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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��� o 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.