HomeMy WebLinkAbout06415ORDINANCE NO. 6415
AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 3 OF ARTICLE 11 OF TITLE XI
OF THE CODE OF ORDINANCES AND ADDING A NEW SUBSECTION (F) THEREIN TO
ACCEPT AND ADOPT OPTIONAL PROCEDURES SET OUT IN THE COLORADO
LIQUOR CODE; AND AUTHORIZING THE LOCAL LICENSING AUTHORITY TO
IMPLEMENT THE SAME
WHEREAS, the optional procedures set forth in sec. 12-47- 110(3) through sec. 12-
47- 110(6) of the Colorado Liquor Code allow for imposition and payment of fines in lieu of
license suspensions, by mutual agreement of the licensing authority and Licensees found
to have violated Code provisions; and
WHEREAS, these optional procedures are not available on the local level unless
and until they are adopted by action of the local governing body; and
WHEREAS, the City Council finds and determines that it is in the public interest to
adopt these optional procedures;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
(brackets indicate matter being deleted; underscoring indicates matter being added)
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Section 8 of Chapter 3 of article 11 of Title XI of the Code of Ordinances of the City
of Pueblo is hereby amended by changes to subsections (a), (c), (d) and (e) and by the
addition of a new subsection (f), ) to read as follows:
11 -3 -8: SUSPENSION AND REVOCATION OF LICENSE
(a) The Liquor and Beer Licensing Board shall have the power to suspend or
revoke any license issued by the Board on its own motion or on complaint for any violation
by the licensee {, its} or by any of the agents, servants, or employees of such licensee of
the provisions of {C.R.S. 1963, Chapter 751 the Colorado Liquor Code, the Colorado Beer
Code or any of the Rules and Regulations {issued thereunder} authorized pursuant to
such Codes or any of the terms, conditions or provisions of the license issued by the
Board, {provided that an} after investigation and {a} public hearing The granted} at which
the licensee shall be afforded an opportunity to be heard.
(b) The Board shall have the power to administer oaths and issue subpoenas to
require the presence of persons and the production of papers, books, and records
necessary to the determination of any hearing which it is authorized to conduct.
(c) Notice of suspension or revocation, as well as any required notice of such
hearing, shall be given by mailing same in writing to the licensee at. the address contained
in such license. No such suspension shall be for a longer period than six months.
(d) {Temporary suspension of any license may be made} Any license may be
summarily suspended by the Board without notice pending any prosecution, investigation
or public hearing {, }. Nothing in this section shall prevent {provided that} the summary
suspension of such license {does not exceed a} for a temporary period of not more than
fifteen (15) days. {Suspension pending any prosecution, investigation or public hearing
shall not be for a longer period than six (6) months.}
(e) If any license is suspended or revoked, no {No} part of the fees paid therefor {by
the licensee} shall be returned to {him} the licensee. {whenever any license is suspended
or revoked.}
(f ) The Board shall have the power to implement the optional procedures set
forth in subsections (3) to (6) of section 12 -47 -601 of the Colorado Liquor Code, which the
City Council hereby accepts and adopts.
SECTION 2.
This ordinance shall become effective immediately upon final passage.
INTRODUCED February 22, 1999
BY: Cathy A. Garcia
Councilperson
APPROVED: • r� -�I- --
President of the Council
ATTEST:
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