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HomeMy WebLinkAbout10542ORDINANCE NO.10542 AN ORDINANCE AMENDING SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN SECTION 44-3-313(1)(D)(I), C.R.S., WITH RESPECT TO LODGING AND ENTERTAINMENT LIQUOR LICENSES ON PREMISES LOCATED IN THE THUNDER VILLAGE BUSINESS DISTRICT NEAR THE CAMPUS OF COLORADO STATE UNIVERSITY – PUEBLO WHEREAS, pursuant to Section 44-3-313(1)(d)(I), C.R.S., the Colorado Liquor Code generally prohibits the issuance of any type of liquor license if the building in which liquor is to be sold is located within five hundred (500) feet of the principal campus of any school, college, or university; and WHEREAS, the Colorado Liquor Code allows the governing body of a municipality to eliminate or reduce such distance restriction for various liquor licenses pursuant to Section 44- 3-313(1)(d)(III), C.R.S.; and WHEREAS, interested parties affected by this ordinance have requested the modification and elimination of the distance restriction in the manner set forth herein, and such request is not unreasonable nor contrary to the public good; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 11-3-12 of Chapter 3 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-3-12. - Distance from schools or colleges. (a) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the five- hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S., is hereby reduced to two hundred (200) feet, provided that this distance reduction shall apply only to bona fide hotel and restaurant businesses, which maintain at least five (5) sleeping rooms for the accommodation of guests and have meals available for consumption at all times when the facility is open to the public. (b) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the five- hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S., is hereby eliminated, provided that the elimination of this distance restriction shall apply only to bona fide beer and wine, hotel and restaurant, tavern, brew pub, club, arts, vintner's restaurant, and distillery pub liquor licensed businesses located within the Downtown Business District, which shall be defined as the area beginning at the intersection of W 13th and N Elizabeth St., east along centerline of W 13th St. to the center of Interstate 25; thence south along the center of existing or future Interstate 25 to the northern edge of the railroad lines at an approximate location of 38° 15'48.369" N, 104° 36'18.691" W. Thence SW along the northern edge of the railroad to a point on the top of the Arkansas River levee at an approximate latitude and longitude of 38° 15'38.319" N, 104° 36'57.711" W; thence NW along the top of the levee to an approximate location of 38° 15'50.625" N, 104° 37'11.123" W; thence NE at 43 degrees for a distance of ~2139 ft. to the centerline of N Elizabeth St. at approximately 38° 16'4.9" N, 104° 36'51.34" W; continuing north along the centerline of N Elizabeth St. to the point of beginning at the intersection of W 13th St. and N Elizabeth St. (Map attached as Exhibit A.) (c) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the five- hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S., is hereby eliminated for: (1) a Hotel and Restaurant Class Liquor License to serve the Occhiato University Center located upon the Campus of Colorado State University-Pueblo, 2200 Bonforte Boulevard, Pueblo, CO 81001; (2) a Hotel and Restaurant Class Liquor License to serve the Neta and Eddie DeRose Thunderbowl located upon the Campus of Colorado State University-Pueblo, 2301 Rawlings Blvd, Pueblo, CO 81001; and (3) Hotel and Restaurant and Lodging and Entertainment Liquor Licensed\[licensed\] businesses located within the Thunder Village Business District, which shall be defined as the area beginning at the intersection of Troy Avenue and future Roma Way; thence north along the centerline of existing or future Troy Avenue to future Stadio Way; thence west along the centerline of future Stadio Way to the eastern boundary and property line of the parcel occupied by the landmark known as the Thunderbowl; thence south and then west along the eastern and southern boundaries and property lines of the parcel occupied by the landmark known as the Thunderbowl to the eastern boundary and property line of the Campus of Colorado State University-Pueblo; thence south along the eastern boundary and property line of the Campus of Colorado State University-Pueblo to future Roma Way; thence southwest along the centerline of future Roma Way to the point of beginning at the intersection of Troy Avenue and Roma Way. (d) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the five- hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S., is hereby eliminated for a Tavern Class Liquor License to serve the College Center Building including curtilage up to one hundred (100) feet from said building located upon the campus of Pueblo Community College, 900 W. Orman Avenue, Pueblo, CO 81004. (e) Any license granted under the provisions of this Section shall also be subject to all other applicable provisions of state and local law. (f) The grant or denial of any application under this Section shall remain within the authority and discretion of the Liquor and Beer Licensing Board. 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 implement 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 August 14, 2023. Final adoption of Ordinance by City Council on August 28, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 31, 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 City Clerk's Office Item # S10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 28, 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 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN SECTION 44-3-313(1)(D)(I), C.R.S., WITH RESPECT TO LODGING AND ENTERTAINMENT LIQUOR LICENSES ON PREMISES LOCATED IN THE THUNDER VILLAGE BUSINESS DISTRICT NEAR THE CAMPUS OF COLORADO STATE UNIVERSITY - PUEBLO SUMMARY: Attached for consideration is a text amendment to Section 12 of Chapter 3 of Title XI of the Pueblo Municipal Code, eliminating distance restrictions for Lodging & Entertainment liquor licenses in the Thunder Village Business District. PREVIOUS COUNCIL ACTION: Pueblo Municipal Code Section 11-3-12 has been amended in various instances to eliminate or reduce statutory distance restrictions for liquor licensed businesses. BACKGROUND: Pursuant to C.R.S. § 44-3-313(1)(d)(I), an application for a liquor license cannot be received or acted upon if the proposed building is located within five hundred (500) feet of any school. This restriction does not apply to businesses that were already licensed before the school opened. A municipality may also by ordinance eliminate or reduce the distance restriction per C.R.S. § 44-3-313(1)(d)(III). The City has previously chosen to alter certain distance restrictions as set out in Pueblo Municipal Code § 11-3-12. The “Thunder Village Business District” is covered by subsection (c) thereof and already eliminates the distance restriction for Hotel and Restaurant liquor licenses. Interested parties have requested that the exemption be expanded to include Lodging & Entertainment liquor licenses, in order to facilitate the development of new businesses in the Thunder Village Business District. Thunderzone and Lobo’s Tacos are currently located in the district and have Hotel and Restaurant liquor licenses. Aside from the proximity of Colorado State University- Pueblo, two schools have also opened within five hundred (500) feet of the businesses in the district. The proposed ordinance amends Pueblo Municipal Code § 11-3-12 and adds an exception from the five hundred (500) foot distance restriction in the Thunder Village Business District for Lodging & Entertainment liquor licenses. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, Pueblo Municipal Code § 11-3-12 will not be amended and an exception will not be created in the Thunder Village Business District for Lodging & Entertainment liquor licenses. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: None