Loading...
HomeMy WebLinkAbout03656 r. . ' As Amended 1-8-73 ORDINANCE NO. 3656 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI OF THE 1971 CODE OF ORDINANCES OF PUEBLO, COLORADO, RELATING TO ALCOHOLIC BEVERAGES AND CREATING A LIQUOR AND BEER LICENSING BOARD TO ACT AS THE LOCAL LICENSING AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material to be deleted, underscoring indicates material to be added. ) SECTION 1. Article I of Chapter 3 of Title XI of the 1971 Code of Ordinances is hereby amended to read as follows : "ARTICLE I-- [SPIRITUOUS LIQUOR] ALCOHOLIC BEVERAGES 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 bever- ages and 3 . 2% beer which may be granted by the [City Council] Liquor and Beer Licensing Board as the Local Licensing Author- ity for the City of Pueblo as provided in [63 CRS 75-2-9 (2) , and 75..1.-3 (7)] Articles 1 and 2, Chapter 75 , C.R.S . 1963, as amended. 11-3-2 : DEFINITIONS For the purposes of this Chapter all words shall receive the meaning placed upon them in [63 CRS 75-2-4 and 75-1-2] C.R.S . 1963, Chapter 75, as amended. In addition thereto the following words shall have the meaning assigned thereto : (a) Local Licensing Authority or City Licensing Authority shall mean the [City Council of Pueblo] Liquor and Beer Licensing Board. (b) Licensee shall mean any person licensed to sell or dispense malt, vinous or spirituous liquor , or fermented malt beverage, or any agent or employee of such person. (c) Premises shall include all or any part of the physical boundaries of any establishment duly licensed for the sale of beer or liquor under the provisions of this Chapter. (d) Board shall mean the Liquor and Beer Licensing Board. 11-3-3 : LICENSING Malt, vinous and spirituous liquor and fermented malt beverages shall be sold only by the persons and parties licensed as provided by State Law and the Ordinances of the City of Pueblo. 11-3-4 : UNLAWFUL ACTS (a) It shall be unlawful for any licensee : (1) To sell, serve , give away, dispose of, ex- change or deliver, or permit the sale, serving, giving or procuring of any malt, vinous or spirituous liquors to or for any per- son under the age of twenty-one years , or to a habitual drunkard, or to an intoxicated person. (2) To permit any malt, vinous or spirituous liquors to be sold or dispensed by a per- son under twenty-one years of age , or to permit any such person to participate in the sale or dispensing thereof. (3) To sell, serve or distribute any malt, vinous or spirituous liquors on any pri- mary, general or municipal election day during polling ; or on Sunday and Christmas except as permitted under Subsection (4) of this Section. - 2 - (4) To sell, serve or distribute any malt, vinous or spirituous liquors by the drink for consumption on the premises on weekdays , except Mondays , between the hours of two o ' clock a.m. , and seven o ' clock a.m. , or on Mondays be- tween the hours of one minute past twelve o' clock a.m. and seven o ' clock a.m. , or on Sundays or Christmas between the hours of two o ' clock a.m. and eight o' clock a.m. ; or to sell, serve or dis- tribute any such liquors in sealed containers be- tween the hours of one minute past twelve o' clock a.m. , and eight o' clock a.m. , on the days pro- hibited by Subsection (3) ; but nothing herein shall prohibit the selling and serving of malt, vinous or spirituous liquors , during such hours or on such days , in the places , and in the manner permitted by this Article. (5) To sell malt, vinous or spirituous liquors in a place where the same is to be consumed, unless such place be a hotel, restaurant or club. (6) To sell malt, vinous or spirituous liquors unless licensed so to do and unless all re- quired licenses are in full force and effect. (7) To keep in his possession or upon the pre- mises for which license is granted, any malt, vinous or spirituous liquors , the sale of which is not permitted by said license. (8) To offer for sale or solicit any order for vinous or spirituous liquors in person at retail, except within his duly licensed es- tablishment. (9) Who operates a retail liquor store or liquor licensed drugstore to have on his licensed - 3 - premises any container which shows evidence of having once been opened, or which contains a volume of liquor less than specified on the label of such container; provided, however, nothing in this section shall apply to any liquor licensed drugstore where the contents , or a portion there- of, shall have been used in compounding prescrip- tions . (b) It shall be unlawful for any person: (1) Other than one who holds a license under this chapter to sell at retail any malt, vinous or spirituous liquors in sealed containers . (2) To consume any malt, vinous or spirituous liquors in any place or upon any premises licensed to sell such liquor by the drink, the sale of which is not authorized by the license for such establishment. (3) A consumer, to buy any vinous or spirituous liquor from any person not licensed to sell and deliver at retail or serve the same . (4) To consume malt, vinous or spirituous liquor in any public place except on premises per- mitted to sell such liquor by the drink for consumption thereon; to consume malt, vinous or spirituous liquor at any time on such premises other than such as is purchased from such estab- lishment; or to consume malt, vinous or spirituous liquor in any public room on such premises during such hours as the sale of such liquor is prohibited hereunder. 11-3-5 : SUSPENSION; REVOCATION OF LICENSE In addition to any other penalties prescribed by this Article, the City Licensing Authority shall have power, on its own motion or on complaint, after investigation and public - 4 - • hearing, at which the licensee shall be afforded an oppor- tunity to be heard, to suspend or revoke any license issued by such Authority for any violation by the licensee or by any of the agents , servants or employees of such licensee of the provisions of State Law relating to the licensing and operation of the premises under such license, or of any of the rules or regulations authorized thereunder, or of any of the terms, conditions or provisions of the license issued by this Authority. All proceedings relating thereto shall be in compliance with State Law. 11-3-6 : PENALTIES Any person found guilty of a violation of any of the pro- visions of this Article shall be punished by a fine of not less than ten dollars nor more than three hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment; provided, however, that upon conviction for violation of any provision of Subsection (a) of Section 11-3-4 the punishment shall be a fine of not less than one hundred dollars nor more than three hundred dollars or imprison- ment for not more than ninety days or by both such fine and imprisonment. At the discretion of the Court the fine pro- vided for violation of this Article may be ordered to be paid by public work only at a reasonable hourly rate to be estab- lished by the Court, who shall designate the time within which such public work is to be completed. The penalties provided in this section shall not preclude any other penalty provided by this Chapter. 11-3-7 thru 11-3-20 RESERVED" SECTION 2. Article II of Chapter 3 of Title XI of the 1971 Code of Ordinances is hereby amended to read as follows : ARTICLE II--3. 2% BEER 11-3-21: LICENSING Fermented malt beverages shall be sold only by the persons - 5 - As Amended 1-8-73 and parties licensed as provided by State Law. 11-3-22 : REVOCATION OR SUSPENSION The City Licensing Authority shall have power upon its own motion or upon complaint, after investigation and public hearing , at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license issued by it, upon any violation by the licensee or by any agent, servant, or employee of such licensee of any provision of this Article, or of any rule or regulation of the Licensing Authority, or of any term, condition, or provisions of the license issued by the Licensing Authority . All proceedings relating thereto shall be in compliance with State Law. 11-3-23 : UNLAWFUL ACTS It shall be unlawful : (a) To sell fermented malt beverage to any person under the age of eighteen years . (b) To sell fermented malt beverage to any person between the hours of twelve o ' clock midnight and five o ' clock a.m. 11-3-24 thru 11-3-30 : RESERVED ARTICLE II--LIQUOR AND BEER LICENSING BOARD 11-3-4 : LICENSING AUTHORITY The Liquor and Beer Licensing Board shall be the local licensing authority in the City of Pueblo for the licensing of a location to sell beer and alcoholic liquors as authorized by CRS 1963, Chapter 75 , Articles 1 and 2 , as amended, and the rules and regulations of the State Licensing Authority, and shall possess all powers given to local licensing author- ities by the provisions of said Statute and Rules and Regula- tions . 11-3-5 : SAME--MEMBERS (a) The Liquor and Beer Licensing Board shall consist of five members to be appointed by the City Council by - 6 - As Amended 1-8-73 Resolution. One of said members shall be a City Councilman, who shall act as Chairman of the authority, and shall be appointed by the Council at the first regular Council meeting in February, 1973, for a term of two (2) years , and in Febru- ary of every second year thereafter. The other four members of said Liquor and Beer Licensing Board shall be residents of the City of Pueblo and shall be appointed by the Council at its first regular meeting in February, 1973 , for a term of two (2) years , and in February of every second year thereafter. The Council shall make an appointment for any unexpired term in the event a vacancy arises . (b) Any member of the Board may be removed by the City Council for non-attendance to duty or for cause. 11-3-6 : BOARD TO PRESCRIBE TERMS , CONDITIONS OR PROVISIONS The Liquor and Beer Licensing Board may prescribe terms, conditions or provisions as it may deem necessary to carry out its exercise of police powers provided that these terms , conditions or provisions do not conflict with the laws of the State or rules and regulations provided by the State Licensing Authority or Ordinances and Resolutions of the City of Pueblo. 11-3-7 : GRANTING OR DENIAL OF LICENSE (a) Before entering any decision approving or denying an application, the Liquor and Beer Licensing Board shall consider the facts and evidence adduced as a result of its investigation, as well as any other facts , the reasonable requirements of the neighborhood for the type of license for which application has been made, the .number, type, and avail- ability of liquor outlets located in or near the neighborhood under consideration and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed; provided, that the reasonable re- quirements of the neighborhood shall not be considered in the issuance of a club liquor license . - 7 - (b) All hearings of the Liquor and Beer Licensing Board shall be conducted pursuant to and in accordance with the provisions of C.R.S . 1963 , Chapter 75 and Section 1-7-7 of the 1971 Code of Ordinances of the City of Pueblo and if such provisions are in conflict the Statute 's provision shall prevail. Cc) Any decision of the Liquor and Beer Licensing Board approving ox denying an application shall be in writing stating the reasons therefor and made within thirty days after the date of the public hearing, and a copy of such deci- sion shall be sent by certified mail to the applicant at the address as shown in the application. (d) No license shall be issued by the Liquor and Beer Licensing Board after approval of an application until the building in which the business is to be conducted is ready for occupancy, with such furniture, fixtures , and equipment in place as is necessary to comply with the provisions of this Article, and then only after inspection of the premises has been made to determine that the applicant has complied with the architect' s drawing and plans and specifications submitted with the application. (e) After approval of any application, the Liquor and Beer Licensing Board shall notify the state licensing author- ity of such approval. 11,3-8: SUSPENSION AND REVOCATION OF LICENSE (a) The Liquor and Beer Licensing Board shall have the power to suspend or revoke any license issued by the Board on its own motion or on complaint for any violation by the licensee, its agents , servants , or employees of such licensee of the provisions of C.R.S . 1963, Chapter 75, or any of the Rules and Regulations issued thereunder, or any of the terms , conditions or provisions issued by the Board, provided that - 8 an investigation and a public hearing be granted at which the licensee shall be afforded an opportunity to be heard. (b) 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. (c) Notice of suspension or revocation, as well as any required notice of such hearing, shall be given by mail- ing same in writing to the licensee at the address contained in such license. (d) Temporary suspension of any license may be made by the Board without notice pending any prosecution, investiga- tion or public hearing , provided that the summary suspension of such license does not exceed a period of fifteen (15) days . Suspension pending any prosecution, investigation or public hearing shall not be for a longer period than six (6) months . (e) No part of the fees paid by the licensee shall be returned to him whenever any license is suspended or revoked. 11-3-9 : APPEAL OF BOARD DECISIONS Actions taken by the Board are subject to review by the Courts pursuant to Rule 106 of the Colorado Rules of Civil Procedure. Review must be applied for within thirty (30) days after the date of decision. Any person applying to the Court for review shall be required to pay the cost of preparing a transcript of proceedings before the Board whenever such a transcript is demanded by the person taking the appeal or when such a transcript is furnished by the Board pursuant to the Court order. 11-3-10 : QUORUM AND MAJORITY VOTE A majority of the Liquor and Beer Licensing Board shall constitute a quorum for the conduct of its business . All - 9 - As Amended 1-8-73 decisions of the Liquor and Beer Licensing Board shall be by majority vote of the entire Board. 11-3-11 : LICENSE APPLICATIONS All applications for licenses and fees shall be filed with the City Clerk, on forms to be approved by the City Clerk, together with such other information and documents as may be required by the Rules of the Liquor and Beer Licensing Board. The City Clerk shall act as Secretary to the Liquor and Beer Licensing Board. 11-3-12 thru 11-3-20 : RESERVED" SECTION 3. Article III of Chapter 3 of Title XI of the 1971 Code of Ordinances is hereby amended to read as follows : ARTICLE III-- [OTHER] MUNICIPAL OFFENSES 11-3- [31] 21: DISORDERLY CONDUCT--PERMITTING It shall be unlawful for any licensee to permit any disturbance or unlawful or disorderly act or conduct to be committed by any person or group of persons upon his pre- mises . 11-3- [32] 22 : SAME--PARTICIPATION; EXCEPTIONS It shall be unlawful for a licensee, in any manner, to encourage or participate in any disturbance or unlawful or disorderly act or conduct upon his premises , provided, however, such licensee may use such lawful means as may be proper to protect his person or property from damage or injury . 11'-3- [33] 23 : SAME--REPORT TO POLICE [Any] A licensee shall immediately report to the Police Department any unlawful or disorderly act or conduct or any disturbance committed on his premises . 11-3- [34] 24 : SAME--ABSENCE NO DEFENSE It shall not be a defense that the licensee was not personally present on his premises at the time such unlawful or disorderly act, conduct, or disturbance took place. - 10 - I , However, an agent, servant or employee of the licensee shall not be liable hereunder when absent from the premises while not on duty . 11-3- [35] 25 : SECURING CREDIT BY PLEDGE It shall be unlawful for any licensee in the City en- gaged in the sale and dispensation of malt, vinous or spirit- uous liquors , or fermented malt beverages , to, in any manner, accept any personal property as a pledge, pawn, or loan for any sum of money advanced by such licensee or for any credit extended by such licensee . 11-3-36 : SUNDAY CLOSING OF TAVERNS It shall be unlawful for the keeper or person in charge of any tavern or other place where malt, spirituous , vinous or intoxicating liquors of any kind are kept for sale, to permit the door or entrance from the street to such tavern or place of business to remain open during the first day of the week commonly termed Sunday, or any part thereof. 11-3-37 : POSSESSION BY PERSONS UNDER 21 (a) It shall be unlawful for any person under twenty- one years of age to have in his possession malt, vinous or spirituous liquor in any store, in any public place, includ- ing public streets , alleys , roads or highways , or upon pro- perty owned bar the City of Pueblo, or inside vehicles while upon any public place, including but not limited to the pub- lic streets , alleys, roads , highways , or parking places . (b) No parent or guardian shall knowingly or under conditions which an average parent or guardian should have knowledge of, suffer or permit any person under twenty-one years of age, of whom he or she may be a parent or guardian, to violate the provisions of Subsection (a) of this Section. 11-3- 138] 26 : PENALTY Any licensee violating any of the provisions of §§ 111,-3-31 to 11,3,-36] 11-3-21 to 11-3-25 , inclusive, of this 11 - Article shall, upon conviction thereof, be fined in a sum not less than one hundred dollars nor more than three hundred dollars , or shall be imprisoned in the City Jail for a per- iod of not less than ten days nor more than ninety days , or shall be both so fined and imprisoned. [11-3-39] 11-3-27 thru 11-3-40 : RESERVED" SECTION 4 . Sections 41, 44, 47 and 48 , Article IV, Chapter 3 of Title XI of the 1971 Code of Ordinances are amended to read as follows : " ARTICLE IV--SPECIAL EVENT PERMITS 11-3-41 : [CITY COUNCIL] LIQUOR AND BEER LICENSING BOARD-- LOCAL AUTHORITY The [City Council of Pueblo] Liquor and Beer Licensing Board as local authority may issue a special event permit for the sale, by the drink only, of malt beverages , or the sale of malt, spirituous , or vinous liquors to organizations qualifying under this Article, subject to the provisions of this Chapter and to the limitations imposed by this Article. * * * * * * 11-3-44 : FEES The fees for both investigation and issuance of a special event permit are : (a) Ten dollars per day for a malt beverage permit; (b) Twenty-five dollars per day for a malt, vinous , and spirituous liquor permit. All such fees are payable at the time application for a special event permit is made. The [City Council] Liquor and Beer Licensing Board as local licensing authority may require any applicant to post a performance bond to assure compliance with the provisions of this Article. * * * * * * 11-3-47 : ISSUANCE OF PERMIT--LIMITATION A special event permit may not be issued to any organization - 12 - for more than two consecutive days , or for a maximum total time in one calendar year of eight days . No issuance of a special event permit shall have the effect of requiring the [City Council] Liquor and Beer Licensing Board as local licensing authority to issue such a permit upon any subse- quent application by an organization. 11-3-48 : DENIAL OF PERMIT The [City Council] Liquor and Beer Licensing Board as local licensing authority may deny the issuance of a special event permit upon the grounds that such issuance would be injurious to the public welfare by reason of the nature of the special event or its location within the community. * * * * * * SECTION 5. This Ordinance shall become effective on March 1, 1973 , and shall apply to all applications for licenses and suspension proceedings under Chapter 3, Title XI of the 1971 Code of Ordi- nances filed or instituted on or after March 1, 1973. All appli- cations filed for such licenses or suspension proceedings insti- tuted prior to March 1, 1973, shall be governed by and subject to the provisions of Chapter 3 , Title XI of the 1971 Code of Ordinances in effect prior to the effective date of this Ordinance. INTRODUCED December 11 , 1972 BY HENRY REYES Councilman /"- APPROVED. President of the Council ATTEST: CYty /lek (f - 13 -