of this distance restriction shall apply only to bona fide 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, which shall be defined as the area beginning at the intersection of W 13th and N Elizabeth St., east along centerline of W 13th 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 intersection of W 13th St. and N Elizabeth St. (Map attached as Exhibit A.) (c) Pursuant to authority granted to the City Council by the Colorado Liquor \[ Code, the five-hundred-foot distance limitation contained in Section 12-47-313(1)(d)(I), \] Section 44-3-313(1)(d)(I), C.R.S. C.R.S., is hereby eliminated for: (1) a Hotel and Restaurant Class Liquor License to serve the Occhiato University Center located upon the Campus of Colorado State University-Pueblo, 2200 Bonforte Boulevard, Pueblo, CO 81001; (2) a Hotel and Restaurant Class Liquor License to serve the Neta and Eddie DeRose Thunderbowl located upon the Campus of Colorado State University-Pueblo, 2301 Rawlings Blvd, Pueblo, CO 81001; and (3) Hotel and Restaurant licensed businesses located 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. (d) Pursuant to authority granted to the City Council by the Colorado Liquor \[ Code, the five-hundred-foot distance limitation contained in Section 12-47-313(1)(d)(I), \]\[\] Section 44-3-313(1)(d)(I), C.R.S.hereby 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. . . . SECTION 10. Section 11-3-41 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-41. - Liquor and Beer Licensing Board; local authority. The Liquor and Beer Licensing Board as local authority may issue a special event \[ permit for the sale, by the drink only, of fermented malt beverages, as defined in Section \] Section 44-4-103, C.R.S. 12-46-103, C.R.S. , as amended, or the sale, by the drink only, \[\] Section of malt, spirituous or vinous liquors, as defined in Section 12-47-103, C.R.S. 44-3-103, C.R.S. , as amended, to organizations and political candidates qualifying under \[\] Article 5 of Title 44, C.R.S. Article 48 of Title 12, C.R.S., as amended, subject to the \[\] Articles 3 and 4 of Title 44, C.R.S. provisions of Articles 46 and 47 of Title 12, C.R.S., \[\] Article 5 of as amended, and to the limitations imposed by Article 48 of Title 12, C.R.S. Title 44, C.R.S. , as amended. SECTION 11. Section 11-3-42 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-42. - Organizations who qualify. A special event permit issued under this Article may be issued only to an \[ organization, whether or not presently licensed under Articles 46 and 47 of Title 12, \] Articles 3 and 4 of Title 44, C.R.S. C.R.S. , as amended, which has been incorporated under the laws of this State for purposes of a social, fraternal, patriotic, political or athletic nature, and not for pecuniary gain, or which is a regularly chartered branch, lodge or chapter of a national organization or society organized for such purposes and being nonprofit in nature, or which is a regularly established religious or philanthropic institution, and to any political candidate who has filed the necessary reports and statements with the Secretary of State pursuant to Article 45 of Title 1, C.R.S., as amended. . . . SECTION 12. Section 11-3-61 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-61. - Authority. A retail liquor store or liquor-licensed drugstore licensee may conduct alcohol beverage tastings within the City only following approval of an application for an alcohol beverage tastings permit by the Liquor and Beer Licensing Board and subject to the \[\] Section 44-3- limitations set forth in this Article and Section 12-47-301(10), C.R.S. 301(10), C.R.S. SECTION 13. Section 11-3-62 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-62. - Application. . . . (d) At a minimum, the application must include the following information: . . . (4) Any other information requested by the Liquor and Beer Licensing Board reasonably necessary to ensure compliance with the requirements of this \[\] Section 44-3-301(10), C.R.S. Article and Section 12-47-301(10), C.R.S. SECTION 14. Section 11-3-63 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-63. - Decision on application. (a) The Liquor and Beer Licensing Board may deny an application for issuance of an alcohol beverage tastings permit upon the following grounds: (1) The applicant has failed to establish that the applicant is able to \[ conduct alcohol beverage tastings in compliance with this Article or Section 12- \] Section44-3-301(10), C.R.S. 47-301(10), C.R.S. ; . . . SECTION 15. Section 11-3-64 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-64. - Operation. Alcohol beverage tastings shall be conducted in compliance with and subject to the \[\] conditions and requirements set forth in this Article and Section 12-47-301(10), C.R.S. Section 44-3-301(10), C.R.S. SECTION 16. Section 17-11-3 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-11-3. - Adult entertainment uses, definitions. Adult entertainment is entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, customarily not open to the public at large generally, but only to one (1) or more classes of the public excluding any minor by reason of age as a prevailing practice. Adult entertainment uses includes without limitation the following: . . . (2) Adult cabaret is any establishment open to the public in which persons appear in a state of nudity for the purposes of entertaining the patrons of such \[ establishment. Adult cabaret shall not include any establishment licensed under Articles \] Articles 3, 4, and 5 of Title 12, C.R.S. 46, 47 and 48 of Title 12, C.R.S., Adult cabaret shall not apply to the presentation, showing or performance of any play, drama or ballet in any theater, concert hall, museum of fine arts, school, institution of higher education or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise. . . . SECTION 17. 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 18. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 28, 2019 . Final adoption of Ordinance by City Council on June 10, 2019 . President of City Council Action by the Mayor: ☒ Approved on June 13, 2019 . ☐ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk