HomeMy WebLinkAbout09835ORDINANCE NO. 9835
AN ORDINANCE EXTENDING THE STREAMLINED PROCESS
FOR BARS AND RESTAURANTS TO APPLY FOR AND
RECEIVE TEMPORARY OUTDOOR SERVICE AREAS
ADOPTED BY ORDINANCE NO. 9711; AND EXTENDING
REVOCABLE PERMITS AND MODIFICATIONS OF LIQUOR
LICENSED PREMISES ALREADY ISSUED UNDER THAT
PROCESS
WHEREAS, the City Council and the Mayor approved Ordinance No. 9711 on May 26,
2020, which Ordinance implemented a streamlined process for applying for the necessary
permission to establish an outdoor service area in response to COVID-19; and
WHEREAS, the revocable permits issued under that Ordinance are set to automatically
expire on December 31, 2020; and
WHEREAS, the temporary modification issued under Ordinance No. 9711 are set to
expire at the same time the State temporary modifications issued under Emergency Regulation
1 CCR 203-2: 47-302(F) expire; and
WHEREAS, the State has extended the temporary modifications issued under
Emergency Regulation 1 CCR 203-2: 47-302(F); and
WHEREAS, COVID-19 continues to threaten the community and to negatively impact
bars and Restaurants; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
All terms used in this Ordinance shall have the same meaning as defined in Emergency
Ordinance No. 9711.
SECTION 2.
The City hereby extends all temporary revocable permits for outdoor service areas
issued under Emergency Ordinance No. 9711. All such permits shall now automatically expire
on September 30, 2021 at midnight, unless further extended by the City; provided, however, any
such permit shall be subject to revocation or termination by Resolution of the City Council, in its
sole discretion, for any reason or no reason, at any time, without liability to City, and without
notice to or hearing by Permittee.
SECTION 3.
The City hereby extends all temporary modifications of liquor licensed premises issued
under Emergency Ordinance No. 9711 and 1 CCR 203-2: 47-302(F). Such temporary
modifications of premises shall now expire on September 30, 2021 at midnight, unless further
extended by the City and the State; provided, however, any such temporary modification may
be revoked by action of the Pueblo Liquor and Beer Licensing Board after an appropriate
hearing.
SECTION 4.
The streamlined processes for applying for temporary outdoor service areas adopted by
Emergency Ordinance No. 9711, will remain in effect until September 30, 2021. All Restaurants
and Bars wishing to apply for a temporary outdoor service area shall follow those processes.
SECTION 5.
All revocable permits and temporary modifications of liquor licensed premises issued
under this Ordinance and Emergency Ordinance No. 9711 may be revoked at any time for any
reason. Nothing in this Ordinance or Emergency Ordinance No. 9711 is intended to prohibit the
City from revoking the permissions granted thereto, or from discontinuing the streamlined
process adopted by this Ordinance and Emergency Ordinance No. 9711 prior to September 30,
2021.
SECTION 6.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance to effectuate the policies and procedures described herein. The
Mayor is expressly authorized to approve and execute any amendment to a revocable permit
previously issued by City Council pursuant to Emergency Ordinance No. 9711 to make
consistent with this Ordinance and the extension authorized herein.
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Signature page to follow
SECTION 7.
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 November 23, 2020 .
Final adoption of Ordinance by City Council on December 14, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 16, 2020 .
☐ 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
City Clerk
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 23, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Kyle Aber, Assistant City Attorney
SUBJECT: AN ORDINANCE EXTENDING THE STREAMLINED PROCESS FOR BARS
AND RESTAURANTS TO APPLY FOR AND RECEIVE TEMPORARY
OUTDOOR SERVICE AREAS ADOPTED BY ORDINANCE NO. 9711; AND
EXTENDING REVOCABLE PERMITS AND MODIFICATIONS OF LIQUOR
LICENSED PREMISES ALREADY ISSUED UNDER THAT PROCESS
SUMMARY:
In response to the COVID-19 pandemic the City adopted a streamlined process for bars and
restaurants to apply for and receive the appropriate permissions to establish outdoor service
areas. This process and the permissions granted thereto are set to automatically expire on
December 31, 2020.
As the COVID-19 pandemic continues to negatively impact bars and restaurants and is
expected to continue to do so well into 2021, this Ordinance extends the streamlined process
for establishing outdoor service areas and the temporary permissions that have already been
granted under that process.
PREVIOUS COUNCIL ACTION:
Section 16-9 of the City Charter grants the City Council the power to issue revocable permits.
The City Council has adopted Section 9-10-84 governing service areas on public property.
On May 26, 2020 the City Council approved Ordinance No. 9711, which adopted the
streamlined process for granting the necessary permissions to establish an outdoor service area
and set the automatic expiration date for those permissions.
BACKGROUND:
The streamlined process adopted by Ordinance No. 9711 allows bars and restaurants to apply
for and be provisionally granted a revocable permit allowing them to establish an outdoor
service area on City property. The process outlined in the Pueblo Municipal Code continues
after the provisional grant and City Council has final say on whether to allow that grant of a
revocable permit to stand or be revoked. Revocable permits for outdoor service areas issued
through this process are set to expire on December 31, 2020 by Ordinance No. 9711.
Liquor licensed businesses cannot modify the area that they are allowed to serve alcoholic
beverages without permission from State and Local Liquor Licensing authorities. The City
adopted Ordinance No. 9711 which, in the interest of expediency, allowed the City Clerk to
approve applications for a temporary modification of premises to establish an outdoor service
area without a hearing in front of the Liquor and Beer Licensing Board. The Clerk was further
authorized to forward the approved application to the State Liquor Licensing Authority for their
approval under their streamlined process. The temporary modifications to premises issued
under this process are set to expire at the same time the State issued temporary modifications
of premises expire. The State has extended such modifications through September 30, 2021.
This Ordinance makes it explicit that the temporary modifications of premises issued by the City
Clerk will remain in effect until September 30, 2021.
The streamlined process adopted in Ordinance No. 9711 itself is also set to expire on
December 31, 2020. As bars and restaurants are still suffering from the COVID-19 pandemic
and related regulations and restrictions; this Ordinance will extend that streamlined process until
September 30, 2021. All businesses wishing to establish a temporary outdoor service area will
be allowed to follow this process through that date.
This City retains the power to revoke any permissions granted under the streamlined process or
to extend the permissions and streamlined process as is deemed necessary due to
developments related to the COVID-19 pandemic.
FINANCIAL IMPLICATIONS:
It is not anticipated that this will have any financial impact on the City of Pueblo.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not passed bars and restaurants which have been granted the necessary
permissions to establish an outdoor service area will have those permissions revoked on
December 31, 2020. After December 31, 2020 bars and restaurants will have to complete the
regular processes for establishing outside service areas which are more cumbersome and will
likely negatively impact those establishments ability to conduct business.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Ordinance