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HomeMy WebLinkAbout05920ORDINANCE NO. 5920 AN ORDINANCE AMENDING SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE 1971 CODE OF ORDINANCES TO REDUCE THE MINIMUM DISTANCE SEPARATING HOTEL AND RESTAURANT LIQUOR LICENSED PREMISES FROM PROPERTY USED FOR SCHOOL PURPOSES WITHIN THE PUEBLO DOWNTOWN BUSINESS DISTRICT FROM 500 FEET TO 300 FEET WHEREAS, the Colorado Liquor Code prohibits issuance of a liquor license for premises located within 500 feet of property used for public or parochial school purposes; and WHEREAS, the Colorado Liquor Code permits the governing body of a municipality to eliminate or reduce such distance restrictions for hotel and restaurant licenses only; and WHEREAS, the City Council finds and determines that the public peace, order and decency will not be adversely affected by decreasing such distance buffer from 500 feet to 300 feet for hotel and restaurant premises located within the Pueblo downtown business district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: (brackets indicate matter being deleted; underscoring indicates matter being added) Section 1. Section 12 of Chapter 3 of Title XI of the 1971 Code of Ordinances is hereby amended 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] . provided that this distance reduction shall apply only to bona fide hotel and restaurant businesses, which maintain at least i) 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 500 foot distance limitation contained in section 12- 47- 138(l)(d)(1). C.R.S. is hereby reduced to 300 feet, provided that this distance reduction shall alply only to bona fide hotel and restaurant businesses located within the downtown business district bounded by the center line of Interstate Highway 25 on the east, the center line of Elizabeth Street on the south and west, and the center line of Thirteenth Street on the north. (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. Section 2. This ordinance shall become effective immediately upon final passage. INTRODUCED November 14 11994. by PATRICK AVALOS (Councilperson) (SEA-) ATTEST: APPROVED: Ci Clerk sident of the City Council 3