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