HomeMy WebLinkAbout07831ORDINANCE NO. 7831
AN ORDINANCE AMENDING SUBSECTION C OF 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 1 12- 47- 313(1)(d)(3), C.R.S.,
WITH RESPECT TO THE NETA AND EDDIE DEROSE THUNDERBOWL, LOCATED ON THE
CAMPUS OF THE COLORADO STATE UNIVERSITY - PUEBLO, FOR AN OPTIONAL PREMISE
LICENSE TO A HOTEL AND RESTAURANT LIQUOR LICENSE
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 optional
premise license; 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
deleted, underscoring indicates matter added.)
SECTION 1.
Subsection (c) of Section 12 of Chapter 3 of Title XI of the Code of Ordinances of the City
of Pueblo is amended to read as follows:
(c) 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 eliminated for u a Hotel and Restaurant
Class Liquor License to serve the Occhiato University Center located upon
the Pueblo Campus of Colorado State University, 2200 Bonforte Boulevard,
Pueblo, CO 81001 and (2) an Optional Premise License issued in
connection with said Hotel and Restaurant Class Liquor License to
serve the Neta and Eddie DeRose Thunderbowl located upon the
Pueblo Campus of Colorado State University, 2301 Rawlings Blvd.,
Pueblo, CO 81001.
SECTION 2.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED June 23, 2008
BY Vera Ortegon
Councilperson
APPROVE �.
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A S ECG lay,
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PASSED AND APPROVED:
14.2008
Background Paper for Proposed
ORDINANCE
DATE: June 23, 2008
DEPARTMENT: Law Department
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AGENDA ITEM #
TITLE
AN ORDINANCE AMENDING SUBSECTION C OF 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 NETA AND EDDIE DEROSE
THUNDERBOWL, LOCATED ON THE CAMPUS OF THE COLORADO STATE
UNIVERSITY- PUEBLO, FOR AN OPTIONAL PREMISE LICENSE TO A HOTEL AND
RESTAURANT LIQUOR LICENSE
ISSUE
Should the City Council approve the Ordinance relating to the elimination of the distance
restrictions with respect to the Neta and Eddie DeRose Thunderbowl (the "Stadium ")?
RECOMMENDATION
The request is being made by Colorado State University- Pueblo University ( "University ") 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 norcontrary 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. 1 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.
By way of recent enactment, City Council eliminated the five- hundred foot distance
restriction in order to permit a hotel and restaurant liquor license to be issued with respect
to the Occhiato University Center located on the University.
This Ordinance would further eliminate the distance restriction in order to allow said
licensee to apply for and if approved operate its hotel and restaurant liquor license at the
Stadium.
FINANCIAL IMPACT
None