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HomeMy WebLinkAbout10815ORDINANCE NO. 10815 AN ORDINANCE AMENDING SECTION 11-3-11 OF THE PUEBLO MUNICIPAL CODE REGARDING LIQUOR LICENSING APPLICATION FEES WHEREAS, Certain local licensing fees are authorized by Colorado Revised Statutes §44-3-505, and WHEREAS, City Charter Section 3-13 authorizes Council to set fees for licenses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-3-11 to the Code is amended as follows (brackets indicate matter being deleted, underscoring indicates new matter being added): Sec. 11-3-11. License applications. (a) All applications for licenses and fees shall be filed with the City Clerk, on forms to be approved by the City Clerk, together with such other information and documents as may be required by the rules of the Liquor and Beer Licensing Board. The City Clerk, or their designee, shall act as Secretary to the Liquor and Beer Licensing Board. (b) All applications shall not be complete until all fees are paid including those payable to the State Department of Revenue, required by City for applications and permits as set by resolution payable to City Clerk, and local applications fees as described in subsection (c) of this section. (c) All application fees shall be payable, at the time of filing, to City Clerk and shall equal the maximum local application fee established by the Colorado Department of Revenue Enforcement Division Liquor and Tobacco for the specific type of application. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 3. The officers and staff of the City are authorized to perform all acts consistent with the intent of this Ordinance to effectuate the transaction described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 23, 2024. Final adoption of Ordinance by City Council on October 15, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ Deputy City Clerk City Clerk's Office Item # R6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 15, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Marisa Stoller, City Clerk SUBJECT: AN ORDINANCE AMENDING SECTION 11-3-11 OF THE PUEBLO MUNICIPAL CODE REGARDING LIQUOR LICENSING APPLICATION FEES SUMMARY: This Ordinance adds additional sections to Pueblo Municipal Code section 11-3-11 to accommodate the collection of local licensing fees as set by Colorado Revised Statutes by the City Clerk. PREVIOUS COUNCIL ACTION: This section was enacted in 1973 and has not been modified since. BACKGROUND: State law authorizes specific local liquor license fees. In addition, there are fees for liquor licenses that are set by resolution as a Fee Schedule and are for general liquor license fees such as a renewal fee and a new license fee. The most recent modification of this was by Resolution 15731 done August 26, 2024, because the Lodging and Entertainment License was separated into two different licenses per state law. The fees contemplated in this ordinance are separate additional fees set by Colorado Revised Statutes. C.R.S. §44-3-505 sets the fee amount and it is currently used by municipalities across the state. This ordinance will allow our Clerk to collect these fees, separate from those listed in Resolution 15731 and allow that amount to change when the Colorado Revised Statutes change without having to submit an update to the code. Local licensees pay both of these fees to City currently; there is no increase. FINANCIAL IMPLICATIONS: There are no additional costs to the City or licensee with respect to this Ordinance. These fees are already collected by City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, fees will continue to be set by Resolution and need to be updated in parallel with the state. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. State Chart of current Local Licensing Fees