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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) �gwftgrepvml 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: '"M MOMRSIS