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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�) D �I � �J 1 o 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.