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HomeMy WebLinkAbout15381RESOLUTION NO. 15381 A RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR AND BEER LICENSE APPLICATIONS AND PERMITS AND REPEALING RESOLUTION 13529 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Local fees chargeable for liquor and fermented malt beverage license applications and permits are adopted as herein set forth. (a) For a new license, the application fee shall be one thousand dollars ($1,000.00). (b) For a transfer of location or ownership, the application fee shall be seven hundred and fifty dollars ($750.00). (c) For an additional liquor-licensed drugstore license, which involves transfer of ownership, change of location, and license merger and conversion pursuant to \[§12-47-408(1)(b)\] §44-3-410(1)(b) C.R.S., the application fee shall be one thousand dollars ($1,000.00). (d) For a timely renewal application, \[i.e.\] an application filed on or prior to the expiration date of the existing license, the application fee shall be one hundred dollars ($100.00). (e) For a late renewal application: \[,i.e.\] for an application received after the expiration date of the existing license but not more than ninety (90) days from and including the expiration date \[of the existing license\] the application fee shall be five hundred dollars ($500.00)\[.\], for a late renewal application that is more than ninety (90) but not more than one hundred and eighty (180) days after the expiration date of the existing license the reissue fine shall be an additional twenty-five dollars ($25.00) accruing each day past the ninety (90) days in addition a reissue fee of five hundred dollars ($500.00). A license must be in good standing and current for a transfer of the license to be approved. (f) For a temporary permit application under \[§12-47-303\] §44-3-303, C.R.S., the application fee shall be one hundred dollars ($100.00). (g) For a manager registration with respect to a hotel and restaurant liquor license under \[§12-47-411\] §44-3-413., C.R.S., the registration fee shall be \[seventy-five dollars ($75.00)\] twenty-five dollars ($25.00). (h) For a manager registration with respect to a tavern liquor license under \[12-47- 412\] §44-3-414, C.R.S., the registration fee shall be \[seventy-five dollars ($75.00)\] twenty-five dollars ($25.00). (i) For a manager registration with respect to a lodging and entertainment license under \[§12-47-426\] §44-3-428, C.R.S., the registration fee shall be \[seventy-five dollars ($75.00)\] twenty-five dollars ($25.00). (j) For qualification of officers, directors, stockholders, member or managers of a corporation or limited liability company applicants, a fee of one hundred dollars ($100.00) for fingerprint analysis, when required, and background investigation shall be paid unless the applicant has already undergone a background investigation by and paid a fee to the state licensing authority. (k) For a new license or renewal application for a\[n art gallery\] retail establishment permit under \[§12-47-22\] §44-3-424, C.R.S., the application fee shall be one hundred dollars ($100.00). (l) For a modification of premise, the application fee shall be seventy-five dollars ($75.00). §44-3-301, C.R.S. SECTION 2. Resolution No. 13529 is hereby repealed. SECTION 3. The officers of the City are authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED September 25, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # Q1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 25, 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: A RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR AND BEER LICENSE APPLICATIONS AND PERMITS AND REPEALING RESOLUTION 13529 SUMMARY: Attached for consideration is a modification to the liquor and beer license application and permit fees updating the statutes, updating the art gallery permit to a retail establishment permit, establishing a local application fee for a modification of premise, and establishing a license reissue fee consistent with the State of Colorado allowance for local fees. PREVIOUS COUNCIL ACTION: On January 14, 2008, Council adopted Resolution No. 11198 which established an increased fee schedule for the processing of certain liquor and beer license applications pursuant to Senate Bill 97-149 and C.R.S. §12-47-505 (now §44-3-505). These changes were intended to memorialize the actual costs incurred by a municipality to process liquor and beer license applications as determined by the Legislative Task Force created by the Colorado Municipal Clerk’s Association and the Colorado Municipal League. On March 23, 2015, Council adopted resolution No. 13202, which established a fee for art gallery permits, a newly enacted law, and restated all other fees from Resolution No. 11198. On September 26, 2016, Council adopted Resolution No. 13529, which established fees for liquor-licensed drugstores and manager registration for lodging and entertainment licenses pursuant to C.R.S. §12-47-408 (1)(b) (now §44-3-410 (1)(b)). This resolution restated all the liquor and beer license fees previously adopted. BACKGROUND: This June House Bill 23-1061 was adopted amending C.R.S. §44-3-424 making certain changes to what was known as an art gallery permit. Among the changes, it allows for retail establishments meeting specific qualifications, including art galleries, to obtain a license to serve complimentary alcohol. This expansion of the art gallery permit is called a retail establishment permit. This bill also amended C.R.S.§44-3-505 allowing municipalities to collect local licensing fees for retail establishment permits. House Bill 18-1025 moved the laws relating to alcohol beverages from Title 12 of the Colorado Revised Statutes to Title 44. Resolution No. 13529 still reflected the Title 12 statutes and needed to be updated to the newer statute numbers in Title 44. It also updates the amount due for manager registration with respect to tavern, lodging and entertainment, and hotel and restaurant liquor licenses. The proposed Resolution restates all the fees for liquor and beer licenses that were not mentioned above which are currently assessed. It is necessary to include these fees because local businesses or individuals may desire to apply for these licenses. The establishment of a fee for them will ensure that the City is compensated for the expenses associated with processing the same. Historically manager applications have required fingerprinting; this process has been streamlined and no longer requires fingerprints or as many resources to process. The proposed changes reduce those fees accordingly. Fingerprinting for investors is not required for publicly traded companies; simplified language was included in paragraph j to reflect that situation. The repealed Resolution did not include fees for modification of premise pursuant to C.R.S. §44-3-301, which does require resources to process; that fee has been added. Requests for modifications of premise rose during COVID when they were used to allow additional outdoor space for events and the added fee reflects the additional staff time necessary to process these increased applications. Language for late renewals previously only included up to 90 days after the license had lapsed. Language was added for after ninety days but less than one-hundred and eighty days after license has expired, making it consistent with the State of Colorado reissuance fees. The submission of late license renewals requires additional resources from City and the reissuance fees encourage licensees to remain current. FINANCIAL IMPLICATIONS: City incurs costs with respect to the processing of liquor and beer license applications, including, but not limited to, salary, benefits, and office supplies. The proposed application fees will cover the actual costs incurred by City for processing liquor and beer license applications. BOARD/COMMISSION RECOMMENDATION: The Liquor and Beer Licensing Board recommends adoption of the Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If City Council does not approve this Resolution, the City Clerk’s Office would not be authorized to charge an application fee for a retail establishment permit. Additionally, not enacting this could cause confusion between the prior laws and licenses including the art gallery permit which now no longer exists under state licensing, and the older Title 12 laws compared to the current Title 44 laws. This alternative is not recommended. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. RESOLUTION - Fee Schedule