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HomeMy WebLinkAbout10480 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