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Home My WebLink About07911ORDINANCE NO. 7911 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI RELATING TO ALCOHOLIC BEVERAGES AND PERMITTING RETAIL LIQUOR STORES AND LIQUOR- LICENSED DRUGSTORES TO CONDUCT ALCOHOL BEVERAGE TASTINGS WHEREAS, pursuant to Section 12 -47- 301(10), C.R.S., the City of Pueblo may authorize by ordinance sample tasting of alcohol beverages by a retail liquor store or liquor - licensed drugstore. WHEREAS, the City Council wishes to adopt an ordinance authorizing such tastings subject to the conditions, requirements and application procedures herein set forth, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Chapter 3 of Title XI is amended by the addition of a new Article VI to read as follows: Article Vi Alcohol Beverage Tastings 11 -3 -61. Authority A retail liquor store or liquor - licensed drugstore licensee may conduct alcohol beverage tastings within the City only following approval of an application for an alcohol beverage tastings permit by the Liquor and Beer Licensing Board and subject to the limitations set forth in this Article and Section 12-47- 301(10), C.R.S., as amended. 11 -3 -62. Application (a) A retail liquor store or liquor - licensed drugstore licensee desiring to conduct alcohol beverage tastings must submit a permit application or permit application renewal for that purpose in accordance with this Article. (b) An alcohol beverage tastings permit shall be valid for the period of the then - existing liquor license, and the permit may be renewed at the time of any liquor license renewal. (c) An application for alcohol beverage tastings permit must be submitted to the Liquor and Beer Licensing Board no later than thirty (30) days prior to the date of the first alcohol beverage tastings requested in the application or at the time of license renewal, whichever occurs first. (d) At a minimum, the application must include the following information: M The name of the licensee and location of the premises of the retail liquor store or liquor - licensed drugstore; (2) Schedule of the specific dates and times of requested alcohol beverage tastings for the period of the permit. Following approval of a tastings permit and the tastings schedule by the Liquor and Beer Licensing Board, the licensee may amend such schedule by delivering to the Liquor and Beer Licensing Board, at least fourteen (14) days prior to an unscheduled event, a notice of amendment of the approved schedule; (3) A copy of a certificate of training for individuals who will conduct beverage tastings; and (4) Any other information requested by the Liquor and Beer Licensing Board reasonably necessary to ensure compliance with the requirements of this Article and Section 12 -47- 301(10), C.R.S., as amended. 11 -3 -63. Decision on Application. (a) The Liquor and Beer Licensing Board may deny an application for issuance of an alcohol beverage tastings permit upon the following grounds: M The applicant has failed to establish that the applicant is able to conduct alcohol beverage tastings in compliance with this Article or Section 12-47- 301(10), C.R.S., as amended; (2) The alcohol beverage tastings requested by applicant creates or threatens to create a public safety risk to the neighborhood; or (3) The Licensee has violated the Colorado Liquor Code or any rules and regulations authorized pursuant to such code during the one (1) year immediately proceeding the date of the application. (b) If an application for an alcohol beverage tastings permit is denied, the Liquor and Beer Licensing Board shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the Liquor and Beer Licensing Board within fifteen (15) days after the date of notice. 11 -3 -64. Operation Alcohol beverage tastings shall be conducted in compliance with and subiect to the conditions and reauirements set forth in this Article and Section 12-47- 301(10), C.R.S., as amended SECTION 2. The application fee for an alcohol beverage tastings permit or renewal shall be $75.00 and shall be paid at the time of application. The application fee may be amended by City Council pursuant to Resolution. SECTION 3. This Ordinance shall become effective upon final passage and approval. BY Vera Ortegon Councilperson PIED Lanum S ° 1) aY: CLERK INTRODUCED October 27, 2008 PASSED AND APPROVED: November 10, 2008 µ — �9 F' ED ......_ _..,. Background Paper for Proposed ORDINANCE AGENDA ITEM # 26 DATE: October 27, 2008 DEPARTMENT LAW DEPARTMENT TITLE AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI RELATING TO ALCOHOLIC BEVERAGES AND PERMITTING RETAIL LIQUOR STORES AND LIQUOR- LICENSED DRUGSTORES TO CONDUCT ALCOHOL BEVERAGE TASTINGS ISSUE Should the City Council permit retail liquor stores and liquor - licensed drugstores to conduct alcohol beverage tastings within the City of Pueblo? BACKGROUND Pursuant to and subject to the limitations and requirements of Section 12 -47- 301(10), C.R.S., the City of Pueblo may authorize by ordinance sample tasting of alcohol beverages by a retail liquor store or liquor - licensed drugstore. This Ordinance authorizes such tastings and implements an application process with respect to issuance of such a permit. Pursuant to the proposed Ordinances, applications for tastings permits must be submitted to the Liquor and Beer Licensing Board (LBLB) 30 days prior to when the first tasting occurs or at the time of renewal. The application must identify the dates and times of the tastings. In addition, a copy of a certificate of training for individuals who will conduct tastings must be filed The LBLB may deny an application on the basis that (1) the applicant has failed to establish that the applicant can conduct alcohol beverage tastings in compliance with the Ordinance or Section 12 -47- 301(10), C.R.S.; (2) the alcohol beverage tastings requested by applicant creates or threatens to create a public safety risk to the neighborhood, or (3) the applicant has violated the Colorado Liquor Code one year proceeding the date of the application. With respect to any denial, the LBLB must give written notice of such action and the state the grounds for the denial. The applicant has the right to a hearing on any such denial If approved by the City Council, this Ordinance will become effective 15 days after final passage and approval. RECOMMENDATION Approval of the Ordinance FINANCIAL IMPACT None.