HomeMy WebLinkAbout07824ORDINANCE NO. 7824
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 COLLEGE CENTER BUILDING AND CURTILAGE LOCATED ON THE CAMPUS OF
PUEBLO COMMUNITY COLLEGE FOR TAVERN 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 tavern licenses; and
WHEREAS, Pueblo Community College 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 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- 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- 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.
(c) Pursuant to authority granted to the City Council by the Colorado Liquor
Code, the 500 - hundred -foot distance limitation contained in section 12- 47- 313(1)(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.
u Pursuant to authority granted to the City Council by the Colorado
Liquor Code, the five - hundred (500) foot distance limitation contained in Section 12-
47- 313(1)(d)(1), C.R.S., is hereby eliminated for a Tavern Class Liquor License to
serve the College Center Building including curtilage up to one - hundred feet from
said building located upon the campus of Pueblo Community College, 900 W. Orman
Avenue, Pueblo, Colorado, 81004.
[(d)]u Any license granted under the provisions of this Section shall also be
subject to all other applicable provisions of state and local law.
[(e) ]L1 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 Mav 27. 2008
BY Vera Ortegon
Councilperson
APPROVE �.
i i l� l F'erf runui
A S ECG Iay,
� CLERK
PASSED AND APPROVED: June 9, 2008
4-7���
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: May 27, 2008
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
RESPECT TO THE COLLEGE CENTER BUILDING AND CURTILAGE LOCATED ON
THE CAMPUS OF PUEBLO COMMUNITY COLLEGE FORTAVERN LIQUOR LICENSES
ISSUE
Should City council eliminate the five- hundred foot distance restriction in order to permit a tavern
liquor license to be issued with respect to the College Center Building and curtilage located on
the campus of Pueblo Community College ( "PCC ")?
RECOMMENDATION
The request is being made by PCC for whose benefit, in general, the distance restriction was
created (see attached letter). 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.
PCC wishes to obtain a tavern liquor license for the premises located at the College Center
Building including curtilage not to exceed one hundred feet. The license is desired for the
purposes of serving alcohol at community and special events and to provide alcohol services
with meals prepared pursuant to PCC's Culinary Arts program.
FINANCIAL IMPACT
None.