HomeMy WebLinkAbout10325ORDINANCE NO. 10325
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE TO ALLOW THE CITY CLERK TO
ADMINISTRATIVELY APPROVE CERTAIN LIQUOR LICENSE
MATTERS DESIGNATED BY THE LIQUOR BOARD WHEN
ALLOWED BY STATE LAW
WHEREAS, the City of Pueblo Liquor and Beer Licensing Board (the “Board”) was duly
formed by the City of Pueblo, Colorado and exists pursuant to and in accordance with Pueblo
Municipal Code Section 11-3-4 et seq. (“Code”); and
WHEREAS, consistent with said Code provisions, the Board possesses all the powers of
a licensing authority as set forth in the Colorado Liquor Code, Articles 3, 4, and 5 of Title 44,
C.R.S., as amended; and
WHEREAS, pursuant to the Colorado Liquor Code, the Board is not required to conduct
hearings for certain matters, including on applications for renewal, transfer of ownership, a
temporary permit, nor for changes in manager; and
WHEREAS, as such, City Council desires to ensure the Board has the discretion to
delegate the authority to administratively process and approve such matters, without a hearing,
upon certain terms and conditions as the Board may establish; and
WHEREAS, the City finds that the administrative processing and approval of
applications for renewal, transfer of ownership, temporary permits, and changes in manager
when there does not appear to be any cause for the Board to review such an application, is the
most efficient and cost-effective manner of acting on such applications and could reduce the
delays that applicants sometimes encounter with such applications; and
WHEREAS, the City and Board therefore desire to delegate to the City Clerk the
authority to administratively process and approve applications for renewal, transfer of
ownership, temporary permits, and changes in manager on the terms and conditions set forth by
the Board; 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 11-3-4 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 11-3-4. - Licensing authority.
(a) The Liquor and Beer Licensing Board shall be the local licensing authority in the City
for the licensing of businesses and locations that desire to sell beer and alcoholic liquors as
authorized by Articles 3, 4, and 5 of Title 44, 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 statutes and rules and regulations.
(b) The City Clerk is authorized to administratively process and approve certain
matters designated by the Liquor and Beer Licensing Board, upon terms and conditions
established by the Board, in accordance with Articles 3, 4, and 5 of Title 44, C.R.S., as
same may be amended, when there does not appear to be cause for the Board to review
such matters.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty days after 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 October 24, 2022.
Final adoption of Ordinance by City Council on November 14, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on November 17, 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
City Clerk's Office Item # R9
Background Paper for Proposed
Ordinance
October 24, 2022
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Marisa Stoller, City Clerk
SUBJECT: AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE TO ALLOW THE CITY CLERK TO
ADMINISTRATIVELY APPROVE CERTAIN LIQUOR LICENSE
MATTERS DESIGNATED BY THE LIQUOR BOARD WHEN ALLOWED
BY STATE LAW
SUMMARY:
This Ordinance will streamline the approval process for liquor renewals and minor
license changes by allowing them to be administratively approved by the Office of the
City Clerk instead of requiring them to be brought before the Liquor Board via
placement on its agenda. These items are rarely if ever discussed, and administrative
approval will shorten their wait process by an additional 2-3 weeks. Any licenses where
renewal may be questionable or protested will continue to be brought before the Liquor
Board.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
Many liquor licensees are currently struggling with the wait times at the State level,
where it can take months to process licenses. This delay means that many licenses
expire while in the process of being renewed. While retailers can still continue to use
their license as long as they have a renewal in process, this expiration causes
wholesalers to threaten to stop distributing to their businesses. Shortening the time an
application takes to be renewed and to make minor changes will help our local
businesses.
Many other municipalities including Centennial, Littleton, Wheat Ridge, and others,
administratively approve licenses and modifications in this way. The Liquor Board will
be able to designate certain areas that the City Clerk may approve administratively,
such as applications for renewal, transfer of ownership, temporary permit, or for
changes in manager.
FINANCIAL IMPLICATIONS:
This streamlined process will result in a minimal decrease of required staff time.
BOARD/COMMISSION RECOMMENDATION:
The Liquor Board discussed this proposal at the August 17, 2022 meeting and is
supportive of this ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If Council denies this Ordinance, the Liquor Board will continue to approve these items.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
None