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HomeMy WebLinkAbout05661ORDINANCE NO. 5661 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI OF THE CODE OF ORDINANCES OF THE CITY OF PUEBLO TO REDUCE THE DISTANCE FROM SCHOOL PREMISES BEYOND WHICH HOTEL AND RESTAURANT LIQUOR LICENSES MAY BE ISSUED WHEREAS, 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 500 feet of school or college premises; and WHEREAS, the Colorado Liquor Code allows the governing body of a municipality to eliminate or reduce such distance restric- tions for hotel and restaurant licenses; and WHEREAS, the City Council finds and determines that the present limitation is unduly restrictive as regards bona fide hotel and restaurant businesses in which the service of alcoholic beverages is only incidental to their primary purpose of providing meals and lodging to guests of the establishment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (underscoring indicates new material being added.) SECTION 1. That Chapter 3 of Title XI of the 1971 Code of Ordinances of the City of Pueblo is hereby amended by the addition of a new section to read as follows: 11 -3 -12: HOTEL AND RESTAURANT LICENSE APPLICATIONS DISTANCE FROM SCHOOLS OR COLLEGES (a) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the 500 foot distance limitation contained in section 12- 47- 138(1)(d)(I), C.R.S. is hereby reduced to 200 feet. (b) This distance reduction shall apply only to bona fide hotel and restaurant businesses, which maintain at least 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. (c) Any license granted under the provisions of this section shall also be subject to all other applicable provisions of state and local law. (d) The grant or denial of any application under this section shall remain within the authority and discretion of the Liquor and Beer Licensing Board of the City of Pueblo. OVOMTnM 7 This Ordinance shall take effect immediately upon final passage. ATTEST: e ty Clerk APPROVED AS TO FORM: City Atto(rne INTRODUCED: January 28 , 1991 By KENNETH HUNTER Councilperson APPROVE Pres' ent of t e City Co ncil JGS 6.16 -2-