HomeMy WebLinkAbout07688ORDINANCE NO. 7688
AN ORDINANCE AMENDING SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE CODE OF
ORDINANCES OF THE CITY OF PUEBLO FOR THE PURPOSE OF ELIMINATING THE
DISTANCE RESTRICTION CONTAINED IN §12- 47- 313(1)(d)(3), C.R.S., WITH RESPECT TO
THE OCCHIATO UNIVERSITY CENTER, LOCATED ON THE CAMPUS OF THE COLORADO
STATE UNIVERSITY - PUEBLO, FOR HOTEL AND RESTAURANT LIQUOR LICENSES
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 the principal campus
of any college or university; and
WHEREAS, the Colorado Liquor Code allows the governing body of a municipality to
eliminate or reduce such distance restrictions for hotel and restaurant licenses; and
WHEREAS, the chief executive officer of the Colorado State University - Pueblo has
requested the elimination of the distance restriction in the manner set forth herein, and such
request is not unreasonable nor contrary to the public good, 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 Code of Ordinances of the City of Pueblo
is hereby amended to read as follows:
Sec. 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
five - hundred -foot distance limitation contained in Section [12- 47- 138(1)(d)(1)] 12- 47- 313(1)(d)(1)
C.R.S., is hereby reduced to two hundred (200) feet, provided that this distance reduction shall
apply only to bona fide hotel and restaurant businesses, which maintain at least five (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 to the City Council by the Colorado Liquor Code, the five -
hundred -foot distance limitation contained in Section [12- 47- 138(1)(d)(1)] 12- 47- 313(1)(d)(1)
C.R.S., is hereby reduced to three hundred (300) feet, provided that this distance reduction shall
apply 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.
u Pursuant to authority granted to the City Council by the Colorado Liquor
Code, the 500 - hundred -foot distance limitation contained in section 12- 47- 3130)(d)(1),
C.R.S., is hereby eliminated for a Hotel & Restaurant Class Liquor License to serve the
Occhiato University Center located upon the Pueblo Campus of Colorado State University,
2200 Bonforte Blvd., Pueblo, CO 81001.
[(c)](d) Any license granted under the provisions of this Section shall also be subject to all
other applicable provisions of state and local law.
[(d)](e) The grant or denial of any application under this Section shall remain within the
authority and discretion of the Liquor and Beer Licensing Board.
SECTION 2.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED November 12, 2007
APPROVED: a
ESID NT%J City Council
ATTESTED BY:
CITY CLERK
BY Randy Thurston
Councilperson
PASSED AND APPROVED: November 26, 2007
Ord, - 7 �a�)
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # � - A1
DATE: November 12, 2007
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE CODE OF
ORDINANCES OF THE CITY OF PUEBLO FOR THE PURPOSE OF ELIMINATING THE
DISTANCE RESTRICTION CONTAINED IN §12- 47- 313(1)(d)(3), C.R.S., WITH RESPECTTO
THE OCCHIATO UNIVERSITYCENTER, LOCATED ON THE CAMPUS OF THE COLORADO
STATE UNIVERSITY - PUEBLO, FOR HOTEL AND RESTAURANT LIQUOR LICENSES
ISSUE
Should City council eliminate the five- hundred footdistance restriction in order to permit a hotel
and restaurant liquor license to be issued with respect to the Occhiato University Center located
on the campus of Colorado State University - Pueblo ( "University")?
RECOMMENDATION
The request is being made by the University for whose benefit, in general, the distance
restriction was created. Under such circumstances staff does not believe such request to be
unreasonable nor contrary to the public good.
BACKGROUND
Pursuant to State law, no liquor license may be issued for premises located within 500 feet of
the principal campus of a college or university. §12- 47- 313(1)(d)(1), C.R.S. State law also
provides, however, that such distance restriction may be reduced or eliminated by the City
Council.
Compass /Chartwells Company currently provides the food service contract for the University.
Said company has applied with the State of Colorado for a hotel and restaurant liquor license
for premises located at the Occhiato University Center. The company has communicated that
the State will not issue the requested license unless the City council eliminates the 500 foot
distance restriction which is the effect of the proposed Ordinance.
The President of the Colorado State University - Pueblo has requested passage and approval
of the Ordinance for the purposes of Compass /Chartwells Company obtaining the hotel and
restaurant liquor license.
The proposed Ordinance also corrects statutory references which have been relocated since
the last amendment to §11 -3 -12, P.M.C.
FINANCIAL IMPACT
None.