HomeMy WebLinkAbout10144ORDINANCE NO. 10144
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE
XI TO CONFORM WITH STATE STATUTES AND
REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
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.
The Liquor and Beer Licensing Board shall have the power to fine, suspend, or
revoke any license issued by the Board on its own motion or on complaint for any violation
by the licensee or by any of the agents, servants or employees of such licensee of the
provisions of the Pueblo Municipal Code, the Colorado Liquor Code, the Colorado Beer
Code, or any of the rules and regulations authorized pursuant to such codes, or any of
the terms, conditions or provisions of the license issued by the Board, after investigation
and public hearing at which the licensee shall be afforded an opportunity to be heard. The
calculation of fines, and fines in lieu of suspension, shall be in accordance with the
Colorado Liquor Code, Colorado Beer Code, or any of the rules and regulations
authorized pursuant to such codes, and any minimums and maximum payments
set forth therein.
(a) The Board shall have the power to administer oaths and issue subpoenas
to require the presence of persons and the production of papers, books and records
necessary to the determination of any hearing which it is authorized to conduct.
(b) Notice of fine, suspension, or revocation, as well as any required notice of
\[such\] a hearing for the same, shall be given by mailing \[same\] the notice in writing to
the licensee at the address contained in such license. No such suspension shall be for a
longer period than six (6) months.
(c) Any license may be summarily suspended by the Board without notice
pending any prosecution, investigation or public hearing. Nothing in this Section shall
prevent the summary suspension of such license for a temporary period of not more than
fifteen (15) days.
(d) If any license is fined, suspended, or revoked, no part of the fees paid
therefor shall be returned to the licensee.
(e) The Board shall have the power to implement the optional procedures set
forth in \[Subsections (3) to (6) of\] Section 44-3-601 of the Colorado Liquor Code, as
amended, which the City Council hereby accepts and adopts.
SECTION 2.
Section 11-3-26 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-3-26. - Penalty.
Any licensee violating any of the provisions of Sections 11-3-21 to 11-3-25,
inclusive\[,\] of this Article, shall, upon conviction thereof by the Pueblo Municipal Court,
be fined in a sum not less than \[two hundred dollars ($200.00)\] five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00). Any licensee violating any
of the provisions of the Pueblo Municipal Code, the Colorado Liquor Code,
Colorado Beer Code, or any of the rules and regulations authorized pursuant to
such codes, inclusive of this Article, may, upon a finding thereof by the Liquor and
Beer Licensing Board, be penalized in accordance with 1 C.C.R. 203-2: 47-603, as
may be amended.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and to implement the policies and procedures described
therein.
SECTION 4.
This Ordinance shall become effective thirty (30) days after final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 14, 2022 .
Final adoption of Ordinance by City Council on March 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 30, 2022 .
□ 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
President of City Council
Action by the Mayor:
□ Approved on .
□ 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-12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 14, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Michael Miller, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI TO CONFORM WITH
STATE STATUTES AND REGULATIONS
SUMMARY:
Attached for consideration is a text amendment to Sections 11-3-8 and 11-3-26 of the Pueblo
Municipal Code. This amendment relates to the penalties for violating the Liquor Code at the local
level pursuant to C.R.S. § 44-3-603.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
Pueblo Municipal Code Sections 11-3-8 and 11-3-26 pertain to discipline of municipal liquor
licenses. This Ordinance updates the language of these provisions in accordance with state law,
allowing the City’s Liquor Board to fine licensees upon the finding of a violation and increasing
the minimum fine that may be issued. These amendments bring the Pueblo Municipal Code in
line with C.R.S. § 44-3-603 and 1 C.C.R. 203-2-47-603.
FINANCIAL IMPLICATIONS:
The increase in the minimum fine in accordance with State law would result in minimal additional
funds for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the code provision as is would limit the authority of the local
Liquor Board and allow liquor licensees to pay lower fines than at the State level.
RECOMMENDATION:
Staff recommends approval of this Ordinance.
Attachments:
Proposed Ordinance