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City Clerk's Office Item # R11
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 12, 2023
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 SECTION 4 OF CHAPTER 2 OF TITLE IX
OF THE PUEBLO MUNICIPAL CODE TO BRING CABARET LICENSE
APPLICATION REQUIREMENTS IN LINE WITH STANDARD LIQUOR
LICENSE APPLICATION REQUIREMENTS
SUMMARY:
Attached is an Ordinance amending Section 9-2-4 of the Pueblo Municipal Code to
remove the community review requirement for Cabaret Licenses, and to review only the
neighborhood requirement in accordance with the Colorado Liquor Code.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The current Cabaret License ordinance requires that the City of Pueblo’s Liquor and Beer
Licensing Board consider both the “reasonable requirements of the neighborhood and
the desires of neighborhood residents” and the “reasonable requirements of the
community and the desires of community residents” when issuing a Cabaret
License. The neighborhood requirement is to be considered pursuant to the Colorado
Liquor Code for liquor licensing purposes, and was incorporated into the cabaret
provisions because cabaret licenses are always only paired with a liquor license. The
community language appears to date back to the original enactment of the code in 1957
and is now mostly redundant. It may also be interpreted in a variety of ways, which could
place burdensome requirements on applicants. For example, the “community” could be
considered all of Pueblo, in which case the applicant would have to present evidence
that the entire city desires the establishment. Removing the community language will
make the ordinance consistent with liquor law while removing potential issues. There is
also a slight change to the code section to highlight the types of evidence declared
suitable by the Colorado Liquor Code.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council can choose not to approve the ordinance, leaving the community
requirement for Cabaret Licenses.
RECOMMENDATION:
Passage of the Ordinance.
ATTACHMENTS:
1. Ordinance
ORDINANCE NO.10480
AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 2 OF
TITLE IX OF THE PUEBLO MUNICIPAL CODE TO BRING
CABARET LICENSE APPLICATION REQUIREMENTS IN LINE
WITH STANDARD LIQUOR LICENSE APPLICATION
REQUIREMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 4 of Chapter 2 of Title IX 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 44-3-311, 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.
(b) The public hearing shall be conducted as a quasi-judicial hearing under
procedures set out in Chapter 7 of Title I of this Code. In determining whether to
grant or deny an application for original issuance or transfer of location of a
cabaret license, the Board shall consider the moral character of the applicant,
reasonable requirements of the neighborhood and the desires of neighborhood
residents for cabaret licensed premises as evidenced by \[petitions or testimony\]
petitions, remonstrances, or otherwise, the number of cabarets located in or
near the neighborhood, \[the reasonable requirements of the community and the
desires of community residents for cabaret licensed premises as evidenced by
petitions or testimony,\] and the probable effect of issuance of the license on the
public health, safety, and morals of the community.
(c) The annual fee for original issuance, renewal, or transfer of location or ownership
of a cabaret license shall be two hundred dollars ($200.00). Applications for
original issuance or transfer of location or ownership of a cabaret license shall
also be accompanied by a processing fee of one hundred dollars ($100.00).
Cabaret licenses shall expire one (1) year from date of issuance unless sooner
renewed. Applications for renewal of existing licenses shall be filed with the City
Clerk not later than forty-five (45) days before the date of license expiration. The
Board may hold a public hearing on any renewal application.
(d) Ownership of cabaret licenses shall not be transferable except with prior approval
of the Board after public hearing. In determining whether to permit the transfer of
ownership, the Board shall consider only the moral character of the transferee
applicant. If such transfer is approved, the transferee shall pay the full annual fee
and shall be issued a new license.
(e) The Board is hereby authorized to establish rules and regulations to implement
the provisions of this Chapter.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Ordinance to effectuate the policies and procedures described
herein.
SECTION 3.
This Ordinance shall become effective thirty (30) 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 May 22, 2023.
Final adoption of Ordinance by City Council on June 12, 2023.
President of City Council
Action by the Mayor:
☒ Approved on _June 14, 2023____.
□ 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